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.

Ríos Montt ordered to undergo a full psychiatric review

"We can't allow the massacres in our communities to remain in impunity. We've already achieved our sentence, but we're ready for it to be declared a second time because we know there was genocide." - Julia Cortéz, spokesperson for the Association for Justice and Reconciliation (AJR), plaintiff in the genocide case.

Questions surrounding ex-general Ríos Montt's health and mental capacities took center stage on Thursday during attempts to restart the Guatemala genocide trial, ending in a court order to intern the former dictator for ten days at the Federico Mora psychiatric hospital. Judge María Eugenia Castellanos, president of the High Risk Crimes Court Tribunal B, ordered Ríos Montt to undergo a physical and psychiatric review to determine whether he is mentally fit to be re-tried. This order was undermined by a series of legal actions by the defense; the first, a habeas corpus filed with a separate court, which halted the transfer scheduled for Saturday, July 25. Ríos Montt was eventually granted the right to be evaluated in a private facility.

The July 23 decision came after 8 hours of fits and starts in the proceedings due to a procedural delay in the morning, multiple defense arguments that the ex-general was unable to move or stand trial and technical problems with the internet teleconference in Ríos Montt's home. The Public Prosecutor slammed the INACIF (National Forensic Institute) report issued two weeks ago, claiming Ríos Montt is unfit to stand trial, or even be re-evaluated. The report describes that at the time of the evaluation, Ríos Montt was under the influence of medications which could present a serious health risk to the 89-year old, including Olanzapine (anti-psychotic), Tramadol (opiod) and Valdure (analgesic). Other anomalies in the INACIF report were the use of a psychological and not psychiatric methodology, and that Ríos Montt’s private physician and his daughter, presidential candidate Zury Ríos, were the only people present at the evaluation.

After a long deliberation, the tribunal ordered the ten-day internment at the state-run mental health facility for a full physical and psychiatric evaluation. That Ríos Montt was ordered to Federico Mora, a state mental health facility with a reputation for its poor conditions, caused surprise in the courtroom.

That Saturday morning, the Public Prosecutor and National Police arrived at Ríos Montt’s home to carry out the order issued by Tribunal B. However, the defendant’s lawyers appeared with notification of a last-minute habeas corpus, provisionally approved by the Femicide Appeals Court, which sought to prevent his transfer by requesting a personal appearance in court. The same Femicide Court rejected the request just four days later, but the defense immediately filed and was granted another appeal with a separate court that once again stalled Ríos Montt's transfer to the state facility and instead ordered his internment in a private hospital.

All parties went back to court on August 4 at which time the Tribunal B upheld the ruling by the lower court by agreeing to allow Ríos Montt to be evaluated at a private facility. In a hearing scheduled for August 18, the Tribunal B will evaluate the results of the new psychiatric examination and determine if Ríos Montt is mentally fit to stand trial.

UN CICIG chief: If judicial system doesn't assume responsibility, MP & CICIG efforts can do little vs corruption https://t.co/gsLEULXpYV

— NISGUA (@NISGUA_Guate) July 26, 2015

This is the second attempt to restart the trial after the Constitutional Court overturned the 2013 verdict sentencing Ríos Montt to 80 years in prison for crimes against humanity and genocide against the Ixil people. Judge recusal motions and claims that Ríos Montt is unfit to stand trial have been the primary strategy of the defense in stalling the opening of the second public hearing. Until the issue of Ríos Montt’s evaluation is resolved, the 2nd public hearing of the genocide is stalled.

For more information about the INACIF report, read the response from survivors after the report was issued.

Ongoing accompaniment and international observation is being requested by both the survivor organization and their legal teams for the re-trial. 

NISGUA, through the international coalition ACOGUATE, has provided human rights accompaniment to the witness' organization, the Association for Justice and Reconciliation since 2000. Follow NISGUA_Guate on Twitter for live updates.

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