Guatemala’s Constitutional Court set to hear arguments regarding fate of genocide trial

This morning, the Constitutional Court (CC), Guatemala’s highest court, will hear arguments regarding the April 2013 decision by Judge Carol Patricia Flores to set the genocide case back to a pre-trial phase. The mid-trial ruling cited technical errors in the judicial process and stated that the case should return to November 2011, before Ríos Montt had ever been indicted.

Plaintiffs on the case, the Center for Human Rights Legal Action and the Association for Justice and Reconciliation (AJR), immediately appealed Flores' ruling. One member of the AJR reacted to the controversial decision stating, "[Judge Flores] only wants to help impunity continue to reign in Guatemala and that is why we, the victims, have to break this noose of impunity, this beast that has for so long ruled Guatemala."

If the CC upholds Judge Flores’ ruling, witness and expert testimony that formed the basis for the historic genocide sentence will effectively be erased and Ríos Montt will be free. After hearing arguments by the prosecution and the defense, the CC will have 5 days to come to their final resolution; however, the Court notoriously emits their decision late, leaving the involved parties and the public waiting in suspense.

The 13-year struggle of the survivors did not end with the Constitutional Court’s controversial decision to annul the genocide trial last May. Six months later, the Association for Justice and Reconciliation denounced the Guatemalan State for the denial of justice to the Maya Ixil people by filing a formal complaint with the Inter-American Commission on Human Rights (IACHR). The complaint cited a number of deficiencies in the genocide trial process, including excessive delays and the denial of the right to justice of the witnesses who gave their testimony in court.

Meanwhile, Guatemala’s justice system continues to feel the impacts of the national and international struggle for historical memory, prompted by the groundbreaking genocide trial. The ongoing legal debate regarding the possibility of amnesty for Ríos Montt, despite national and international laws that prohibit amnesty for war crimes, is just one example. The decision on amnesty, which threatens to permanently undermine survivors’ decades-long work for justice, is yet to be resolved, as nearly one hundred judges have recused themselves from hearing the issue. Furthermore, the February decision to end current Attorney General Claudia Paz y Paz's term early has once again called into question the impartiality of the Constitutional Court and has instilled a sense of uncertainty as to the future of human rights cases in national courts.

The AJR commemorates the one year anniversary of the start of genocide trial.
Photo: Cristina Chiqun, March 19, 2014

Despite considerable setbacks since the start of the genocide trial and well beyond the annulment of the verdict, survivors remain positive and committed to ending the reign of impunity in Guatemala. The monumental weight of the genocide sentence continues to validate their struggle in search of truth and justice. 

“When the trial started, I was pleased because I knew that the truth had reached the people of Guatemala, and not just Guatemala but the world. This made me satisfied because what we suffered was acknowledged… They were able to annul the sentence politically but historically no one will take it away from us, the sentence remains in our hearts. One year after the historic trial, we remain strong in order to keep fighting and demanding justice in Guatemala.” - Benjamín Manuel Gerónimo, Vice-President of the Association for Justice and Reconciliation

NISGUA has provided human rights accompaniment to the witness organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. Review our archival coverage of the historic genocide trial here. 

Genocide retrial set for January 2015; national courts debate possibility of amnesty

On November 5, almost six months since the highly contested decision by Guatemala's Constitutional Court (CC) to annul the genocide sentence, Guatemalan courts announced a date for the retrial of former General Ríos Montt. Guatemala's High Risks Court “B” affirmed that it has the jurisdiction to hear the case but said its calendar is full until January 5, 2015.

The announcement of the retrial date came the same day that the Association for Justice and Reconciliation and their legal team filed a complaint in the Inter-American Commission on Human Rights (IACHR) against the Guatemalan state for continued impunity for grave human rights violations committed against the Ixil people. The complaint focuses on the May 10 annulment of the genocide conviction, arguing that survivors have been denied access to the right to justice in national courts.

Constitutional Court decision opens door for Ríos Montt to receive amnesty

On October 22, the Constitutional Court ruled in favor of an appeal presented by Ríos Montt's defense, opening the door to amnesty for war crimes. The appeal, one of many filed by the defense lawyers on the issue of amnesty, argued that due process was not respected in a decision on wartime Decree 8-86. Decree 8-86, dating back to the de facto government of Oscar Humberto Mejía Víctores (1983-1986), mandated a blanket amnesty for all crimes committed between March 23, 1982 and January 14, 1986.  Both former military generals Mejía Víctores and Ríos Montt are currently accused of genocide and would benefit from the application of amnesty. 

Ríos Montt's lawyers argued that Judge Miguel Ángel Gálvez Aguilar, who ruled against the possibility of amnesty, based his decision exclusively on Guatemala's 1996 National Reconciliation Law, and did not incorporate analysis of Decree 8-86. The National Reconciliation Law, created in 1996 with the signing of the Peace Accords, explicitly excludes genocide from the application of amnesty.  

Judge Gálvez Aguilar’s decision was immediately contested by the defense; however, an Appeals Court upheld the ruling, denying amnesty for war crimes. Now, the Constitutional Court has ordered the Appeals Court to elaborate in its explanation and provide foundation for its previous decision. While the Constitutional Court ruling alone does not grant amnesty, the decision sends an unequivocal message to lower courts encouraging them to reconsider previous rulings.

The 1996 Reconciliation law, in conjunction with the Inter-American Convention on Human Rights¹. and the Convention for the Prevention and Punishment of the Crime of Genocide², both ratified by the state of Guatemala, clearly invalidate the 1986 "auto-amnesty" decree, rendering the decision of the Constitutional Court, "a flagrant violation of international human rights law and the obligation to guarantee the right to truth, justice and reparations for the victims^3.."

At the time of publication, it is unclear when a decision on amnesty will be made as the lower court ordered to review the previous ruling on amnesty has been plagued by delays and recusals by Appeals Court judges. Anselmo Roldán, President of the Association for Justice and Reconciliation, denounced these malicious delay tactics during his recent NISGUA speaker tour and called for and end to the partiality of the national justice system.

1    http://www.cidh.oas.org/basicos/english/Basic4.Amer.Conv.Ratif.htm
2    http://treaties.un.org/pages/ViewDetails.aspxsrc=TREATY&mtdsg_no=IV-1&chapter=4&  lang=en
3    FIDH, Anulación de la condena al General Ríos Montt: la FIDH solicita a la Corte de Constitucionalided de Guatemala reformar su decisión. Aug. 9 2013. www.fidh.org/anulacion-de-la-condena-al-general-Ríos-montt-la-fidh-solicita-a-la-corte-13809

NISGUA has provided human rights accompaniment to the witness organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action, since 2000.

Original article published on November 25th, 2013 by ACOGUATE

"Justice for genocide: A survivor's story" visits Laramie, Denver and the Bay Area

The "Justice for genocide: A survivor's story" fall speaking tour left Wisconsin on November 13 to embark on the final stops of the tour: Laramie, WY; Denver, CO; and the Bay Area, CA. The Wyoming Guatemala Accompaniment Project (WYGap) welcomed tour speaker, Association for Justice and Reconciliation President Anselmo Roldán, and NISGUA Programs Coordinator, Ellen Moore. WYGap organized a total of eight events over a day and a half, the majority hosted at University of Wyoming in Laramie.

Anselmo connected with university students from various departments during a dynamic round-table discussion over lunch. Later, he gave a public presentation at the university, drawing people from surrounding communities, thanks to strong local media promotion of the event. Anselmo finished the evening with an interfaith tapas dinner organized by local faith communities followed by a reception at the university.

 

The next morning, Anselmo spoke to a master’s students class and concluded the Laramie visit with a prayer circle before heading to Denver.

WYGap and University of Wyoming students were deeply impacted by Anselmo's visit. They eagerly joined our postcard campaign in support of the genocide sentence with messages for the AJR:

In a world upheld by impunity there can be no justice and gross human rights violations cannot be stopped. We must punish these men and break the cycle of violence.

Democracy cannot function without justice and the rule of law.

I am a Guatemalan immigrant and justice must be served!

Todos tienen el derecho de seguir adelante con la memoria reconocida y la seguridad garantizada. Les apoyo a Uds. en la lucha por justicia y les admiro la valentía.

Injusticia es injusticia. Estamos en solidaridad. Por favor, no dejen de luchar.

In Denver, CO, Anselmo had the unique opportunity to meet with the Romero Theater Troupe, an inspiring group of social justice focused local performers. The Troupe truly connected with Anselmo and the work of the AJR and is excited to continue to build their relationship.

While in Denver, we were honored to join the Denver Justice and Peace Committee (DJPC) for their annual awards night. This year, DJPC chose to to present NISGUA with their Global Justice and Peace award to recognize our work and commitment to justice! See a full photo report of the awards evening here!

Denver sent their own messages of support for the genocide sentence. Some highlights include:

To deny the sentence is to deny the value of lives lost. Each of those who died needlessly has value. The sentence is a recognition of that which was taken from us all.

Ríos Montt is responsible for the massacre of the people and has torn the fabric of the Mayan society, which still lives in fear. He is guilty and needs to pay.

Los responsables del genocidio deben de pagar por sus abusos a la dignidad humana. Es justo.

 

The tour reached its final stop in the Bay Area, CA, also home to NISGUA's US Office and Operations Coordinator, Megan Whelan. Anselmo presented at a community center with a primarily Spanish-speaking audience from the Mission district and surrounding areas. Representatives from community organizations in the Bay Area came out to hear directly from Anselmo.

Anselmo connected with the San Francisco community once again at a public forum at the City College of San Francisco. Anselmo's story impacted the packed room, filled with students, faculty and people from the local community. Once again, the event was widely attended by Spanish speakers, including many Guatemalans who also suffered during the war.

While in San Francisco, City of San Francisco Supervisor, David Campos, awarded Anselmo, in representation of the AJR, a certificate of honor for their work and dedication to justice and peace for the Guatemalan people. Campos, a Guatemalan American who was forced to leave Guatemala with his family during the internal armed conflict, recognized the AJR's historic victory as plaintiffs in the genocide case against Efraín Ríos Montt. He told Anselmo, “The AJR's work is an inspiration for all of us, reminding us to be courageous in the face of injustice.”

Anselmo finished his visit to the Bay Area and closed out the three-week tour as the keynote speaker at 6th Annual Plátanos dinner organized by the Guatemala News and Information Bureau. Anselmo received a standing ovation from dinner attendees for the AJR's incredible gains this year in the process of bringing Ríos Montt to justice for genocide. 

Attendees at the tour events in the Bay Area left inspiring notes of support for the AJR. The Bay Area supports the genocide sentence because:

The lives of Guatemalans matter! Because life everywhere matters! This sentence is a bold stand for life, for honesty, for integrity, and for family history and future. The victories of the AJR are victories for all of us around the world who care about humanity, justice and love. Thank you for your struggle!

Justicia y la verdad en Guatemala son importantes para todo el mundo. Este ejemplo - el ejemplo del trabajo de AJR - demuestra a todo el mundo que NO aceptamos impunidad cuando hay graves crímenes contra la humanidad… Aunque hay gran poderes que quieren impunidad para los criminales políticos en Guatemala, el poder del pueblo y de la gente siempre supera y siempre tiene lo mas fuerza. Hasta la victoria siempre! Y gracias por todo lo que hacen.

I support the genocide sentence because as a young person, I feel that it is important to uphold your own country's law (and international law) and to severely punish someone who ruthlessly killed/massacred a group of people. Montt is a dangerous man, and it's absorb to think that after killing so many Mayans, he, of all people, can walk away without charges.

Those who disregard the basic human right to life must be brought to justice and a message must be sent that justice is not a commodity to be bought and sold.

Para mi es muy importante que se haga JUSTICIA por las masacres/ genocidio y otros crímenes contra el pueblo Indígena Maya en Guatemala. Estamos en solidaridad aquí en San Francisco, CA y vamos a apoyarlos, lo amamos lo bendecimos y cuenten con nosotros.

While our tour has come to a close, we continue to support to the AJR through our petition and postcard campaign. Sign our petition against amnesty for Ríos Montt and send the AJR a personal message in support of the genocide sentence here.

Read about our previous tour stops in Tucson, D.C. and Los Angeles and the Midwest. See what cities we're headed to next by visiting our website.

"Justice for genocide: A survivor's story" visits the Midwest

“We are here in the United States asking for your solidarity. Borders divide us, but justice is a fundamental pillar of democracy” -Anselmo Roldán to the international community

From November 7-11, NISGUA visited six Midwestern cities with Association for Justice and Reconciliation (AJR) president Anselmo Roldán.  The Midwest leg of our speaking tour started in Oberlin, OH, hosted by NISGUA sponsoring community, the Santa Elena Project of Accompaniment (SEPA).

Similar to other sponsoring communities who are connected to NISGUA's Guatemalan Accompaniment Project (G.A.P.), SEPA's direct support to G.A.P. is a concrete example of their solidarity with our partners, the AJR. SEPA was proud to host Anselmo and continue supporting the movement for justice in Guatemala.

Members of SEPA and other attendees at our Oberlin College presentations joined our postcard campaign, sharing why the genocide sentence is important to them. Some highlights from their messages include:

It is vital to give truth and validity to the voices of people that experienced genocide and make sure the law is upheld.

I feel deeply the loss of your loved ones and I want to help you remember them in the strongest way – to let the truth be known.

I believe in the people of Guatemala.

I believe in supporting the truth!  Thank you for your courage and dedication to justice.

It is important that people can live where they have the right to live, and speak their language, and love their families and support themselves without fear.

In addition, Anselmo was able to rest a bit and enjoy a true U.S. Fall while in Oberlin. He happily pitched in raking fallen leaves with SEPA member John Gates!

From Oberlin, Anselmo and NISGUA staffer Ellen Moore headed west to Chicago for three exciting presentations! A Loyola University faculty member hosted two presentations with Anselm, where he spoke to over 80 students who attended from three different universities across Chicago. The students, some hearing about the Guatemalan genocide for the first time, sent powerful messages of support back to Guatemala for the AJR:

Les mandamos nuestro apoyo a la sentencia por genocidio desde Chicago. Es importante estar unidos en tiempos difíciles para poder ejercer cambios.

The calculated, systematic murder of a group of people by their government, which it is supposed to protect and serve, is the greatest crimes imaginable. I support your cause and believe in justice.

The injustice cannot be silenced anymore

I support a world community committed to bringing all crimes against humanity to justice.

Genocide is a tragedy and justice is a basic human rights.

I believe in the right to life, I believe in a lawful government.

We rounded out our Chicago visit with an evening community event at the University Church Chicago. The Guatemala Partnership, based at University Church, graciously hosted a dinner for Anselmo followed by a public presentation. Anselmo spoke before a packed room, sharing his story as a genocide survivor and human rights defender. University Church is deeply connected to the struggle for justice. The Church was a sanctuary church during the 1980s, providing crucial support for Guatemalans fleeing the internal armed conflict. The Church's commitment to peace, justice and solidarity continues:

La verdad es una fuerza que tiene vida propia.  Su ejemplo y su valor me ha cambiado la vida para siempre. Gracias – Reverend Sara Wohlleb

It represents a historic and brave decision for justice and truth and is an example and beacon of hope for the world that those who commit atrocities will be brought to justice.

Until my teacher spent class time to discuss what happened, I was unaware of the genocide. I am amazed by the AJR’s strength. I want to support the people that have suffered so much.

La justicia existe y vive en nuestros corazones y sabemos que su verdad es la verdad.

Innocent people were killed and the guilty are free. There should be justice for genocide and crimes against humanity.

No one has the right to take someone else’s life.

Yo soy refugiado en Chicago con mi familia por causa de la Guerra de Rios Montt.

It is just – and there can be no peace without justice. Dear people of Guatemala, I hold you in my heart.

Finally, Ellen and Anselmo headed to Wisconsin to join NISGUA board president Melinda Van Slyke for three days of events in southern Wisconsin. Committed groups of NISGUA supporters attended community events in both Madison and Spring Green. During downtime, Anselmo and Ellen  enjoyed the natural beauty of a handful of Wisconsin's many lakes.

In Viroqua, WI, we joined longtime NISGUA supporter Connie Vanderhyden of the Kickapoo Guatemala Accompaniment Project (K/GAP) for a community event. Following Anselmo's presentation, K/GAP hosted a meal in order to continue chatting and sharing. Some messages left by attendees for the AJR include:

Every perpetrator of genocide should know that it will not stand before the law. Your courage brings tears to my eyes. Keep telling your truths. We are behind you.

Without justice there will be no peace. La Lucha continua!

Si hubo genocidio en Guatemala! Estimados miembros de la AJR – hay que saber que estamos con ustedes en solidaridad siempre!

Accountability is part of the healing process. Impunity prevents healing. The voices of the Guatemalan people have spoken the truth. Their perseverance and courage are testament to their truth. Justice requires that the sentence stand.

For all the lives lost, and for the ongoing suffering of the survivors the sentence must stand. The world is watching.

Anselmo connected with more Midwest students on his last day in Wisconsin at Viterbo University and University of Wisconsin - La Crosse. Students at both universities were captivated by Anselmo's story and joined in our campaign with these powerful messages:

I support the sentence because nobody should be above the law. These communities deserve justice.

Its not about revenge, it’s about justice and everyone deserves justice.

The AJR is courageous for standing up for themselves and coming to the US to tell their story. Thank you for coming to talk to us, and don’t be discouraged.

Please share your own message of support for the historic genocide sentence and the brave survivors of the Association for Justice and Reconciliation and continue the call for NO AMNESTY and NO IMPUNITY for war criminals! Participate today!

Continue to follow the NISGUA tour! Read about our previous stops in Tucson, D.C. and Los Angeles. See what cities we're headed to next by visiting our website.

"Justice for genocide: A survivor's story" visits Los Angeles

The Guatemala Education and Action Project (GEAP) hosted NISGUA and the Association for Justice and Reconciliation (AJR) on our third tour stop in Los Angeles. GEAP's events included a press conference, community event and a number of college speaking opportunities for AJR president Anselmo Roldán.

Anselmo receives a plaque by a local Guatemalan in Los Angeles.

Posters calling for justice accompany Anselmo's
presentation at a community event.

NISGUA staffer Ellen Moore supports Anselmo with interpretation.

Nearly 100 local activists and community members greeted and listened to Anselmo at the Los Angeles community-wide event. Groups in attendance included Mujeres Abriendo Caminos, Centro Colectivo de Centro America in Los Angeles, the Maya Center, AGUA, MayaVision, Local 721 SEIU, SOAWatch LA. The event was high energy, with many local Guatemalan Americans in attendance. After Anselmo's presentation, guests enjoyed marimba, dancing, a silent auction and tamales!

Anselmo is welcomed by local Guatemalans and LA activists.

Local Guatemalans who were forced to leave Guatemala due to violence joined the AJR to demand justice for genocide. They participated in our postcard campaign to send messages demonstrating their support for the survivor's organization and the historic genocide sentence back to Guatemala:

En solidaridad con las mujeres y hombres en lucha y justicia para Guatemala. No desmayan – Mujeres Abriendo Caminos

No hay lugar en este mundo, en estos días para estos criminales

Soy guatemalteco, migrante en Los Ángeles. Veo la Verdad, veo que mi pueblo necesita paz verdadera. La verdad es que hubo genocidio y los culpables deben pagar.

Porque yo soy primo, sobrino y hijo de los victimas de la Guerra en Guatemala. Todos los días pienso en una Guatemala en paz. Animo compañeros.

It is time for truth. We want justice.

It is unjust and unfair but your courage is inspiring.

Yo apoyo y los doy fuerza para que enseñen al mundo la democracia

Porque el pueblo indígena de Guatemala merece respeto. Las mejores vibras, aplausos y fuerza en su búsqueda de justicia. Estamos con ustedes.

Yo apoyo que la sentencia se mantenga para hacer valer la memoria de las personas que fueron masacradas.

Send your own message of support to the AJR and take action! Sign the petition to join the call for "NO AMNESTY" and share why the genocide sentence is important to you.

Youth help raise money for the AJR at the LA community event.

A lunch colloquium at Pomona College brought together students and faculty to listen to Anselmo's story. Later that same day, Anselmo presented to a class on Central American politics at California State University - Northridge. Students from both Pomona College and CSUN engaged with great questions for Anselmo and enthusiastically responded to our postcard campaign with messages of why they support the genocide sentence:

 

Mis bisabuelos sobrevivieron un genocidio en Armenia que no está reconocido por todo el mundo. Entiendo que todas las victimas de crímenes contra la humanidad merecen justicia.

The people of Guatemala deserve a justice system that they can rely on to protect their rights.

Representa la esperanza de un Pueblo por la lucha por la justicia.

Justice needs to be served for the ones who died, the ones who suffered and the ones who were silenced.

I believe in a democratic government and this means that the government must protect the citizen’s rights.

My parents are from Guatemala. This is the first time I have heard of this and I will now support this case to the end. Justice must be done.

A nation cannot prosper if it oppresses its own people. For this and many more reasons, I support the genocide sentence.

The faith of the AJR is inspiring. I wish you the best of luck, strength and patience with this journey. Support from Cal State Northridge!

Continue to follow the NISGUA tour! Read about our previous stops in Tucson and D.C. See what cities we're headed to next by visiting our website.

"No Impunity! No Amnesty!": Organizations react to news of CC ruling

Guatemalan newspaper Prensa Libre splashed "CC brings José Efraín Ríos Montt closer to amnesty" across its front page headlines, with the corresponding article publishing excerpts of a leaked ruling issued by the Constitutional Court. Plaintiffs and lawyers still have not received notification of the decision at the time of this writing. The article states that the ruling outlines a legal path for granting amnesty to Efraín Ríos Montt for crimes of genocide. Other major news sources and a spokesperson for the Constitutional Court have since stated the decision does not grant amnesty for Ríos Montt, but directs lower courts to clarify previous rulings that denied him amnesty. The Constitutional Court utilized a similar strategy in annulling the genocide case sentence, providing legal direction towards annulment while ordering a lower court to carry it out.

In a press conference today, the Center for Human Rights Legal Action (CALDH) and representatives from other human rights organizations stressed that genocide and crimes against humanity are not eligible for amnesty as outlined in the 1996 National Reconciliation Law. They highlighted that any resolution granting amnesty for genocide and crimes against humanity would be a political decision not supported by national or international law. Read their press release below for further details.

CALDH representatives issue statement to the press

AMNESTY IS NOT APPLICABLE TO THE CRIME OF GENOCIDE AND CRIMES AGAINST HUMANITY

The publication of the article in the [Prensa Libre] newspaper with respect to the supposed decision of the Constitutional Court (CC), has once again taken the Guatemalan people by surprise. It is seen as an attempt to justify the possible granting of amnesty for José Efraín Ríos Montt, who was already convicted of genocide and crimes against humanity, crimes that are NOT ELIGIBLE FOR AMNESTY.

Article 8 of the National Reconciliation Law of 1996 foresees the application of amnesty with respect to political crimes committed during the internal armed conflict and limits the possibility for the application of amnesty in the following way: “The extinction of penal responsibility referred to in this law will not be applicable to the crimes of genocide, torture and forced disappearance, nor to those crimes that do not have a statute of limitations or that do not allow for the extinction of penal responsibility, in accordance with the internal law or the international treaties ratified by Guatemala."

The political constitution and the obligations that are derived from international law indicate that the crimes committed in violation of international human rights and humanitarian law are inadmissible [for amnesty] and cannot go unpunished.

The state of Guatemala has been internationally condemned for not investigating, trying and sanctioning the people that committed acts of torture, extrajudicial executions, forced disappearance, sexual violence and other grave violations of international humanitarian and human rights.

None of the people accused in cases for crimes of genocide, torture, sexual violence, forced disappearance and crimes against humanity committed during the internal armed conflict are subject to the application of amnesty, statute of limitations or the extinction of penal responsibility.

According to Prensa Libre, the supposed decision ordered the High Risk Crimes Court “A” Judge to SUBSTANTIATE the decision related to the decree 8-86*, a decree that Judge Carol Patricia already ruled on in the case against Héctor Mario López Fuentes. She argued that, “whilst the existence of the decree 8-86 has been proven… the content of article 46 of the political constitution of the Republic of Guatemala cannot be dismissed in that it established the general principal that human rights treaties and conventions accepted and ratified by Guatemala have preeminence over internal law…the types of crimes for which the accused were ordered to stand trial are universally prosecuted."

Neither the victims nor the plaintiffs in the case have been notified of the resolution. It is strange and inexplicable that the Constitutional Court should provide the information exclusively to one media outlet and not to the interested parties, the rest of the media and the people of Guatemala in general.

It is our opinion that there may be an erroneous interpretation of the information which could produce harmful consequences for the justice system, given that today the secretary of the same Constitutional Court gave a public declaration to the radio station, Emisoras Unidas, clarifying that the CC is not applying amnesty but rather asking the High Risk Court “A” Judge to substantiate [her previous] decision with respect to decree 8-86.

We ask that the international community observe the fulfillment of the State’s international obligations to human and humanitarian rights so that the acts of barbarism committed against the civilian population do not go unpunished.

We ask that Guatemalan society remain alert to the possible maneuvers of the CC and that it advocate for rapid prosecution based on fulfillment of and respect for the political constitution of the Republic and international law so that delinquent acts of any nature do not go unpunished.

We ask that the Human Rights Ombudsmen observe the actions of the Constitutional Court in order to guarantee the fulfillment of the international obligations of the state with regard to human rights.

The victims of genocide and the people of Guatemala ask: “Does this information respond to the interests and structures of those who have publicly demonstrated their intention to maintain impunity for these cases?" The rulings of the CC with respect to the genocide case against Ríos Montt, have proven that there are judges who continue to pave the road to impunity.

IT WAS PROVEN, THERE WAS GENOCIDE

WE SILENCE THE VOICES OF IMPUNITY

Center for Human Rights Legal Action

Guatemala, October 23, 2013

*8-86 was a wartime decree under the Mejía Victores administration granting general amnesty to all those responsible for, or accused of, political and related common crimes committed between March 23, 1982, and January 14, 1986.