Retrial for Ríos Montt to take place behind closed doors

Legal battles over Efraín Ríos Montt's health have taken center stage over the past three months in the decades-long search for justice for genocide in Guatemala. 

On August 25, the three-judge tribunal ruled that Ríos Montt is mentally unfit to stand trial due to chronic and irreversible dementia. The court ordered that Montt be assigned a legal representative to allow for a special trial to continue without the former dictator's physical presence.

Tribunal confirms mental illness, orders legal advocate represent #RiosMontt. Recess for sides to read resolution. #Guatemala

— NISGUA (@NISGUA_Guate) August 25, 2015

This decision comes after months of set backs and debates regarding Montt's health. In July, his defense attempted to permanently stall proceedings by presenting a medical evaluation claiming the former general did not have the mental capacity to stand trial. Given the fact that he was heavily sedated during the examination, the court dismissed the report and ordered him to undergo a full medical review by state-appointed specialists. The new review came to similar conclusions, stating that Montt has vascular dementia in addition to various other physical ailments. While Montt's defense attempted to use this new review as a reason to dismiss the case, the prosecution requested he be appointed a legal advocate in order for the retrial to continue.

#Genocide retrial set for January 11, 2016. More delays for survivors & victims #SiHuboGenocidio

— NISGUA (@NISGUA_Guate) August 25, 2015

This retrial, scheduled to begin on January 11, 2016, will take place behind closed doors, excluding the press and international and national observers. The court stated that the victims would be allowed to attend, but did not outline who is considered to be a victim in a case that involves the murder of 1,771 people in 15 massacres. Given the circumstances, this special retrial cannot result in a verdict that includes prison time; instead, if Montt is found guilty, he will likely be detained in a psychiatric facility. 

In a decision disputed by both the defense and the prosecution, the judges refused to separate the cases of Ríos Montt and former head of military intelligence Rodríguez Sánchez, and instead, ruled that the men will continue to be tried for genocide and crimes against humanity together.

As this process drags on in a national justice system plagued with rampant impunity and corruption, NISGUA continues to stand with the victims and survivors in upholding the 2013 condemnatory sentence against a mentally-fit Ríos Montt. We honor the testimonies that led to the conviction and dignify the men and women who tirelessly continue to fight for justice.

Survivors call into question INACIF report claiming Ríos Montt too sick to stand trial

On Tuesday, Guatemala's National Forensic Science Institute (INACIF) published a report stating that former general Efraín Ríos Montt is mentally unfit to stand trial. The report was requested by Judge Carol Patricia Flores, the same judge who attempted to annul the genocide trial proceedings on April 18, 2013. 

The former de facto president was convicted on May 10th, 2013 for genocide and crimes against humanity inflicted against the Maya Ixil population during Guatemala's internal armed conflict. The Constitutional Court annulled the conviction ten days later in a controversial ruling many have deemed illegal. The first retrial date set for January 5th, 2015, was suspended before it began when Ríos Montt's defense successful recused the lead judge Jeannette Valdés.

Now, the future of the new retrial date, set for July 23, has been thrust into question by the INACIF report. It is up to the High Risk Crimes Court "B" - the three-judge tribunal assigned to hear the case - whether or not to accept INACIF's report that claims Ríos Montt does not have the full use of his mental faculties, is not capable of understanding the charges against him, and is unfit to stand trial.

In a July 8 statement, the Association for Justice and Reconciliation (AJR) and the Center for Human Rights Legal Action (CALDH) call into question the validity of the report and point to violations of due process. Specifically, the organizations state that Judge Carol Patricia Flores' court does not have the judicial authority to request a report from INACIF regarding this case. 

Flores temporarily brought the genocide trial to a halt in 2013 after she ruled to annul all proceedings after November 23, 2011, including her own January 2012 decision to formally indict Ríos Montt on charges of genocide. The Constitutional Court later overturned Flores' decision, ruling that she did not have the authority to make a decision on a case that had moved on to another court.

The obstruction tactics Flores' employed in favor the defense raised some serious alarm bells for judicial impartiality back in 2013. Now, her name has surfaced as a person of interest in an investigation led by the UN-backed International Commission Against Impunity (CIGIG) into corrupt judges. It was recommended that her judicial immunity be revoked so she could be investigated for illegal enrichment - essentially, taking bribes.

The AJR and CALDH also question the impartiality of the INACIF report, pointing to section 9.6 which states: "It is not necessary to carry out further evaluations, which would only cause a greater stress upon the life of the person being evaluated." 

Below is a section of the press release from the AJR and CALDH.

"The process is in the hands of the Sentencing Tribunal of High-Risk Crimes 'B' and that is the competent court to hear everything related to the case. It was this court that ruled to open the trial again on July 23, and as such, we believe the trial will continue. Once again, survivors will show that in Guatemala, there was genocide.

Both the witnesses and the victims of genocide are ready to participate in a new trial when the Guatemalan justice system shows itself capable of respecting judicial independence. The process needs to be carried out according to the law, without allowing the judicial bodies who carry out the process to succumb to the pressure of sectors interested in keeping the serious human rights violations of the past in impunity. 

There already exists a condemnatory sentence for genocide and crimes against humanity, which was never annulled. It continues to be valid. This sentence reflects the truth of the Ixil people and proof that in Guatemala, genocide - a crime that holds international transcendence and is an affront to the dignity of all of humanity - happened. The State has an obligation to carry out a trial. 

Once more,
#WeWillProveIt #YesThereWasGenocide
#‎VamosaDemostrarlo‬ ‪#‎SIHUBOGENOCIDIO‬
Guatemala July 8, 2015

Interview with members of the Association for Justice and Reconciliation on the genocide retrial and suspension of proceedings

NISGUA sat down with several members of the Association for Justice and Reconciliation (AJR) to ask them how they feel about the genocide retrial and the events of January 5th, when lead Judge Jeannette Valdés was recused from hearing the case and the retrial was suspended. The departure of Judge Valdés means that the trial is suspended with no clear time frame for when the recusal issue will be resolved, leaving the process for justice for genocide once again in legal limbo.

How does the AJR feel about having to repeat the genocide trial despite the fact that a sentence was already given? What does the 2013 sentence mean for survivors?

Anselmo Roldán, AJR President: The AJR's search for justice has been tireless, and one that has taken place over many years. We have made many sacrifices in the name of demanding access to justice in Guatemala. And finally, after so many years, a verdict was reached after we - the victims - told the truth. The sentence was very encouraging and fell in line with all of the investigations that were done, the expert testimonies that were given, and with the recommendations made by the Commission for Historical Clarification (CEH).

For a long time, we stayed silent. It was like having a knot in our throats. We couldn't say anything. But when the trial happened, all of the witnesses told the truth. They talked about the reality they had lived, testifying to what happened during the armed conflict. Any weakness [in the process] rests with the institutions responsible for complying with justice. The failure is there. We know that we told the truth. 

There is already a sentence and for us, it means a lot. We've been put through a lot of run-around, not only by a judicial system that is not doing its job, but by the Guatemalan state. The political position is clear: they will not guarantee our [the survivors and witnesses] lives. They don’t guarantee us anything. They put our lives, the victims’ lives, in danger. But we still uphold the sentence and will continue to keep it alive until another court hears what we suffered and hears us tell the truth. We are ready to repeat the trial again, like we anticipated doing [on January 5th]. 

Julia Cortez, AJR former president and current spokesperson: The sentence doesn't bring back our loved ones, but at least it meant justice for the military high command who killed our loved ones. The trial already took place, but now we have to repeat it. The judges don't see the pain and the profound sadness of the survivors. A verdict was already given and so it is unfortunate that we have to return to trial again.

Juventino Caal, AJR member: This system has made a mockery of us by forcing us to return to this process again just because it doesn't want to ratify what has already been achieved. We are being excluded and obviously, don't feel triumphant, but we have to speak out against all of the corruption and impunity that exists in this country. We know that in Guatemala genocide took place. The whole world knows it, but the truth has been denied. But we haven't lost hope that we will win this process in the name of justice. This search for justice doesn't only benefit the victims and families but also benefits the youth and future generations that are still to come.

If we aren't able to convict the [intellectual] author of genocide in this country, we run the risk of repeating our history. We want to ensure that we never again experience the war we lived through.

How do you feel about what happened in the courtroom on January 5th?

Anselmo Roldán: In the morning, it seemed that the judges wanted to act impartially and in favor of justice instead of one group or the other. But in the end that changed. First, the judge said she was going to find the recusal [put forward by the defense] without merit, but afterwards, she ruled in favor. It's possible the court received threats. We don't know. 

We see the show that General Rios Montt put on, acting as though he were gravely ill, as a well-planned strategy. When the trial opened a year ago, he was very strong. It was only after he was convicted and sentenced to 80 years in prison that he started to show weakness. We don't believe that he became that sick, but instead that it is a lie meant to confuse the people of Guatemala and the international community. 

Do you have a message for the international community? 

Anselmo Roldán: Guatemala has the responsibility to comply with all of the international agreements that it is a signatory to especially as it relates to access to justice and the genocide case. We know that Guatemala won't comply with these laws without pressure from international institutions and embassies. We call on the international community to pressure the Guatemalan government to comply with these agreements.

Juventino Caal: I am very thankful for international accompaniment so that people realize we are not alone. I hope that there is more presence, more accompaniment, to observe this process. We are going to show the world that it is not only Guatemala bringing forward this process, but that many other countries are present as well. This support gives us an advantage. 

Julia Cortez: Accompaniment [of survivors] is always important because that is the only way we will know that we are supported. We continue to ask for more support and accompaniment.

Genocide retrial: Recusal of judge leads to suspension of proceedings

"We know that genocide took place. The whole world knows it, but the truth has been denied." Juventino Caal, member of the Association for Justice and Reconciliation (AJR)

Yesterday, a new trial against Jose Efraín Ríos Montt and José Mauricio Rodriguez Sánchez opened in Guatemalan courts and once again the survivors and witnesses were left clamoring for justice. The retrial came after the Constitutional Court annulled the 2013 proceedings, which had resulted in the conviction of Ríos Montt for genocide and crimes against humanity.

"It's unfortunate that we have to return to trial because a sentence was already dictated," said Julia Cortez, representative of the Association for Justice and Reconciliation (AJR).

As predicted, trial proceedings on January 5th provided observers, lawyers and survivors a glimpse into the delay-tactic strategies and, quite possibly, back-room dealings that are overshadowing the possibility of timely and impartial access to justice in Guatemalan national courts.

Now, with all the games they are playing, the justice system has not assumed its responsibility. This demonstrates the weakness of the Guatemalan state. The political position is clear: they will not guarantee our [the survivors and witnesses] lives… they don’t guarantee us anything. They put our lives, the victims’ lives, in danger.  (Anselmo Roldán, President of the AJR) 

The marathon day began with survivors, lawyers and observers arriving as early as 7 am to enter into the small room assigned for the day. Over 100 survivors and their supporters who were unable to get into the courtroom gathered outside the building to listen to a live broadcast amidst banners and posters.

AJR supporters listen outside courtroom to Judge order #RiosMontt to appear or be declared in contempt #EyesOnJan5 pic.twitter.com/KqN6tmyouv
— NISGUA (@NISGUA_Guate) January 5, 2015

When the proceedings began 20 minutes after the appointed 8:30 am start time, a two-hour delay was announced to await the transfer of the case file. Said file was still with the Appeals Court charged with deciding amnesty. After resuming again at 11 am, the President of the three-judge tribunal decided that Ríos Montt, so far absent from proceedings, must appear in person. She rejected the medical excuse presented on December 30th and stated he had one hour to appear in court or he would be held in contempt. Court was adjourned until 1 pm. The former head of state was finally wheeled into the courtroom on a gurney amid a voracious crowd of journalists lined up six deep at the front of the courtroom.

Montt was situated on the prosecution’s side of the gallery due to the need to accommodate the gurney. Judge Jeannette Valdés moved immediately to rule on the defense’s motion calling for her recusal. Analysts have asked why the judge did not address the issue of Ríos Montt’s health. The accused former general, who was wearing cataract sunglasses and was strapped to a gurney, was not asked to indicate his presence in the court and indeed showed no signs of being conscious.

The defense argument centered on a thesis written by the lead judge in 2004 on the legal application of the crime of genocide.

Valdés initially rejected the recusal on grounds that the thesis did not make her partial, rather it was an academic study that focused on doctrine and the application of the law. She also pointed to the late filing of the motion by the defense as an intentional stall tactic, highlighting that the tribunal and her participation in it has been public knowledge since June 2013. However, the two other judges on the tribunal - Judges Sara Yoc Yoc and Judge Maria Eugenia Castellanos – voted in favor of Valdés’ recusal. Further court dates remain to be seen as all proceedings are stalled until a new judge is named. There is no legal consensus on the timeline for the formation of a new tribunal.

"We thought that the process was going well," said AJR President Anselmo Roldán. "It seemed that in the beginning, the judges wanted to act impartially and in favor of justice… But we also saw their weakness… and maybe they received threats, we don’t know."

With Judge Valdez accepting the recusal, #genocide retrial suspended until another tribunal can be formed. #EyesOnJan5
— NISGUA (@NISGUA_Guate) January 5, 2015

The survivors and witnesses represented by the Association for Justice and Reconciliation are disappointed that the Constitutional Court did not respect the first genocide verdict and sentence. However, they remain committed to the legal processes in national courts. As a testament to their ongoing sacrifices in the search for justice and dignity for their loved ones, a flood of AJR survivors and supporters traveled from points throughout the country to bear witness to the proceedings in the gallery and outside the courthouse.

"We have been denied [justice] many times, but we have not lost hope…We are grateful for international accompaniment so people realize we are not alone." Juventino Caal, AJR

You can show your support for the AJR in this difficult and uncertain time by reading our solidarity statement and taking a photo of yourself holding up a sign that reads "Justice for Genocide: We are still with you!" Stay tuned for up to date coverage on the proceedings in the genocide case through our twitter account: NISGUA_Guate.

The Countdown to January 5th, 2015: Genocide retrial on course, but questions remain

“The thousands and thousands of victims will never abandon this struggle. We have to see it through. There are multitudes of victims by my side demanding that I speak out for justice and so I am going to speak out. In no moment will this [struggle] be abandoned. We have already made huge strides… I thank the people from other countries that are here surrounding us. I thank them. We are not alone because there are people that are supporting us.”  - Woman survivor and member of the AJR

Nearly 19 months have passed since the initial conviction and subsequent annulment of the trial proceedings that had resulted in a guilty verdict against Efraín Ríos Montt for genocide and crimes against humanity. During this time, the Association for Justice and Reconciliation (AJR) and their legal team at the Center for Human Rights Legal Action (CALDH) have worked tirelessly to strike down the numerous legal obstacles launched by Montt's defense in order to avoid the retrial, scheduled to begin January 5th, 2015. 

Yesterday, less than three weeks from the programmed start of the retrial, the Constitutional Court resolved that the legal process should not be set back to November 2011. This issue was one of the most significant outstanding obstacles to a January 5th retrial start. Last-ditch efforts by the defense, as well as behind-the-scenes political maneuvers by the economic elite have plagued this process from the beginning. Now, the defense team is welcoming the January 5th retrial, causing concern that the goal of the new trial is to cement impunity rather than truly seek justice. Likewise, the retrial is set to take place after a year of questionable judicial nominations that many postulate have solidified impunity in the courts. Finally, a decision on amnesty for Ríos Montt is still pending in national courts. 

If the legal twists and turns have you confused, rest assured that you are not alone; the confusion is intentional. The complicated and convoluted legal web created by the defense is a tactic put in place ever since the lead-up to the 2013 genocide trial. In lieu of an actual legal strategy, the defense used dilatory tactics and political grandstanding to try to stall the process, exhaust the victims and ultimately maintain impunity. Important questions for the first day of the retrial: If these obstructionist tactics do not continue, is there something else at play? Is this new trial intended to permanently deny the victims justice in national courts?

Throughout the lengthy legal processes within a Guatemalan justice system seemingly unable to find a clear path towards justice, the AJR and their supporters uphold the 2013 genocide verdict and sentence as valid. From a legal standpoint, CALDH has highlighted that the verdict and sentence were emitted by a legitimate Guatemalan tribunal through due process and carried out according to rule of law. In addition, the steps required to annul the sentence were never undertaken by the defense, and as such, the sentence has legal as well as moral standing.

The AJR and CALDH will participate in this new trial, and we will stand with them. To show your ongoing support of their work, we ask that you pause a moment during this holiday season to take a photo with your loved ones and show your commitment to stand with the AJR and the survivors of genocide in Guatemala. If you participated in our photo campaign during the genocide trial, we encourage you to renew your commitment by adding the message “SEGUIMOS CON USTEDES” / “WE ARE STILL WITH YOU” and encourage your friends and family to take the photo.

In the lead up to a new trial, we have compiled a timeline of key legal events in the ongoing search for justice. We will update this timeline as new information becomes available.

March 19, 2013 – Trial opens in Guatemala City against former General Efraín Ríos Montt and former head of military intelligence, José Mauricio Rodríguez Sánchez. Both are charged with genocide and crimes against humanity for massacres that took place between March 1982 and October 1983 during the de facto government of Ríos Montt. The foundations for this case date back to the genocide charges originally filed in 2001 by the Association for Justice and Reconciliation (AJR) with support from the Center for Human Rights Legal Action (CALDH).

April 18, 2013 – After 20 days of testimony, High Risk Crimes Court Judge Carol Patricia Flores rules that the proceedings should be annulled and the case returned to November 23rd, 2011, before Ríos Montt was indicted. The Flores hearing was ostensibly based on a dispute regarding the acceptance of defense evidence, an issue that was eventually resolved. However, Flores added a separate issue into this proceeding, arguing that in order to restore constitutional rights to CALDH, the proceedings should be regressed to November 23, 2011 and the process returned to her jurisdiction. The ruling is based on a legal process rooted in a recusal originally requested by defense counsel and later appealed by CALDH. 

This appeal was the central issue the Constitutional Court finally resolved on December 18, 2014. A ruling in favor of the defense would have set Ríos Montt free, as he was not charged with the crimes in 2011.

April 19, 2013 –Judge Yassmín Barrios’ response to the Flores decision is that she will not obey “an illegal order” and as such, the April 18 decision will not stop the trial. However, Judge Barrios temporarily suspends the hearings to address other injunctions submitted by the defense.

April 30, 2013 – The trial resumes after nearly two weeks of suspension. 

May 10, 2013 – Efraín Ríos Montt is found guilty of genocide and crimes against humanity and sentenced to 80 years in prison. The court ratified all the elements of genocide described by witness and expert testimony, concluding that Ríos Montt had both command authority and "full knowledge of what was happening and did nothing to stop it."

May 20, 2013 – Guatemala's Constitutional Court overturns the genocide sentence based on legal challenges filed by the defense team, claiming technical errors in the trial process. The ruling annuls all testimony given from April 19th onward. 

October 2013 – The Constitutional Court orders a lower court to provide a legal foundation for their prior ruling against amnesty. Human rights groups fear this opens the door to amnesty for war crimes. The Court justifies this move by arguing that due process was not respected in a lower court's decision rejecting the application of wartime amnesty Decree 8-86. The decree was passed during de facto government of Oscar Humberto Mejía Víctores and mandated a blanket amnesty for all crimes committed between March 23, 1983 and January 14, 1986. The prosecution appeals by citing national and international laws that clearly invalidate the 1986 “auto-amnesty” decree. 

The question of amnesty for Ríos Montt, which was launched in 2012, remains unresolved. The issue has been pending since the CC returned the matter to the Appeals Courts. An astonishing 61 judges have recused themselves from making the decision. A ruling in favor of amnesty would have wide-reaching consequences for the genocide cases, as well as other cases seeking justice in national courts for crimes during the internal armed conflict.

This same month, Sentencing Tribunal “B” affirms that it has jurisdiction to retry the case and sets a new court date for January 5th, 2015; however, the defense continues to fight for High Risk Crimes Judge “A” (Carol Patricia Flores) to have jurisdiction over the case.

December 31, 2013 – An Appeals Court upholds Judge Flores' April 18th, 2013 ruling to annul the trial and set the process back to November 2011. One of the judges from this same appeals court will be part of the tribunal that decides on amnesty. The prosecution appeals the decision to support Flores’ ruling, sending it to the Constitutional Court for a final ruling.

March 26, 2014 – The Constitutional Court (CC) hears arguments regarding the April 18th, 2013 decision to regress the trial to November 2011. 

December 10, 2014 – The Constitutional Court asks for the case file regarding the April 18th decision. The request causes concern, given arguments as to whether or not to restore Judge Flores’ jurisdiction were already heard in March. 

December 18, 2014 – The Constitutional Court rejects Flores’ April 18th ruling to regress the case back to November 23rd, 2011. This long-awaited ruling means that one of the remaining obstacles preventing a retrial has finally been resolved, and a January 5th genocide case retrial seems likely.

 

December 23 - The Appeals Court tribunal to decide on amnesty for Ríos Montt, an appeal originally filed in 2012, finally forms after 61 judges recused themselves. The five-days granted to the tribunal to issue a ruling has come and gone and there is still no decision on amnesty.

The week before the re-trial date - Luis Rosales, lawyer for Ríos Montt, requests the recusal of Jeannette Valdés, lead judge on the Sentencing Tribunal “B”, based on a thesis she wrote on genocide more than ten years ago. Rosales also requests the recusal of Judge Edith Perez, one of the Appeals Court judges on the newly formed tribunal to decide amnesty. The decision to accept or reject a recusal request rests with the judge, although the ruling can be appealed.

President Otto Pérez Molina speaks out in favor of amnesty stating, “Remember, there is a Reconciliation Law that basically sets out amnesty... It is the courts that should rule [to grant amnesty] and we hope that is what will happen.” Molina also reacts negatively to the recently announced restrictions on US military funding to Guatemala, which are directly linked to advances in human rights and on the investigation and prosecution of current and retired military personnel stating, “We are advancing without needing the United States to tell us what we should do. We have sovereignty to make decisions.”

January 2, 2015 - The defense presents the Sentencing Tribunal a medical excuse claiming Ríos Montt is not physically able to stand trial due to a battery of health issues. This motion, along with the request to recuse Judge Jeannette Valdés will likely be heard during the opening of the re-trial on Monday, January 5^th.

January 5, 2015 -  The genocide retrial begins as scheduled, although without the presence of Ríos Montt or the case file. The proceedings are dismissed for two hours shortly thereafter, to allow time for the file to be transferred from the Appeals Court to the trial gallery. At 11 am, Judge Jeannette Valdés orders Ríos Montt to appear in the courtroom, dismissing the medical excuse presented on January 2nd.

The former head of state arrives in court on a gurney and the hearing reconvenes at 1 pm.

Judge Valdés initially rejects Ríos Montt’s request for her recusal but is forced to reverse her decision when the two other judges on the tribunal vote to uphold the motion to recuse. The trial is suspended indefinitely. As of today, there is no deadline for naming the new judge and, once again, no clear path towards advancing justice for the victims and survivors.

January 13, 2015 - The hearing in which Judge Flores should officially reverse her decision on setting the case back to 2011 in accordance with the December 18th Constitutional Court ruling is suspended due to the absence of Ríos Montt. His lawyers argue that the former general is too sick to appear in court and accuse Flores of violating his right to defense. Judge Flores orders the National Institute of Forensics Science (INACIF) to examine and evaluate Ríos Montt state of health. A new hearing date has not been set. 

For up-to-date news, like us on Facebook and follow us on twitter @NISGUA_Guate  #EyesOnJan5

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.

Guatemalan organization express their solidarity with Yassmín Barrios

OUR SUPPORT FOR THE DIGNITY AND PROFESSIONALISM of HONORABLE JUDGE YASSMÍN BARRIOS

To the people of Guatemala and to the international community, we express our total indignation of the decision emitted by the ethics tribunal of the Guatemalan Bar Association that attempts to penalize Judge Yassmín Barrios Aguilar.

The Political Constitution of the Republic of Guatemala establishes in Article 203 that "The magistrates and judges are independent in carrying out his or her duties and are subject only to the Constitution of the Republic and the Law..." In the same article it indicates that: "No other authority can intervene in the administration of justice." We thus believe that the above-mentioned decision [of the Bar Association] goes against the Constitutional principles and puts the Guatemalan justice system at great risk.

By ignoring the principle of judicial independence and condemning a judge for exercising her constitutional duty, one of the fundamental pillars of the Rule of Law is made vulnerable.

Guatemala bore witness that during the trial for genocide and crimes against humanity, Judge Yassmín Barrios Aguilar was respectful of the law, despite the constant instances of disrespect and threats publicly expressed against her. Newspaper, television and radio publications provide evidence of who lacked respect and ethics, not only for the court and its presiding judge, but also for the people of the Republic of Guatemala, to whom justice is rendered.

We express our solidarity and recognition of Judge Yassmín Barrios Aguilar for her exemplary service to the Guatemalan justice system, as well as her long trajectory and hard work in defense of judicial independence.

We call on all judges to not give in to the intimidations, pressures and persecutions from sectors which, feeling powerful, want their actions to remain in impunity, and therefore seek the complicity of institutions that should be at the service of the nation and not [at the service of] perverse interests. 

The victims and survivors of genocide urge lawyers, professionals and the general public to speak out against this resolution.

Guatemala, April 7, 2014.

Association for Justice and Reconciliation - AJR, Association for the Integral Development of the Victims of Violence in the Vera Paz Provinces, Maya-Achí -ADIVIMA, Families of the Detained and Disappeared of Guatemala - FAMDEGUA, Truth and Justice Association - AVEJA, Truth and Life Association, Sanjuaneras Women's Association - AGIMS, Maya Lawyers Association of Guatemala, Departmental Association of Youth from Sololá -KAJI B'ATZ', Political Association of Maya Women - MOLOJ, Human Rights Law Office of Guatemala, Center for Forensic Anthropology and Applied Sciences - CAFCA, International Center for Human Rights Research - CIIDH, Center for Environmental and Social Legal Action - CALAS, Center for Human Rights Legal Action - CALDH, Collective Artesana, Campesino Unity Committee - CUC, National Coordination of Widows - CONAVIGUA, Genocide Never Again Coalition, National Convergence Maya Waqib'Kej, Religious Confederation of Guatemala - CONFREGUA, Christian Women's Council, Community Studies and Psychosocial Action Team - ECAP, Amancio Villatorio Foundation, Guilermo Toriello Foundation, Rigoberta Menchú Tum Foundation, HIJOS Guatemala, Guatemalan Institute of Comparative Penal Studies - ICCPG, DEMOS Institute, Monseñor Gerardi Movement, Maya Youth Movement - MOJOMAYAS, Women Transforming the World, Security and Democracy - SEDEM, The Human Rights Defenders Protection Unit - UDEFEGUA, National Guatemalan Women's Union - UNAMG

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. 

Survivors submit complaint against Guatemalan state for denial of justice in genocide case

Genocide survivors submit a complaint before the Inter-American Commission on
Human Rights in Washington DC on November 6, 2013. Photo: AJR

INTERNATIONAL COMPLAINT AGAINST THE GUATEMALAN STATE FOR DENIAL OF JUSTICE IN THE GENOCIDE CASE


Washington D.C., November 6, 2013 - Today, survivors of the Guatemalan genocide, along with civil society organizations, filed a complaint in the Inter-American Commission on Human Rights (IACHR) against the Guatemalan state for the continued impunity  for grave human rights violations committed against the Ixil people. The complaint is based in the violation of the American Convention on Human Rights and other international human rights treaties.

In the complaint, organizations declare that the Guatemalan state has failed to fulfill its obligation to guarantee victims their right to  justice, given that after more than 30 years no one has been held responsible for the human rights violations suffered by thousands of victims.

Thus, the state is complicit, as according to the Inter-American Court on Human Rights, "impunity creates conditions for continued human rights violations and the defenselessness of victims and their families."


Events reported to the IACHR, in relation to the case for the genocide committed against the Maya Ixil ethnic group, include more than 60 massacres and attacks by Guatemalan army soldiers that resulted in the murder of approximately 1,771 victims, as well as countless victims of forced disappearance, sexual violence, torture and forced displacement.


In addition, the groups denounced the deficiencies and irregularities in the resolutions emitted by authorities in the ongoing legal process against former army generals Efraín Ríos Montt and Mauricio Rodríguez Sánchez. Examples given include: the lack of access the Defense Ministry's archives; judicial authorities' tolerance of abusive filing of injunctions, including those that are unconstitutional, and unnecessary delays in resolutions; the lack of legal basis and arbitrary nature of provisional injunction resolutions; the excessive length of the criminal process; attacks against judicial independence and the lack of protection for participants in the process.


In particular, the organizations highlighted irregularities characterized by the resolution emitted by three Constitutional Court judges on May 20, 2013, by which the process against the said former generals was annulled.


Given this situation, we the petitioners consider ourselves obligated to turn to the IACHR in the hope that the regional system for the protection of human rights can speed the processing of the complaint and assure international protection for victims in the shortest time period possible. Therefore, we ask the Commission to accept this complaint.


Resorting to the international justice system is a right enshrined in international treaties and in the Republic of Guatemala's Constitution. Thus, we turn to the Inter-American System of Human Rights Protection in order that the Guatemalan state fulfills its international obligations to uphold human rights. While impunity continues to exist, there will not be respect for human rights or full democracy in Guatemala.


For the right to a just country!
Association for Justice and Reconciliation - AJR

Center for Human Rights Legal Action - CALDH
Center for Justice and International Law - CEJIL

Guatemala's Human Rights Law Firm - BDH

Sobrevivientes entregan denuncia contra el estado de Guatemala por denegación de justicia en el caso de genocidio

 DENUNCIA INTERNACIONAL CONTRA ESTADO DE GUATEMALA
POR DENEGACION DE JUSTICIA EN EL CASO DE GENOCICIO

Washington D.C. 06 de noviembre 2013.- Víctimas sobrevivientes del genocidio en Guatemala y organizaciones sociales, interpusieron hoy, ante la Comisión Interamericana de Derechos Humanos (CIDH), una denuncia contra el Estado de Guatemala por la impunidad que persiste de las graves violaciones a los derechos humanos cometidas en perjuicio del pueblo ixil. La denuncia se fundamenta en la violación de la Convención Americana sobre Derechos Humanos y de otros tratados internacionales de derechos humanos.

En la denuncia, las organizaciones afirmaron que el Estado de Guatemala ha incumplido con la obligación de garantizar a las víctimas su derecho a acceder a la justicia ya que por más de 30 años no se ha juzgado a ninguno de los responsables de las violaciones sufridas por miles de víctimas.

Tal conducta compromete la responsabilidad del Estado ya que según lo ha establecido la Corte Interamericana de Derechos Humanos “la impunidad propicia la repetición crónica de las violaciones de derechos humanos y la total indefensión de las víctimas y de sus familiares”.

Algunos de los hechos que fueron denunciados ante la CIDH, en relación con el caso de genocidio cometido en contra del grupo étnico maya Ixil, consisten en más de 60 masacres y ataques de miembros del ejército guatemalteco que dejaron como saldo aproximadamente 1771 víctimas asesinadas, así como numerosas víctimas de desaparición forzada, violencia sexual, tortura y desplazamiento forzado.

Además, en relación con el proceso que se siguió en contra de los ex generales Efraín Ríos Montt y Mauricio Rodríguez Sánchez, se denunciaron las deficiencias e irregularidades de las resoluciones emitidas por las autoridades en el proceso penal, como por ejemplo: la falta de acceso a los archivos del Ministerio de la Defensa; tolerancia de las autoridades judiciales frente al abuso de acciones de amparo y de inconstitucionalidad y dilaciones indebidas en su resolución; la falta de fundamentación y arbitrariedad de las resoluciones de amparo provisional; la duración excesiva del proceso penal; los ataques a la independencia judicial y la falta de protección a los participantes en el proceso.

En particular, se destacaron ante la CIDH las irregularidades que caracterizaron la resolución de fecha 20 de mayo de 2013 dictada por tres miembros de la Corte de Constitucionalidad mediante la cual se anuló el proceso seguido contra los citados militares.

Ante todo lo anterior, los peticionarios nos hemos visto obligados a acudir ante la Comisión Interamericana de los Derechos Humanos, con la esperanza de que el sistema regional de protección de los derechos humanos agilice el trámite de la petición y asegure la protección internacional de las víctimas en el menor plazo posible. Por lo que pedimos a la Comisión la admisibilidad de la presente denuncia.

Acudir a la justicia internacional es un derecho consagrado en los tratados internacionales y en la Constitución Política de la República de Guatemala, por lo que acudimos al Sistema Interamericano de Protección de Derechos Humanos con el fin de que el Estado cumpla con sus obligaciones internacionales en materia de derechos humanos. Mientras haya impunidad no habrá respeto a los derechos humanos en Guatemala ni democracia plena.

¡Por el derecho a un país justo!

Asociación para la Justicia y Reconciliación - AJR
Centro para la Acción Legal en Derechos Humanos – CALDH
Centro por la Justicia y el Derecho Internacional - CEJIL
Bufete Jurídico por los Derechos Humanos - BDH

"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.

Comunicado: Amnistía no es aplicable a delitos de genocidio y delitos de lesa humanidad

El día de hoy, la Prensa Libre publicó un articulo declarando que "Ríos Montt se acerca a amnistía, según Corte de Constitucionalidad". El Centro para la Acción Legal en Derechos Humanos responde a la nota de prensa con el siguiente comunicado.

AMNISTÍA NO ES APLICABLE A DELITOS DE GENOCIDIO Y
  DELITOS DE LESA HUMANIDAD

La publicación de una nota de prensa en un medio de comunicación escrito, respecto a una supuesta resolución de la Corte de Constitucionalidad, nuevamente sorprende al pueblo de Guatemala, por ser un intento de justificar una posible amnistía para José Efraín Ríos Montt, quien ya fue condenado por genocidio y delitos contra los deberes de humanidad que NO SON AMNISTIABLES.

El Artículo 8 de la Ley de Reconciliación Nacional de 1996 en la cual se prevé la amnistía respecto de delitos políticos cometidos durante el conflicto armado interno, limita el alcance de la amnistía de la siguiente manera: “La extinción de la responsabilidad penal a que se refiere esta ley, no será aplicable a los delitos de genocidio, tortura y desaparición forzada, así como aquellos delitos que sean imprescriptibles o que no admitan la extinción de responsabilidad penal, de conformidad con el derecho interno o los tratados internacionales ratificados por Guatemala”.

La Constitución Política y las obligaciones que derivan del derecho internacional indican que son inadmisibles y no pueden quedar en la impunidad los hechos cometidos en violación al derecho internacional de los derechos humanos y el derecho humanitario.

El Estado de Guatemala ha sido condenado internacionalmente por no investigar, juzgar y sancionar a las personas que hubieren cometido actos de tortura, ejecuciones extrajudiciales, desaparición forzada, violación sexual y otras graves violaciones al derecho internacional humanitario y de los derechos humanos.

Por lo que en ningún caso las conductas cometidas por las personas acusadas por delitos de Genocidio, Tortura, Violación Sexual, Desaparición Forzada y Delitos contra Deberes de Humanidad cometidos durante el conflicto armado interno pueden ser objeto de la aplicación de amnistía, prescripción o extinción de la responsabilidad penal

Según Prensa Libre, la supuesta resolución ordena a la Jueza de Mayor Riesgo “A”, FUNDAMENTAR lo relativo al decreto 8-86, aspecto sobre el cual la Jueza Carol Patricia ya se pronunció en el caso contra Héctor Mario López Fuentes, argumentando que: “si bien se demostró la existencia del decreto ley 8-86… no se debe olvidar que el contenido del artículo 46 de la Constitución Política de la República de Guatemala, en cuanto que se establece el principio general de que en materia de derechos humanos los tratados y convenciones aceptados y ratificados por Guatemala, tienen preeminencia sobre el derecho interno… los tipos de delitos por los que se ligó a proceso a los sindicados, son perseguidos universalmente.”

Ni las víctimas ni los querellantes del caso han sido notificados de dicha resolución, por lo que es extraño e inexplicable que la Corte de Constitucionalidad de a conocer resoluciones exclusivamente a un medio y no a las partes interesadas, al resto de medios y al pueblo de Guatemala en general.

Consideramos que puede haber una interpretación errónea de la información, que produce efectos nefastos al sistema de justicia,  ya que el mismo secretario de la Corte de Constitucionalidad, el día de hoy en declaración pública a  la radiodifusora  Emisoras Unidas, aclaró que la CC no está aplicando amnistía, sino que se le pide a la Jueza de Mayor Riesgo A que fundamente respecto al decreto 8-86.

Pedimos a la Comunidad Internacional observar el cumplimiento de las obligaciones internacionales que tiene el Estado en materia de derechos humanos y derecho humanitario para que los actos de barbarie cometidos en contra de la población civil no combatiente no sean amnistiados.

A la sociedad guatemalteca solicitamos estar alertas con las posibles maniobras de la CC. Asimismo, promover que todas las personas sean juzgadas de forma pronta y cumplida con apego y respeto a lo establecido en la Constitución Política de la República y el derecho internacional para que los hechos delictivos de cualquier naturaleza no queden impunes.

Solicitamos al Procurador de los Derechos Humanos observar las actuaciones de la Corte de Constitucionalidad para que se garantice el cumplimiento de las obligaciones internacionales del Estado en materia de Derechos Humanos.

Las víctimas del genocidio y el pueblo de Guatemala nos preguntamos ¿Si esta información responde a intereses y estructuras que han manifestado públicamente su intención de que los casos queden en la impunidad? La manera en que la CC ha venido resolviendo en torno al caso por genocidio contra Ríos Montt, ha dejado en evidencia que existen magistrados que siguen allanando el camino a la impunidad.

YA SE PROBÓ, SÍ HUBO GENOCIDIO
ACALLEMOS LAS VOCES DE LA IMPUNIDAD

¡Centro para la Acción Legal en Derechos Humanos!
Guatemala, 23 de octubre 2013.

On June 30, the March for Memory proclaimed: "I am also a victim of genocide"

In Guatemala City, hundreds celebrated the Day of Heroes and Martyrs on June 30, in lieu of the perennial national holiday known as Army Day. Since 1999, groups of urban activists have chosen to commemorate those killed in the internal armed conflict, rather than the army, on this day. In the name of those killed, hundreds gather in Guatemala City's Zone 1 and march through the city center, making key stops along the way to remember loved ones. In addition, the march showed solidarity and support for the genocide trial and this year proclaimed: "I am also a victim of genocide". Read our translation of the full statement by HIJOS - Hijos e Hijas por la Identidad y la Justicia contra el Olvido y el Silencio (Sons and Daughters for Identity and Justice and Against Forgetting and Silence) below.

The March for Memory enters Guatemala City's central park. Photo: NISGUA

CALDH and the AJR present the March for Memory with a
copy of the historic genocide sentence. Photo: NISGUA

I am also a victim of genocide

Dictionaries define genocide as the extermination or systematic elimination of a social group based on race, ethnicity, religion, political affiliation or nationality. Its etymology is attributed to Greek, while other linguists attribute it to Latin, nevertheless, all linguists agree in one way or another that genocide is the extermination of one's origin.

Why would one group want to exterminate another? Why would a group or any human collective want to destroy the origin of another? Marta Casaús defines racism as, “The generalized and definitive appreciation of differences - biological or cultural, real or imaginary, benefitting one group at the expense of the other. These attitudes can manifest themselves as behaviors, imagery, racist practices or ideologies which expand to the entire social sphere forming part of the collective imagination.”

Along these lines, genocide is no more than a group's last resort to submit another, to impose their way of seeing, thinking or feeling, in favor of their economic interest. Genocide is a type of fear, to destroy one form of being in favor of the economic and political hegemony.

What we know today as the republic of Guatemala is a territory consisting of distinct peoples and communities which originated in times before our era, peoples whose origin is before the invasion and subsequent colonization in 1524. Peoples who have maintained their own forms and ways of seeing and understanding the world. With colonization, these peoples were assassinated, persecuted and concentrated with the goal of submitting them and imposing them to the colonist way and to take all the political and economic profit to the benefit of the colonizer.

Despite the attempts of annihilation, persecution and submission, the people of Guatemala have maintained economic, political and cultural resistances to the invader, configuring new identities, rebuilding time and again the physical and cultural origin that the colonist destroyed.

By way of fire and blood, the criollo and patriarchal powers have implemented genocide, as the maximum expression of their impotence in the face of the resistance of those that are different. Genocide is not only implemented through killing members of a group, it also creates the conditions for the full or partial disappearance of the group. Genocide is the dispossession of lands, imposition of megaprojects, closing spaces for expression of one's own cultural forms, as well as cultural destruction itself. Genocide is implemented through the creation of these mechanisms so that in one form or another the other group is submitted to the point that the group perpetrating the domination disappears or absorbs them.

Today's violence derives from and is related to the violence of yesterday, to the different genocides. The powerful have not been able to resolve the causes that provoke the outbreak of resistances to their impositions. One example of this are gangs, who inhabit territories their grandparents, fathers, mothers, uncles, or other people close to them, have had to occupy for having suffered genocidal policies in a direct way, having been displaced from their communities during the war, before they were even born. The concentrated areas in which they were relocated demonstrate the government and economic powers' continued and ongoing incapacity to resolve resistance to its genocidal policies. They live in settlements lacking access to basic services, education, culture, history and memory, expressing the violence to which they have been submitted in society.

The genocidaires today complain about the society they created. Those who planned, financed and executed the genocide (and not only in the 1980s), those who rearranged territories, destroyed cultures and ways, usurped memories and histories, invented subjectivities and imposed false nationalist symbols, today return the responsibility of misery, fear, impunity, violence and insecurity to the people. The same people who call us a terrorist today, once called us animals without a soul and gave us the title of communist to justify their barbarity, today they march in white through a society that they created.

My name is Ana, Hugo, Ricardo, Erick, Silvia, María, Jacinto, Jan, Pilar, Cecilia, Jacobo. I'm 17, 19, 20, 25, 29, 37 years old and I'm a victim of genocide, for those who are no longer with us, for those who we miss, for poverty, the silence, the fear, the impunity, for injustice, for the closing of space, because time and again they attempt to destroy my origin, my identity, but also because time and again I recast my origin, recreate my identity, I resist; I will not keep silent. Today we have a sentence for genocide that a constitutional tribunal emitted after hearing the testimony of almost one hundred witnesses, a sentence that the Constitutional Court annulled, basking in impunity, but every day in the peoples' voices legitimize that despite the continued genocidal policies, we continue we continue to live. We continue to create and recreate our cultures and memories, making history.

We are all the sons and daughters of the same history
Neither Forgiveness, Nor Forget
HIJOS Guatemala, June 2013

Hundreds accompany the Ixil people on their Day of Dignity

Several hundred traveled from Guatemala City to Nebaj on June 21-22 with the
"Caravan for the Dignity of the Ixil People and Against Genocide". Photo: NISGUA

Ixil authorities welcome organizations to Nebaj. Photo: NISGUA

Each year on June 22, the Ixil people remember their martyrs and heroes. The day commemorates seven principal Ixil leaders who rose up in resistance and called for the dignity of their people in the face of forced labor under the Jorge Ubico dictatorship. On the morning of June 22, 1936, military troops arrived from Santa Cruz Quiché and Sacapulas to squash the resistance and soldiers shot and killed the seven Ixil leaders. The Ixil people have reclaimed June 22 as their Day of Dignity. For a more detailed account of the 1936 rebellion and massacre, see this article (in Spanish).

This year, in mark of the historic verdict for the Ixil people in the genocide case, a caravan of activists and supporters traveled from Guatemala City to Nebaj to celebrate the Day of Dignity and commemorate the seven massacred leaders with the Ixil people. In a moving demonstration of the lasting importance of the genocide sentence, regardless of the trial annulment, the Center for Human Rights Legal Action and the Association for Justice and Reconciliation presented Ixil leaders with three bound copies of the genocide sentence for the people of Nebaj, Chajul and Cotzal.

CALDH and the AJR present the genocide sentence in Nebaj.
Foreground sign "To tell the truth is not a crime". Photo: NISGUA

Ixil leaders proudly hold the genocide sentence.
Photo: Marcha indígena campesina y popular

Indigenous leaders from all over Guatemala also joined the Day of Dignity activities in solidarity with the Ixil people. In addition, an assembly of indigenous authorities formed in Nebaj to concretely plan activities for August 9, the International Day of Indigenous Peoples. Together, the authorities drafted a declaration based on their meetings. Below we share our translation of the declaration. Read the Spanish version here.

The Ancestral Indigenous Maya and Xinka Authorities of the 48 Communities of Totonicapán, the Mam Nation, the Xinka People, the Pokoman, Kaqchikel, Uspanteko, and Ixil Peoples


We are gathered together in the heart of the Ixil region, specifically in Nebaj, first to commemorate the 1936 uprising of the principal leaders of the Ixil people, of which 7 were shot by the Jorge Ubico dictatorship, and then to share our experiences, our struggles, our resistance and resilience, our joys, our sadness, our laughing, our weeping, our dreams, our frustrations, our past and our future:


WE HAVE AGREED TO CARRY OUT THE FOLLOWING DECLARATION FROM NEBAJ


To reaffirm that we are not the descendants of defeated or subjected people and heroes. Throughout the last five centuries, thousands of uprisings in defense of life and territory have been recorded, such as those of our ancestors Atanasio Tzul, Lucas Akiral, Aj Poop B’atz’, Manuel Tot, and the principal leaders of the Ixil people in 1936, among many others.




To value the struggle, resistance and participation of women, rural farmworkers, students, professionals, people defending their rights, their natural resources and territories in the face of extractive policies such as those in San José El Golfo, San Pedro Ayampuc, Rio Hondo Zacapa, the Chorti People, among others.



To continue the resistance of our people and communities based on our common history, looking towards the future in the construction of the good life in a plurinational, democratic and just state.



To celebrate the International Day of Indigenous Peoples on August 9 of the present year, together with the rest of the Guatemalan people and as peoples with the same past, present and future.



To strengthen our community authorities, our processes of organizing, our thoughts, feelings and community decision-making practices and to act in a collective manner for the satisfaction of our needs and defense of our rights.



To call on all of Guatemala's ancestral indigenous authorities and social organizations that already participate in defense of our rights and territory, as well as the Garífuna people to participate in the celebration on the International Day of Indigenous Peoples, and to support other actions that our peoples' authorities put forward.



We reject all resolutions, attempts, proposals or initiatives that attempt to declare invalid, or try to regulate from a Western viewpoint, the community consultations which have been carried out, are carried out, and will continue to be carried out by our peoples.



We reject any measure stemming from the government which exclude and repudiate our right to decide over the future of our peoples and our country.

"May the dawn break, may the first light arrive, 

may the people have life and useful existence"


Council of Maya Ixil Authorities, Board of Directors of the Communal Mayors of the 48 Communities of Totonicapán, the Council of the Maya Mam Nation, Xinka Parliament, Kaqchikel, Uspanteka and Pokomam Indigenous Authorities, and the National Council of Ancestral Authorities.

Nebaj, waq’ib’ aq’b’al, junab’ jun iq’, jun katún, kajlajuj b’aqtun


Nebaj, June 22, 2013

NISGUA's genocide trial coverage: the complete collection

While we await the next steps of the genocide trial, we are honored to provide an accessible archive of the daily coverage we provided from day 1 of the trial. Please read and share this historic collection.

• Genocide on Trial, Day 1: Ixil witnesses speak
  
• Genocide on Trial, Day 2: Ixil Voices in the Halls of Justice
• Genocide on Trial, Day 3: "...justice for everything we lived through."
• Juan Raymundo Maton: "...they destroyed everything, not just our crops but our culture."
• Genocide on Trial, Days 4 & 5: "This is how my heart feels, thank you for asking me."
• Genocide on Trial, Day 6: "What I came here to share, I felt it in the living flesh, in my bones."
• Genocide on Trial, Day 7: "I am telling this to the eyes and ears of the world."
• Genocide on Trial, Day 8: Women survivors of sexual violence, "Your truth is our truth"
• Genocide on Trial, Day 9: "We were the first ones to fall..."
• Genocide on Trial, Day 10: Expert witnesses testify, “Racism facilitated the extermination of the Ixil...”
• Exclusive Interview with the AJR: "It is our right to demand justice and reveal the truth"
• Genocide on Trial, Day 12: Beatriz Manz, author of "Paradise in Ashes"
• Genocide on Trial, Days 11-14: Forensic experts testify
• Genocide on Trial, Days 13 & 14: Defense experts testify, "There was never intention to commit genocide"
• Genocide on Trial, Days 15 & 16: Experts testify, "The Ixil social fabric was destroyed in the attack against their culture"
• Genocide on Trial, Days 17 & 18: AJR Responds to efforts to delegitimize the trial
• Genocide on Trial, Day 19: Defense delays resting their case; Statements outside courtroom multiply
• Genocide on Trial, Day 20: Defense grandstands; Trial proceedings at risk
• Genocide on Trial, Day 20 part 2: AJR survivors respond to dramatic events
• Genocide Trial, Day 21: Trial will continue, Proceedings await decision from Constitutional Court
• Constitutional Court issues rulings, ongoing questions about how they impact genocide trial proceedings
• Genocide trial still suspended: Supporters remain hopeful, public dialogue continues
• Genocide on Trial, Day 22: Trial reconvenes and attempts to move forward
• Genocide on Trial, Day 23: Proceedings continue, trial will reconvene on May 7
• Genocide on Trial, Day 24/25: Defense incensed and exposed, Judge moves to concluding arguments
• Genocide on Trial, Day 26: Concluding arguments, "You cannot deny the undeniable"
• Genocide on Trial, Day 26 part 2: Benjamin Jerónimo on behalf of AJR, "I ask that justice be done... so the survivors can feel peace"
• Genocide on Trial, Day 27: Genocide trial closes and moves to deliberations
• Ríos Montt: Guilty of genocide and crimes against humanity
• Sentence of Dignified Reparations for the Ixil People
• Genocide trial sentence overturned; CALDH press conference called sentence, "An opportunity for peace"

Genocide on Trial, Day 27: Genocide trial closes and moves to deliberations

NISGUA continues live coverage of the trial in Guatemala of Efraín Ríos Montt and José Mauricio Rodríguez Sánchez for genocide and crimes against humanity.

Read our previous summaries: Day 1, 2, 3, 4/5, 6, 7, 8, 9, 10, 11-14, 12, 13/14, 15/16, 17/18, 19, 20-1, 20-2, 21, Constitutional Court decisions, trial suspension, Day 22, 23, 24/25, 26-1, 26-2 and our full archive of ongoing live Twitter coverage.

The final day of the genocide trial began at 8am, as Judge Yassmín Barrios convened earlier in order to accommodate a hearing in Judge Carol Patricia Flores’ court at 8:15am.

The proceedings were short, as expected. José Mauricio Rodríguez Sánchez was given the opportunity to make a request to the court and he made a brief statement. He stated his innocence, reiterating his defense attorney arguments that he did not have the position or power of command to be responsible for the acts of genocide and crimes against humanity.

#JMRodríguez closes: I'm not guilty of anything, I'm innocent. I ask for freedom.
— NISGUA (@NISGUA_Guate) May 10, 2013

Judge Barrios then declared the public oral debate of the genocide case trial concluded, marking the end of proceedings with a resounding pound of her gavel. She announced the verdict would be given at 4pm MDT today. Judges Barrios, Pablo Xitumul and Patricia Bustamante then left for deliberations. Many members of the press and observers in the public gallery decided to remain in the courtroom throughout the day, in order to be assured of seating for the 4pm verdict.

As the judges began their deliberations, Judge Carol Patricia Flores held a parallel hearing at 8:15am, in accordance with a Constitutional Court resolution ordering her to reconsider her April 18 decision. She affirmed her prior decision to roll-back the genocide trial process to November 2011. Representatives of CALDH stated the ruling would not have an impact on the scheduled verdict.

Right now, approximately two hours before the scheduled verdict, the courtroom is already filling up with survivors, supporters, media and human rights observers, all awaiting the outcome of this historic trial. Join us for live tweeting as we broadcast the play-by-play of the verdict: 3pm Pacific, 4pm Mountain, 5pm Central and 6pm Eastern.

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. We will continue to bear witness to the truth and bravery of these survivors throughout this historic trial. To bear witness with us, stay tuned to our ongoing live Twitter coverage @NISGUA_Guate, like our Facebook page and sign up for email updates.