Guatemalan complainants celebrate effective suspension of Tahoe Resources license

CALAS and the Xinca Parliament announce the suspension of
Tahoe Resources' mining license on Wednesday morning. Photo: Prensa Libre

(Ottawa/Guatemala City) On Tuesday, the Civil and Mercantile Division of Guatemala’s First Court of Appeals notified the Centre for Environmental and Social Legal Action (CALAS) that it is upholding an appeal associated with Tahoe Resources' production license for the Escobal project.

Quelvin Jimenez of the indigenous Xinka Parliament presented the appeal in May with legal support from CALAS, claiming lack of due process regarding a complaint he filed against the company's license prior to it being granted on April 3, 2013. The Xinca Parliament, the San Rafael Las Flores Committee in Defense of Life and Peace, and the Santa Rosa Diocese Council for the Defence of Nature (CODIDENA) supported the appeal process.

The Appeals Court found in favour of Jimenez and ordered the Ministry of Energy and Mines to adequately attend to his complaint, which was based on concerns over negative impacts on water supplies in the area of Tahoe’s Escobal silver project, currently under construction.

CALAS lawyer Rafael Maldonaldo remarked, “This is a historic sentence for the rights of all Guatemalans. The decision means the suspension of Tahoe Resources’ exploitation licence, preventing the company from putting the mine into production.”

Since November 2011, Jimenez and more than 200 other affected community members presented formal objections to Tahoe’s request for a licence from the Ministry of Energy and Mines. Less than an hour before the Ministry announced that it had granted Tahoe its license, Jimenez and others were notified that their objections would not be heard.

Jimenez regards the decision as a sign of hope for the affected communities where tensions have run high in recent months. During a press conference Wednesday morning he remarked, “The only thing the Escobal mine is currently producing in the area is conflict.”

Tahoe Resources’ Escobal mine has been mired in controversy given broad community opposition and incidents of violence, the most recent of which has been linked to company personnel. Then Security Manager of the Escobal mine, Alberto Rotondo, is under house arrest awaiting trial for alleged participation in an April 27 shooting against people protesting outside the mine that left six wounded.

Goldcorp owned the Escobal silver project until 2010 and currently holds 40% of Tahoe Resources’ common shares. Most of Tahoe’s directors have prior or current connections back to the gold producer whose Marlin mine in northwestern Guatemala has been a site of permanent conflict, given lack of respect for community consent and ongoing concerns over impacts on water supplies and the health of indigenous communities.

Contacts:

• Rafael Maldonado, Centre for Environmental and Social Legal Action (CALAS), (502) 5307 4250
• Jen Moore, Latin America Program Coordinator, MiningWatch Canada, (613) 569-3439
• Lisa Rankin, Coordinator, Maritimes-Guatemala Breaking the Silence Network, (502) 5071 4164

Communities of Santa Rosa and Jalapa denounce criminalization of leaders opposing Tahoe Resources' Escobal mine

Since the May 2 declaration of a state of siege in four municipalities surrounding Tahoe Resources' mine, 12 members of the Committee in Defense of Life and Peace of San Rafael had their homes raided by police and military forces, five community members have been arrested and charged, and at least 18 more have pending arrest warrants against them.

During the last year, there have been more than 70 legal processes against individuals peacefully opposing Tahoe's Escobal mine. Many of those singled out have participated in the Committee in Defense of Life and Peace and have been leaders in the organization of the 12 community consultations carried out in the region since 2011. In each of the consultations, the population voted overwhelmingly against mining projects in their territory.

Criminalization continued during the May state of siege when Judge Carol Patricia Flores, who attempted to annul the historic genocide trial before the Constituional Court did so officially on May 20, issued at least 18 arrest warrants in a legal process filled with anomalies. Among the five arrested was Guillermo Carrera, community leader and member of the Committee in Defense of Life and Peace. After almost two months in prison, a judge in Jalapa has only just been assigned to hear Carrera's case. All of the accused are implicated in crimes related to the robbery of mine explosives in November 2012 and the detention of police officers in Santa Maria Xalapán in April 2013.

Supporter calls for due process at the peaceful protest outside the Public Prosecutor's office. A photo of Guillermo Carrera, unjustly imprisoned for almost 2 months, hangs around his neck. (Photo: NISGUA)

President of the Xinca Parliament, Roberto González, and prominent leader of the Committee for the Defense of Life and Peace of San Rafael las Flores, Rudy Pivaral, are among those with arrest warrants pending. González was one of the Xinca leaders kidnapped after leaving a community consultation on the Tahoe project in March, 2013. Rudy Pivaral has been instrumental is the organization of the eight consultations to date in the municipality of San Rafael las Flores.

On June 19, the Campesino Unity Committee (CUC) and the Xinca Parliament filed an appeal against High Risk Court “A” judge, Carol Patricia Flores. The legal action denounced the loss of the court audio, considered to be critical pretrial evidence. According to Sergio Beltetón, legal counsel for CUC, “It is a violation of the Penal Process, which requires that all judicial hearings be electronically recorded... the judge's excuse is that the audio was lost, and that it wasn't recorded on a CD or a hard drive on the computer.” 

Today, families, friends and supporters of the criminalized and jailed gathered outside Guatemala's Public Prosecutor's office to demand an end to criminalization and respect for due process. NISGUA joins our Guatemalan partners in denouncing the persecution of community and indigenous leaders legitimately defending their territory, self-determination and the right to live in a healthy environment. 

Rudy Pivaral's mother calls for due process in the case against her son. (Photo: NISGUA)

Despite the ongoing persecution of mine opposition, important steps have been made in the search for justice for victims of the violent attack carried out against peaceful protesters outside the mine site on April 27. Two Tahoe Resources employees have been arrested and charged in connection to the attack against community members in which six men were seriously injured. Former Tahoe head of security, Alberto Rotondo, and security advisor Juan Pablo Oliva Trejo are under house arrest awaiting trial.

NISGUA has been accompanying the consultation processes in the communities surrounding the Tahoe Resources mine site since 2011. 

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"

Criminal case against Alberto Rotondo, security manager for Tahoe Resources, moves forward in Guatemalan courts

On Friday June 7, Alberto Rotondo, former security manager for Tahoe Resources, was summoned to appear for the second time in a Guatemalan court. During the first hearing on May 7, Rotondo was charged with assault and obstruction of justice in connection to the April 27 attack outside Tahoe's Escobal project in which mine security opened fire on community members, seriously injuring six.  The purpose of the hearing was to formally register the six victims as co-plaintiffs in the case.

Co-plaintiffs and their lawyers at the second hearing in the case against Alberto Rotondo.
Barbarena, Santa Rosa, June 7, 2013 (Photo: Giles Clarke)

Alberto Rotondo (center) and his legal team at the defense table. Barbarena,
Santa Rosa, June 7, 2013 (Photo: Karla Solórzano)

In early May, Juan Pablo Oliva Trejo, former Tahoe employee and security advisor to Rotondo, was also arrested, and on May 15 was charged with concealing evidence in connection to the April incident. While Rotondo and Oliva Trejo are said to no longer work for Tahoe Resources, both were employees when the alleged crimes took place. Wire tap evidence collected by Guatemala's Public Prosecutor is believed to implicate Rotondo and Oliva Trejo in the crimes and both are currently under house arrest.

Despite repeated claims by Tahoe Resources and Guatemalan officials that only non-lethal rubber bullets were used to disperse the protesters, the injuries suggest otherwise. One victim explained to NISGUA staff that while the wounds he suffered from the rubber bullets have faded, the injuries caused by live ammunition have yet to fully heal. The photos below were taken more than a month after the attack.

Two victims of the April 27 attack. Barbarena, Santa Rosa June 7, 2013 (Photo: Giles Clarke)

Since Rotondo was captured on April 30, Tahoe Resources spokespeople, including head of investor relations Ira Gostin and CEO Kevin McArthur have made misleading statements in an attempt to downplay the seriousness of the incidents and the charges filed against Tahoe employees. See Tahoe's May 1 press release.

As a result, on May 31 the Justice and Corporate Accountability Project (JCAP) submitted a complaint to the Ontario Securities Commission regarding Tahoe Resources’ poor disclosure about violence in connection with the company’s only mine project. In its June 4 press response, Tahoe failed to reply to the specific concerns expressed in the complaint, including the ongoing criminal investigation of former Tahoe employees in connection with the escalating and persistent violence around the mine site.

While the state of siege declared in four municipalities around the Escobal mine is officially over, the tension and fear it produced remains palpable, especially for those who continue to peacefully resist the project. The April 27 attack was carried out just steps away from the non-violent encampment erected to demonstrate the community's ongoing opposition to the project. Below, one of the men shot in the April attack holds up the banner previously used to mark the entrance to the protest site.

"Communities in Peaceful Resistance: El Escobal. The Defense our Territories is our Right"
San Rafael las Flores, Santa Rosa, June 9 (Photo: Giles Clarke)

Despite twelve community consultations to date in Santa Rosa and Jalapa rejecting mining in their territories, on April 3 the Ministry of Energy and Mines approved the exploitation license for Tahoe Resources' Escobal project. With commercial production of silver expected to begin in early 2014, community members remain concerned about the social and environmental impacts of the massive project, located alarmingly close to homes, crops and livestock.

Horses and cows graze in the shadow of the Escobal mine.
Los Planes, Santa Rosa, June 9  (Photo: Giles Clarke)

Looking down on Escobal mine and town of
San Rafael las Flores, June 9 (Photo: Giles Clarke)

International solidarity with the communities of Santa Rosa and Jalapa continues defending their right to consultation and self determination. Today NISGUA and Breaking the Silence presented President Otto Pérez Molina with an open letter signed by thirty organizations calling for the revocation of Tahoe's exploitation license. The letter outlines numerous concerns, including "the lack of consultation, broad local opposition to the project, the irregularities in the approval process, the pending criminal investigation against Minera San Rafael for industrial contamination, and the context of violence, intimidation and criminalization against human rights and environmental defenders." Read the full letter on our website.

For further background on Tahoe's dangerous investment, see our May 8 Investor Alert here.

NISGUA has been accompanying the consultation processes in the communities surrounding the Tahoe Resources mine site since 2011.

Speculation around genocide trial restart; Ríos Montt back under house arrest

Guatemalan civil society reacted to the May 20 annulment of the genocide trial verdict through public actions, marches and vigils overwhelmingly rejecting the decision. On May 24, an impromptu march that some activists reported to be the largest in recent history organized in the name of memory in Guatemala. An estimated 5,000 people filled the streets of the capital to denounce impunity and call for justice. Supporters throughout the world also organized solidarity protests outside Guatemalan embassies to echo the message: Yes, it was Genocide. Sí Hubo Genocidio.

"The truth is told, justice was sentenced. Yes it was genocide."
See more photos from the May 24 march via CPR Urbana

While public opinion on the genocide trial annulment has been expressed in the media and on the streets, the answers to the legal questions necessary to clarify the future of the trial are only slowly being untangled.

Following the decision of the Constitutional Court (CC) to annul trial proceedings after April 19, the Guatemalan Supreme Court faced the challenge of composing a three-judge Appelate Court to carry out the CC decision. Possibly fearing a black mark on their record and the condemnation of the multitudes of national and international bodies calling for an end to impunity in Guatemala, at least 61 judges excused themselves from the case.

Finally, on May 27 the Appellate Court was formed and rapidly carried out the CC decision to annul the trial. Shortly thereafter, Judge Yassmin Barrios excused all three members of her presiding tribunal from future genocide trial proceedings, the inevitable outcome of having already issued a verdict.

On June 4, the Appellate Court assigned the case to the First High Risk Crimes Court "B", made up of Judges Irma Jeannette Valdés Rodas, María Eugenia Castellanos and Sara Griselda Yoc Yoc. The tribunal has presided over other high profile cases for justice including the conviction of Pujujiles gang members for the 2010 murder of Maya artist and community leader, Lisandro Leonardo Guarcax González, and 32 other victims. Judge Irma Jeannette Valdés Rodas also led the tribunal responsible for the conviction of ex-general Pedro Pimental for his involvement in the Dos Erres massacre.

While news reports quickly spread that the trial would not resume until April 2014, an official restart date for the genocide trial has not been determined. The First High Risk Crimes Court "B" has only confirmed their case list extends through March 2014.

Ríos Montt was transferred to the Military Hospital on May 13, after spending only 3 nights in prison. He stayed in the hospital until the early hours of June 12, when he was ordered to return home under house arrest, as he was ordered in January 2012. José Mauricio Rodríguez Sánchez, who was acquitted of all charges, is back in police custody and remains in the Military Hospital, according to Guatemalan newspaper El Periódico.

Meanwhile, Ríos Montt and Rodríguez Sánchez' lawyers continue to argue that the former generals should be granted amnesty. However, Article 8 of the National Reconciliation Law, passed as part Guatemala's 1996 Peace Accords, invalidates amnesty in the cases of genocide, torture and forced disappearance. Regardless, the defense lawyers continue to claim the law cannot be applied retroactively - that is to say that  it cannot be applied to crimes committed in 1982 and 1983. The lawyers originally made the case for amnesty in December 2012, and were denied by Judge Miguel Ángel Gálvez. Naturally the defense appealed, and now it's up to the Constitutional Court to make a final ruling. Ramón Cadena, expert in international law, declared in his testimony on day 15 of the genocide trial: "Genocide can't be forgiven, it can't be granted amnesty."

Complaint asks for investigation into Tahoe Resources after wiretap evidence implicates employees in violence at Escobal mine

On Saturday April 27, mine security at Tahoe Resources' Escobal project opened fire on community members peacefully gathered outside the mine site. Six men were shot and seriously injured. This incident set of a chain of events, eventually resulting in the declaration of a state of siege in four municipalities surrounding the Escobal mine. 

On April 30, Alberto Rotondo, Security Manager for Tahoe Resources was arrested and on May 7 Rotondo was charged with obstruction of justice and assault. On May 4, another Tahoe employee, Juan Pablo Oliva Trejo, was arrested and later charged with concealment of evidence for his role in helping Rotondo mobilize during the days following the attack. Wire tap evidence gathered by Guatemala's Public Prosecutor's office implicates both men in the crimes.

According to Canadian law, Tahoe Resources is obligated to inform their shareholders and the public in general of any events that may impact the project. Tahoe has only released one statement regarding the concerning events on April 27, downplaying the seriousness of the incident and criminal implications for their employees. On May 31, the Justice and Corporate Accountability Project, in coordination with local partners, submitted a complaint to the Ontario Securities Commission regarding Tahoe's lack of disclosure. Please see the press release below.

For further background on Tahoe's dangerous investment, see our May 8 Investor Alert here. 

FOR IMMEDIATE RELEASE

June 3, 2013

COMPLAINT ASKS ONTARIO SECURITIES COMMISSION TO INVESTIGATE TAHOE RESOURCES AFTER WIRETAP EVIDENCE IMPLICATES EMPLOYEES IN VIOLENCE AT GUATEMALA MINE

(Toronto/Ottawa) Friday, the Justice and Corporate Accountability Project (JCAP) submitted a complaint to the Ontario Securities Commission regarding Tahoe Resources’ (TSX: THO; NYSE: TAHO) poor disclosure about violence in connection with the company’s only mine project in southeast Guatemala.

On April 27, security personnel shot and wounded six people gathered outside of the Escobal mine site. Wiretap evidence gathered under orders of the Guatemalan public prosecutor’s office has implicated company employees.

According to the wiretap evidence, Tahoe’s Security Manager Alberto Rotondo ordered the mine security to attack the protestors. Mr. Rotondo has been charged with causing serious and minor injuries and obstructing justice, which included tampering with evidence at the site of the crime. He is currently under house arrest and awaiting an evidentiary hearing in July 2013.

The security advisor for the company, Juan Pablo Oliva Trejo, has also been apprehended in connection to the attack and charged with concealing a crime. According to wiretap evidence, he helped Mr. Rotondo mobilize in the days following the attack, warning him to leave the country to avoid facing legal problems. 

According to Securities Commission requirements, Tahoe Resources must file material changes “forthwith”. Company disclosure, however, has been both insufficient and inaccurate.

“We are concerned that Tahoe Resources has downplayed the serious crimes for which its employees have been accused in comments to the press and that it has not issued an official statement since the wiretap evidence came to light that would correct earlier errors,” stated lawyer Shin Imai of JCAP at Osgoode Hall Law School in Toronto.

JCAP has requested that the Commission undertake an investigation based on section 75(1) of the Securities Act. JCAP filed the complaint on behalf of MiningWatch Canada and its Guatemalan partner, the Committee for the Defence of Peace and Life of San Rafael Las Flores.

“As the company’s only mine project, investors, and the public in general, need to know about the implication of its employees in such an egregious attack, as well as widespread and ongoing opposition to the mine,” remarked Jen Moore for MiningWatch Canada.

Local communities have resoundingly rejected the Escobal mining project in 12 community consultations to date and have sustained a peaceful resistance to the mine for three years. Goldcorp Inc. owned the Escobal project until 2010 and currently owns 40% of the shares in Tahoe Resources. As of March 2012, the Canadian Pension Plan held $9 million CDN worth of shares in the company. 

A copy of the letter submitted to the Ontario Securities Commission on May 30 can be accessed here. Refer to an Investor Alert from May 8 for further background here.

Contact:

Shin Imai, Justice and Corporate Accountability Project, Osgoode Hall Law School, York University, (tel) 647-524-2312

Jennifer Moore, Latin America Program Coordinator, MiningWatch Canada, (tel) 613-569-3439, jen(@)miningwatch.ca

The Justice and Corporate Accountability Project (JCAP) is made up of volunteer lawyers and law students who provide research and advice on corporate accountability in Latin America.

MiningWatch Canada is a pan-Canadian initiative supported by environmental, social justice, Aboriginal and labour organisations from across the country. It addresses the urgent need for a co-ordinated public interest response to the threats to public health, water and air quality, fish and wildlife habitat and community interests posed by irresponsible mineral policies and practices in Canada and around the world.

Se solicita a Comisión de Valores en Canadá investigar a Minera Tahoe luego de que escuchas telefónicas vincluan a sus empleados en hecho violentos en Guatemala

PARA DIFUSIÓN INMEDIATA
3 de junio 2013


(Toronto/Ottawa) El Proyecto Justicia y Responsabilidad Corporativa (Justice and Corporate Accountability Project - JCAP) en Canadá entregó el día viernes una queja a la Comisión de Valores de la provincia de Ontario en relación a la empresa Tahoe Resources (TSX: THO; NYSE: TAHO) por su deficiente divulgación de información sobre los casos de violencia vinculados a su único proyecto minero en el suroriente de Guatemala. 

El 27 de abril, empleados de seguridad dispararon e hirieron a seis personas que se encontraban en frente del proyecto minero Escobal. Las escuchas telefónicas encargadas por el Ministerio Público de Guatemala implican a empleados de la empresa minera en los hechos.

Según la evidencia de las escuchas telefónicas, Alberto Rotondo, gerente de seguridad de la empresa Tahoe, ordenó a las fuerzas de seguridad de la mina atacar a los manifestantes. Rotondo ha sido ligado a proceso por obstaculización de la investigación penal, y por lesiones leves y graves. Se encuentra bajo medida sustitutiva de arresto domiciliario, a la espera de una audiencia probatoria en julio de este año.

El asesor de seguridad de la empresa, Juan Pablo Oliva Trejo, también fue detenido en conexión con el ataque y ligado a proceso por el delito de encubrimiento propio. Según las escuchas telefónicas, Trejo ayudó a Rotondo a movilizarse durante los días siguientes al ataque y le advirtió a Rotondo que saliera del país para evitar conflictos legales.

Según las directrices de la Comisión de Valores, Tahoe Resources debe presentar cambios materiales “de inmediato”. Sin embargo, la divulgación de información por parte de la empresa ha sido insuficiente e inexacta.

“Nos preocupa que Tahoe Resources minimice la gravedad de los serios crímenes por los que se acusa a sus empleados en sus comentarios a la prensa y que no haya emitido una declaración oficial para corregir los errores en la información emitida anteriormente a que surgiera la evidencia de las escuchas telefónicas”, indicó el abogado Shin Imai, del JCAP, Facultad de Derecho Osgoode Hall en Toronto.

JCAP solicitó que la Comisión de Valores inicie una investigación basándose en la sección 75(1) de la Ley de Valores (Securities Act) de la provincia de Ontario. JCAP presentó la demanda en nombre de Alerta Minera Canadá y su contraparte en Guatemala, el Comité en Defensa de la Vida y la Paz de San Rafael Las Flores.

“Dado a que este es el único proyecto minero de la empresa, es importante que los accionistas y el público en general sepan que los empleados están implicados en ataques de esta magnitud, además de la constante y extensa oposición a la mina,” comentó Jen Moore de Alerta Minera Canadá.

Las comunidades locales han rechazado rotundamente el proyecto minero Escobal en las 12 consultas comunitarias llevadas a cabo hasta la fecha, y durante tres años se han mantenido en resistencia pacífica a la mina. El proyecto minero Escobal perteneció a Goldcorp Inc. hasta el 2010 y actualmente esta empresa posee 40% de las acciones de Tahoe Resources. En marzo de 2012, el Plan de Pensiones de Canadá (Canada Pension Plan) poseía el equivalente de US$8.7 millones en acciones de la empresa.

Se puede acceder a una copia de la carta entregada a la Comisión de Valores de la provincia de Ontario aquí (en inglés). Para más detalle, descargar esta Alerta para Inversionstas aquí (español). 

Contactos:

Shin Imai, Proyecto Justicia y Responsabilidad Corporativa (Justice and Corporate Accountability Project - JCAP), Facultad de Derecho Osgoode Hall Law School, York University, (tel) 647-524-2312, simai@justice-project.org

Jennifer Moore, Coordinadora del Programa de Latinoamérica, Alerta Minera Canadá, (tel) 613-569-3439, jen@miningwatch.ca

Proyecto Justicia y Responsabilidad Corporativa (JCAP) es una agrupación de abogadas/os y estudiantes de derecho dedicada a la investigación y asesoramiento sobre responsabilidad empresarial en América Latina.

Alerta Minera Canadá es una iniciativa pan-canadiense que cuenta con el apoyo de organizaciones ambientales, de justicia social, sindicales e indígenas, de todo el país. Su objetivo es responder de manera coordinada y en relación al interés público a los temas de salud pública, calidad del agua y aire, hábitat acuático y vida silvestre, e intereses de las comunidades, frente a las amenazas que imponen en estos temas las prácticas y políticas irresponsables sobre minerales en Canadá y en el resto del mundo..

NISGUA in NYC with the Association for Justice and Reconciliation: Listen live to our special event

Live transmission of event in NYC with the AJR. Tramission will begin at approximately 7:15pm EST, May 30, and last for one hour.

Transmisión en vivo de la actividad en la ciudad de Nueva York con la AJR. Transmisión de 1 hora, 30 de mayo, empezando a las 7:15pm EST (aproximadamente).

Alternate link: here

International community calls for Rubén Herrera's immediate release

More than one year after President Molina declared a state of siege in Santa Cruz de Barillas, repression continues against community leaders resisting the Cambalam hydroelectric project, operated by Spanish owned Hidro Santa Cruz. Violence and criminalization against leaders defending territory and the right to self determination has been on the rise in Barillas since the 2007 community consultation rejecting large-scale development projects in their territory.   

Since March, NISGUA has reported on the detention of Rubén Herrera, community leader and member of the Departmental Assembly of Huehuetenango for the Defense of Natural Resources (ADH). Herrera has been unjustly imprisoned for more than two months on trumped up charges related to resistance to the Cambalam project. Despite requests by Guatemala's Public Prosecutor to dismiss the case due to a lack of evidence, the judge ordered the case forward.

In response, NISGUA together with the Guatemala Human Rights Commission, gathered more than 2,800 signatures from 52 countries demanding Rubén's immediate release and an end to the criminalization of human rights defenders.  

Rubén Herrera, unjustly imprisoned since March 15

The signatures were delivered to Guatemala's Public Prosecutor's office in anticipation of  Rubén's May 30 pre-trial hearing. Originally slated to be heard in Santa Eulalia, Huehuetenango, Rubén's hearing was recently transferred to Guatemala City.

“The decision of the Supreme Court to transfer Rubén Herrera's case to Guatemala City is a favorable resolution because it is an opportunity for the case to be heard in a specialized court, which gives us greater confidence that the false accusations presented by the Hidro Santa Cruz will be disproven,” stated Alba Cecilia Mérida, Herrera's life partner and human rights activist. “It means that Rubén will have a greater possibility of due process in the application of justice.”

May 1 march in Huehuetenango: "No More Repression, Liberty for Rubén Herrera"

In April, the persecution of leaders resisting the Cambalam project continued with the kidnapping and murder of Daniel Pedro Mateo, cultural leader and prominent defender of the 2007 community consultation in Barillas. Community members from eight municipalities in northern Huehuetenango mobilized during three days in order to locate Pedro Mateo's remains.

Just a few weeks later, terror once again gripped residents of Barillas when community leader Mynor López was detained by plain clothed men, later determined to be police officers, and forced into an unmarked vehicle. Some residents, believing López was being abducted, mobilized to ensure his release. In response anti-riot police already in the community fired at the crowd with tear gas. In a press release, the ADH denounced the irregular detention of Mynor López as well as the ongoing criminalization of leaders.

The state's pattern of systematic criminalization and persecution of community leaders defending territory was demonstrated again in early April when President Molina implemented of another state of siege in four municipalities surrounding Tahoe Resources' Escobal project, located in San Rafael Las Flores, Santa Rosa. As in Barillas, leaders demanding the right to consultation have been targeted; 12 members of the committee organizing community referenda in San Rafael Las Flores had their homes raided and searched during the weeks long state of siege.

"Instead of listening to the legitimate demands of the people, the state and the companies have implemented a strategy to discredit and delegitimize peaceful community struggles in defense of life and territory," said Francisco Rocael Mateo of the ADH. "This criminalization is a strategy to demobilize community resistance."

Read NISGUA's full press release in English and Spanish.


NISGUA works closely with the Departmental Assembly of Huehuetenango (ADH) in their efforts to promote self-determination and alternative visions of development in the highland department of Huehuetenango. The ADH receives international human rights accompaniment from NISGUA through the ACOGUATE project and participated in NISGUA's 2010 tour.

AJR Declaration to the United Nations Permanent Forum on Indigenous Issues

The Association for Justice and Reconciliation addressed the United Nations Permanent Forum on Indigenous Issues in New York City today. We are honored to provide the exclusive English translation of the declaration. Read the Spanish version here.

 Association for Justice and Reconciliation

Declaration to the United Nations Permanent Forum on Indigenous Issues, 12th Session

New York, NY, May 22, 2013

Brothers and sisters of the indigenous peoples of the world and members of the Permanent Forum:

We, as indigenous peoples, stand on the threshold of a new era of shared struggle. In this spirit, we come to ask that the Assembly recommends to the state of Guatemala that justice for our people prevails and that a strong foundation be built to construct new, more just, and harmonious relations for all.

On May 10, Guatemala set an example for the world by being the first country to emit a sentence for genocide against a former head of state in a national court.  We, the plaintiffs and members of the Association for Justice and Reconcilation, have seen this process as an opportunity to recuperate the truth that has been denied to our families and to Guatemalan society in general. It is an opportunity to confront the past and address the root causes of the discrimination we suffer as indigenous peoples in Guatemala today.

However, the sentence has just been annuled by the highest court in the country. This takes place in a context where business elites and groups linked to the military who carried out the extermination rejected the sentence and sought to create terror by encouraging social polarization and calling for society to deny the truth. What happened this week in Guatemala is not coincidence, but part of a political structure that denies us justice. We have spent 12 years preparing evidence and arguments, dealing with all manner of obstacles. The moment we begin to move forward, the legitimacy of judicial processes is questioned and we hear officials threatening lawyers and judges. Despite all of this, our cause does not end here.

Today, more than ever, it is imperative we continue to demand justice and face the past to ensure acts of genocide never again take place in Guatemala and the Guatemalan state respects, protects and promotes the rights of indigenous peoples. As long as this does not happen, the state will continue to deny our rights and facilitate the dispossession of the lands and natural resources that are fundamental to the material and spiritual life of indigenous peoples. Brothers and sisters: we must stop the continuation of genocide in Guatemala.

Not in Guatemala nor any other place in the world: Genocide, never again

Genocide trial sentence overturned; CALDH press conference called sentence, "An opportunity for peace"

The Guatemalan Constitutional Court emitted a resolution late Monday evening to annul the genocide trial verdict and revert proceedings back to April 19. Judge Barrios of the First Court for High Risk Crimes "A" has 24 hours after being notified of the resolution this morning to comply with the Constitutional Court. The full impact of this decision is yet to be determined.

Yesterday morning, the Center for Human Rights Legal Action called a press conference to publicly share the genocide trial sentence. A cross-section of Guatemalan society gathered to celebrate the sentence as a fundamental step in achieving peace.

See our full translation of yesterday's press release below.

"Yes, it was genocide. Guatemala walks firmly toward peace"

The Genocide Sentence
An Opportunity for Peace

Today Guatemala has a new opportunity for peace, an opportunity that is constructed on the foundation of memory and truth of the Maya Ixil people and on the foundation of justice and strengthening the rule of law.

The First Court for High Risk Crimes "A" has condemned General José Efraín Ríos Montt for genocide and crimes against humanity. The sentence against Ríos Montt verifies that the crime of genocide was committed in Guatemala and situates his participation in grave human rights violations committed during the internal armed conflict.

With this historic sentence, the Court has given evidentiary value to the brave testimonies of the Ixil men and women, who after 31 years have been heard and had their suffering recognized by the Guatemalan justice system.

Through these testimonies, as well as scientific and documentary evidence, the court proved the evidentiary value and demonstrated the intention to destroy the Ixil who were identified as the internal enemy, "the violent actions committed against the Ixil weren't spontaneous but rather the concretization of previously elaborated plans that formed part of state policy aimed at eliminating a specific ethnic group… Having proved to society that they were civilians, dedicated to agriculture."

The sexual violence was a systematic attack against women, which contributed to the destruction of the social fabric and whose objective was to eliminate the Maya Ixil ethnic group. Women suffered intentional violence and humiliation, not only as a means to inflict mental and physical harm, but also as a means to impede the physical and cultural reproduction of the group.

The prevailing racism in Guatemala was "the machinery of extermination," and was the foundation for genocide. "Racism expresses itself in the conduct, imagery, and racist practices and ideologies that occupy distinct spaces and reach society as a whole… Racism profoundly affects, provokes, collaborates and contributes to the genocide that occurred in Guatemala." Historically, a stereotype of an "indian" has been constructed as an inferior, as "a bad person, thief, ugly and who smells bad." The elites have historically presented the idea of "their elimination" or the necessity to "improve the race". This was what was put into practice in the Genocide.

Through this trial, networks of impunity have been uncovered which are still deeply entrenched in the justice system. There are also powerful groups that continue to deny the possibility of living in a full democracy with true rule of law. We've witnessed illegal resolutions; malicious litigation and the attempt to discredit actors within the justice system through various means. It is important to reiterate, that during this trial, it is the public oral debate which determines if the means of evidence reached their evidentiary value. This is what gives force and credibility to the rule of law and not the hundreds of appeals submitted to delay and obstruct justice.

The survivors of the genocide have taught Guatemalan society a lesson; It is possible to move forward and resolve controversies through established democratic means. Those who invoke hate and violence or those who are afraid of democratic processes are those who have never believed in peace or democracy.

We call upon Guatemalan society to not be convinced by these violent, racist and discriminatory messages of those sectors that threaten actions, and even violence if the ruling is not revoked.

We share the idea that this sentence is part of a watershed moment in the history of Guatemala, as it opens up the opportunity for us to once again ask ourselves as a society what it is we desire for the present and future of our country. Guatemala has a new opportunity, shaped by the long path toward justice that the victims undertook decades ago. This path symbolizes the claims and recognition of true reality, not only for the Maya people but also for the thousands of the victims arbitrarily executed, disappeared and massacred in our territory.

Association for Justice and Reconciliation, AJR; Ancestral Maya Authorities of the Ixil Region, Victims Movement Association for the Integral Development of Northern Quiche; Departmental Youth Association of Sololá Kaji Batz; Association for Development and Recovery of Alta Verapaz, AJODER; Caja Lúdica Association; The Association of Family Members of the Detained and Disappeared of Guatemala, FAMDEGUA; Community Studies and Psychosocial Action Team, ECAP; Center for Human Rights Legal Action, CALDH; Collective We the Women; National Coordination of Guatemalan Widows, CONAVIGUA; Coordination of Ixil Women "Baxil B'atz"; Committee of Victims of the Ixcán; Coordination of Youth for Guatemla, CJG;  Coordination Genocide Never Again; Coordination and National Convergence Waqib Kej; the Guatemalan Religious Confederation, CONFREGUA; Relatives in Search of Truth and Justice for the Victims of the Military Diary; Rigoberta Menchú Foundation; HIJOS Guatemala; Institute for Comparative Studies in Criminal Science, ICCPG; Institute for Sustainable Development Teaching, IEPADES; Julio Solorzano Fopa; Women Transforming the World, MTM; Movement of Maya Youth, MOJOMAYAS; Archbishop's Office on Human Rights, ODHAG;  Pastoral Youth Ministry of San Marcos, Network of Ixil Youth "Chemol Txumb'al"; Security in Democracy, SEDEM; Women's Sector; Civil Society for Youth Development/ Foundation for the Youth; National Unity of Guatemalan Women, UNAMG

Read the complete sentence here:
www.caldh.org
www.paraqueseconozca.blogspot.com

Sentence of Dignified Reparations for the Ixil People

On May 10, Efraín Ríos Montt was found guilty of the crimes of genocide and crimes against humanity, in an historic ruling that sentenced him to 80 years in prison. As ordered during the verdict, yesterday Judge Yassmín Barrios heard the reparations requests of the Association for Justice and Reconciliation and the Center for Human Rights Legal Action. Below we have translated a summary of the petitions granted to the plaintiffs.

The representatives of the survivors put forth an extensive list of petitions and made special mention of the women who suffered sexual and gender violence. In a trial filled with moving and powerful moments, the day in which women bravely spoke to an open courtroom stands out for many. Read more about their courage here

In a notable link between the crimes of the past and violence occurring in Guatemala today, the plaintiffs asked the government be ordered to respect Convention 169, the International Labor Organization convention stating indigenous peoples have the right to free, prior and informed consent on any projects taking place in their territories.

Plaintiffs ask exec branch to consult indigenous ppl in all actions affecting their territories & natural resources
— NISGUA (@NISGUA_Guate) May 13, 2013

This and other petitions were not granted because the crimes and subsequent verdict relate to an individual –Ríos Montt- and not the state. Therefore, Judge Barrios highlighted, while certain mechanisms of the state will be used to carry out reparations, these are not state reparations.

Another denied request was the restitution of land taken from displaced Ixil victims, the only economic petition made by the plaintiffs. CALDH lawyer noted, 

Reyes: When victims were asked what they want of the state they said, "What we want is justice." This was never for financial reasons.
— NISGUA (@NISGUA_Guate) May 13, 2013

Defense lawyers and social media hate speech have repeatedly accused the victims of being involved in this case for the purposes of financial remuneration.

Below we share the “dignified reparations” granted to the Ixil people, as mandated under the Guatemalan penal code.

Sentence of Dignified Reparations for the Ixil People

Today, May 13, three days after having issued the historic sentence condemning Ríos Montt, the High Risk Sentencing Tribunal A held a hearing to listen to petitions for reparations. The petitions were for dignified reparations for the victims of genocide and crimes against humanity for the Ixil people. The judges ruled the following:

1. That the Executive Branch, through the Ministry of Culture, make a request to the Congress of the Republic that a law declare Mach 23 as the National Day Against Genocide. In addition, the Executive Branch must develop a program to disseminate the verdict, as well as respect for cultural diversity.
2. The President, Minister of Defense, Presidential Secretary for Women’s Issues and others, must publicly apologize to the victims, in particular to the women who were victims of sexual violence. The apologies will be written on a parchment to be submitted to each of the municipal mayors in the Ixil region.
3. Monuments honoring and remembering the victims of genocide will be erected in Santa María Nebaj, San Gaspar Chajul and San Juan Cotzal, in particular for the women victims of sexual and gender violence and the children who were victims of the genocide.
4. Respect and recognition of cultural diversity, training on human rights and international human rights are to be incorporated into the training programs  of all prevention and security [institutions], such as military and police. 
5. Create schools and study center in all three municipalities of the Ixil region. 
6. The Attorney General’s office, in the form of a mural, will reaffirm their commitment to creating a system of justice that is respectful of cultural diversity.
7. The Ministry of Education will create a moving museum that promotes respect for all peoples and peaceful coexistence. 
8. Create a cultural center for the promotion of Maya Ixil culture. 
9. The study of the Ixil genocide will be incorporated into education curriculum. 
10. The National Reparations Plan will incorporate in their programs the category of genocide and crimes against humanity, so that victims may access [financial] reparations.
11. It is ordered that the plaintiff’s institutions will follow-up on the content and compliance of the [reparations] sentence.

 Association for Justice and Reconciliation – AJR
Center for Human Rights Legal Action – CALDH

Ríos Montt: Guilty of genocide and crimes against humanity

Today in Guatemala, Judge Yazmin Barrios found former dictator Efraín Ríos Montt guilty of genocide and crimes against humanity. 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."  Ríos Montt was sentenced of 80 years in prison and is now in police custody. Former intelligence director Rodriguez Sánchez was acquitted of all charges.

The historic sentence was greeted by cries of "Justice!", the singing of hymns, and emotional displays of appreciation by Ixil witnesses and other members of the public. "After so much struggle, we've finally achieved our goal," said a member of the Association for Justice and Reconciliation.

Although the court's ruling is sure to be subjected to ongoing challenges, now is not the moment for doubt. Now is a moment to fill our hearts in celebration of the years of dedication and toil that have led to this victory. It is a time for solemn remembrance of the many who have not lived to see justice, but in whose names this struggle has been carried forward.

Today proves that the bonds of solidarity and memory can triumph over violence and forgetting, that the humblest commitment to truth and justice can in time tear down the wall of impunity.

From the bottom of our hearts we thank you for your constant vigilance and accompaniment of the survivors, witnesses, and human rights defenders that have made today possible. We ask you to deepen your support in the coming weeks, months, and years as struggles for justice and self-determination in Guatemala continue in the face of threats both new and old.

Above all, we ask that you join us in celebration, in raising our voices worldwide in a chorus of justice.

In enduring and grateful solidarity,

The entire NISGUA team, now and over three decades in solidarity with the people of Guatemala.

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. 

Tahoe Resources Investor Alert calls Guatemala project a Dangerous Investment

(Ottawa/Guatemala City) – Yesterday, the Network in Solidarity with the People of Guatemala (NISGUA) and MiningWatch Canada warned Tahoe Resources investors against further investment in the Escobal silver project, given lack of community support and increasing violence and repression in the area. Risks identified include:

1. Tahoe Resources does not have the social license to operate the Escobal project;
2. It is likely that conflict and violence will persist if the mining project continues to be imposed without community consent, given recent violence attributed to public armed forces, an illegal armed group and the company’s private security;
3. Implication of company private security in recent acts of violence could lead to civil lawsuits as has taken place in relation to other mining conflicts in which Canadian companies are involved;
4. Tahoe Resources is already under investigation in Guatemala for industrial contamination of water supplies near the Escobal mine site;
5. Failure of Guatemalan regulators to address residents’ complaints prior to granting company’s exploitation license is under appeal, which could put Tahoe’s exploitation license in jeopardy;
6. By repeating patterns seen in Guatemala’s mining sector in connection with Goldcorp’s Marlin mine, including lack of respect for prior community consultation, targeting of peaceful protesters through the judicial system and putting the project into production in the midst of violence and repression, the company is likely to be the object of further protests.

The project is located in the municipality of San Rafael Las Flores in the department of Santa Rosa where for over three years local communities have been peacefully demonstrating their opposition to the mining project given concerns over potential social and environmental impacts. Twelve municipal and community level plebiscites have been carried out in which over 90% of participants voted against the mine.



Tahoe Resources’ received its license to put the Escobal silver mine project into operation in early April despite widespread social opposition to the project and unaddressed complaints against the granting of the permit.



Tahoe’s project has provoked an increase in conflict in the region, which recently escalated on April 27 when the company’s private security shot at community members, injuring six men, two of them seriously. Contrary to company statements, a spokesperson for the Roosevelt Hospital in Guatemala City indicated that live ammunition was used. Alberto Rotondo, security manager for Minera San Rafael, Tahoe Resources’ wholly owned Guatemalan subsidiary, has been arrested and charged with with causing mild and serious bodily harm, and for obstructing the investigation by tampering with the crime scene. Two more supposed mine employees have been arrested in connection with the recent violence, including the killing of a police officer.



On May 2, the Guatemalan government declared a state of siege in San Rafael Las Flores, where Tahoe’s Escobal project is located effectively making public protest and further community consultations illegal as long as the measure remains in place. Local activists have been among those targeted in raids and detentions. 



NISGUA and MiningWatch Canada will be sending their report to key analysts and shareholders in Tahoe Resources Ltd. including the Canadian Pension Plan Investment Board, which holds 439 thousand shares in Tahoe worth approximately $9 million CAD.



The investor alert can be downloaded here.

NISGUA has accompanied the consultation processes in the communities surrounding the Tahoe Resources mine site since 2011.

Genocide on Trial, Day 24/25: Defense incensed and exposed, Judge moves to concluding arguments

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 and our full archive of ongoing live Twitter coverage.

A complex entanglement of legal motions in lower and higher courts has plagued the genocide trial proceedings since they were halted on April 19. For great legal background we recommend RiosMontt-Trial.org, in particular the postings on legal battles during the temporary trial suspension, appeals court rulings earlier this week and Constitutional rulings yesterday. Expect analysis on additional rulings issued today on the RiosMontt-Trial blog tomorrow.

Yesterday, May 7, the genocide trial proceedings were the shortest yet, clocking in at just under 30 minutes due to the absence of Ríos Montt defense lawyer Francisco García Gudiel. García Gudiel called in sick to the courtroom, telling the court secretary he was "gravely ill".

Today started with the reappearance of two lawyers who participated in the April 19 walkout: Cesar Calderón for José Mauricio Rodríguez Sánchez and Francisco Palomo for Efraín Ríos Montt. Despite multiple requests to be removed from the case once Calderón was reinstated as Rodríguez Sánchez' lawyer, public defender Otto Ramírez was not removed from the defense. Judge Barrios indicated the need to ensure continuity in the event Calderón abandoned the defense once again.

Proceedings continued with a long and heated argument by Gudiel, touching on legal points ranging from the recusal of Judges Barrios and Xitumal to the annulment of yesterday's proceedings because he was not present due to illness.

Gudiel: "I'm enough of a big boy to tolerate kidney stones," referring to calling in sick to #GenocideGT trial yesterday.
— NISGUA (@NISGUA_Guate) May 8, 2013

Before the judges could move to deliberations, public prosecutor Orlando López interjected with a surprising announcement:

Pub prosecutor announces has video of defense lawyer Gudiel at the Public Ministry yesterday, contradicting his claims he was gravely ill.
— NISGUA (@NISGUA_Guate) May 8, 2013

The audience then viewed date/time-stamped videos and stills showing Gudiel walking without difficulty. The prosecution argued against Gudiel's motion to annul yesterday's proceedings, as well as the point of recusal.

After deliberating, the judges ruled against Gudiel stating the trial proceedings would move forward. What followed was a tirade from Gudiel that stunned courtroom observers and later prompted a complaint to be filed before the Guatemalan Bar Association.

Gudiel raises his voice to judges in #GenocideGT trial: I warn you..I won’t rest until I see you in prison.
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel yells in #GenocideGT trial: You must suspend this debate, I say to the world, Listen! The sentence says this trial must be suspended!
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel is now all out screaming at judges & waving his hands in the #GenocideGT trial.
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel yells again: I say publically, I will not rest until I see you all charged.
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel spews at #GenocideGT judges: You don't deserve to be in your positions..What kind of principles did they teach you.
— NISGUA (@NISGUA_Guate) May 8, 2013

The judges, after calmly listening to Gudiel, address the court.

Barrios reminds lawyers of professional code of ethics, "All human beings deserve respect…lawyers have to respect these norms and ethics."
— NISGUA (@NISGUA_Guate) May 8, 2013

After deliberating Judge Barrios stated, "It’s important to state we don’t accept threats of any kind...We don't accept threats of any kind because we believe in judicial independence." They once again reject Gudiel's motion and order the trial to continue after the lunch recess.

Upon return from the lunch hour, Judge Barrios asked for the defense to present their final witnesses. Habitually unable to provide them when called upon, the defense once again offered reasons why they didn't have witnesses ready, asking for a continuance until the morning. The judges did not accept the requests attempting to delay the trial further, stating the defense has had ample opportunities to present their witnesses as well as an obligation to have their evidence ready starting at the beginning of the trial. It is important to note 94 Ixil survivors travelled great distances to give their testimony at the start of the trial, without delaying the proceedings.

Then, incredibly, Judge Barrios asked the public prosecutor's office to present their closing arguments. After almost three weeks of delays, dashed and then revitalized hopes, legal battles and suspended hearings, the genocide trial moved into the conclusions phase, a stage in the trial process many had both expected and doubted would ever happen.

Public prosecutor Orlando López' closing arguments began by outlining Ríos Montt's consolidation of state power, with an analysis particularly relevant to current events taking place in Guatemala.

Relevant to today: Public Prosecutor qualifies the months #RiosMontt was in power as a state of siege.
— NISGUA (@NISGUA_Guate) May 8, 2013

A presentation displayed to the court provided analysis of the military's Counterinsurgency Manual, Plan Victoria 82 and Plan Sofía documents, the National Development Plan and defense witness Quilo Ayuso's testimony. This included an outline of the military's structure and chain of command, high military command's planning and operations strategies, as well as communications structures to show the defendants were aware of the implementation of their plans. The public prosecutor discussed the military's definition of the Ixil people as an internal enemy of state, the use of sexual violence and the forced transfer of Ixil children. In addition to document evidence, López provided a summary of the 94 eyewitness testimonies heard during the first weeks of the trial and the forensic anthropology evidence submitted.

We will be publishing in-depth coverage of the prosecution's concluding arguments soon; stay tuned.

The public prosecutor's arguments concluded with the request that Efraín Ríos Montt and José Mauricio Rodríguez Sánchez be found guilty of genocide and crimes against humanity and given the maximum sentence of 75 years.

Tomorrow civil plaintiffs from the survivor organization AJR (Association for Justice and Reconciliation) and CALDH (Center for Human Rights Legal Action) will each have two hours to provide their closing arguments, at which time the concluding statements from the defense will be heard. After conclusions, the plaintiffs and defendants will be given the opportunity to make requests of the court. It is anticipated that AJR President Benjamin Jerónimo will make a statement on behalf of the victims and survivors.

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.