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.

Ixil communities of Nebaj express opposition to US-led extraction in their territory

"Historically, we have never received the support of the state or the government for our development, which is why it seems fair that we be able to take advantage of our own natural resources in order to improve the living conditions of our people according to our own vision of development." 

Letter from communities of Nebaj to US-owned Double Crown Resources Inc.

In May 2014, US-owned natural resource exploration and development company, Double Crown Resources, Inc., bought the exclusive rights to all barite production from the Bilojom II mine site located near Salquil Grande, Vicalamá and Tzalbal, three Maya Ixil communities in the municipality of Santa Maria Nebaj. Despite having already presented their formal opposition to the imposition of large-scale projects on their territory to the Guatemalan Congress in 2010, plans to ramp up the extraction of barite, a non-metalic mineral used primarily for petroleum and natural gas drilling and extraction processes, continue.

In response, representatives from the affected communities submitted letters to Guatemalan and international authorities in which they reject the extraction of barite on their communally owned lands and demand respect for the right to consultation and self-determination.

Community representatives meet with the Guatemala Human Rights Ombudsman. Photo NISGUA

NISGUA joined the communities in submitting our own letter to Double Crown Resources (en español aquí) expressing our concern regarding the imposition of mining projects without the free, prior and informed consent of the indigenous population. Likewise, we are concerned by the participation of a US-owned company in the ongoing usurpation and exploitation of Ixil lands and peoples given the history of genocide and forced displacement in the region during the internal armed conflict.

While clandestine extraction of barite from the region known as Corralcub has been occurring illegally since the early 1990s, the involvement of Double Crown Resources, through their relationship with the Mexico-based Geominas de Guatemala S.A., indicates a concerning turning point for the imposition of large-scale extractive projects in the department of Quiché. Double Crown Resources plans to export an estimated 10 thousand metric tons of what they consider to be extremely high-quality barite to their soon-to-be completed processing plant in New Orleans, LA.

Widespread community opposition is focused on concerns regarding the impact on local water sources. During a previous phase of barite extraction beginning in 2003, Geominas utilized dynamite to remove the mineral, causing massive destruction of the natural environment that local communities depend on. Communities explain the impacts stating, "As a result of the constant explosions, the springs from Vijolom II that served the community of Salquil Grande dried up, and thousands of people in the surrounding  communities were left without drinking water."

In their letter, communities also call into question the legality of the mining licenses given that the land in question is communal property of the ejido of the municipality of Santa Maria Nebaj. "This land is the property, not only of the municipality of Nebaj, but also of each and every citizen of the municipality. This is to say that the land is communally owned and managed by the indigenous farming communities and is protected under the communal system by the communities and peoples, as well as by their municipal authorities."

NISGUA has provided on-the-ground human rights accompaniment to communities, witnesses and survivors in the municipality of Nebaj since 2001 when the legal case for genocide and crimes against humanity against former general Efraín Ríos Montt was filed. In May 2014, the witnesses and survivors of the Association for Justice and Reconciliation along with their legal team, achieved what many believed was impossible – Ríos Montt was convicted of genocide and crimes against humanity and sentenced to 80 years in prison.

Over the years, we have heard stories from our partners in Nebaj about how the violence of the 1980s sought to eliminate their families and communities through massacres, extra-judicial executions and forced displacement. We have also heard about the ways in which that violent past has continued into the present – how the current attempts to remove the indigenous Ixil population from their ancestral, communal lands ring as alarming echoes of the past. 

Certainly the tactics have changed – communities are not attacked with tanks and bombs, but rather by an army of multi-national development firms that threaten their communities with the very same displacement and loss of culture. The opposition to Bilojom II mine is just one of many examples throughout Guatemala in which indigenous communities, in the midst of healing and seeking justice for the deep wounds of the armed conflict, have stood up in defense of their land, livelihoods and culture.

Worldwide Day of Action: Celebrating the one-year anniversary of the Genocide Sentence

On May 10, supporters, scholars and students from over a dozen countries celebrated the one-year anniversary of the genocide sentence. The worldwide day of action brought together communities to support the survivors' decades-long struggle for truth and justice in Guatemala. People across the world read the sentence aloud, participated commemorative events and shared personal reflections. In Guatemala City, the one-year anniversary was celebrated in the Central Park with videos from the genocide trial, readings from the sentence and live music. The day prior, a conference titled "Dignifying the People's Truth" invited Ixil witnesses and experts involved in the trial to reflect on their experience and the importance of the process. NISGUA participated in the worldwide action by inspiring our grassroots network to organize events across the United States.

Below is a selection of videos of community actions held for the genocide sentence across the world. 

From NISGUA's network in Oakland, CA, Sue, Adolfo and Renee share readings of the historic genocide sentence and their personal reflections about its significance:

From the Ixil region in Guatemala, members of the Ixil Ancestral Indigenous Authority and other community members talk about the importance of the sentence to them and to their people:

From Buenos Aires, Argentina, scholars, students, professors and activists read excerpts from the genocide sentence:

Members of Collectif Guatemala, read the historic document in Paris:

Spanish partners, La Plataforma de Solidaridad con Chiapas, Oaxaca y Guatemala de Madrid,  organize multiple May 10 events in Madrid, Spain:

From Argentina, Costa Rica, Colombia, Germany and Puerto Rico, solidarity activists read portions of the genocide sentence:

From Australia, university students read from the sentence:

In Mexico City, Mexico, the National Autonomous University of Mexico hosted a conference on the impacts of the genocide sentence, one year later:

From the Radical Americas Network and a number of English universities, students and professors comment on the importance of the genocide sentence and read excerpts:

One year from the genocide sentence, the Guatemala Asociación Comunicarte released this moving footage of the original reading of the verdict.

Thanks to Skylight Pictures, we can also relive the genocide sentence word-for-word as read by Judge Yassmín Barrios on May 10, 2013:

Check out more videos and other media related to May 10 posted on the Guatemala 10 de Mayo, Sentencia por Genocidio Facebook page and on the Para que se Conozca Blog.  

Worldwide action for the one-year anniversary of the genocide sentence

“We must raise awareness [so] that these kinds of events are never repeated, because the people of Guatemala want to live in peace, acknowledging our identity, our rich multicultural, multilingual [heritage] and the respect for the freedom of expression of our ideas.” 

-Genocide sentence (page 89 in English translation)

Photo: CMI Guatemala

This coming May 10, people around the world will celebrate the first anniversary of the Guatemalan genocide sentence against Efraín Ríos Montt.

On this day, we will remember when the High Risk Crimes Court “A”, presided over by Judge Yassmín Barrios, condemned former General José Efraín Ríos Montt to 80 years in prison for genocide and crimes against humanity.

In commemoration of the first anniversary of this historic sentence for the genocide perpetrated against the Maya Ixil people in Guatemala, activities to read parts of the sentence are being organized in distinct locations across the world.

This idea was originally proposed by Dr. Marta Elena Casaús Arzú for men, women, academics, artists, students, families, religious groups and social organizations in Guatemala and elsewhere to join together in solidarity with the survivors who bravely shared their stories during the genocide trial.

The easiest way to join in is through Facebook and your own social media networks!

How?

• On your own or as a collective, select a phrase or paragraph* of the genocide sentence that has impressed you, that you consider to be important, that you want to emphasize so that it will be remembered.
• You can share the phrase on your Facebook or Twitter with the hashtag #GenocideSentenceGT, #sentenciaporgenocidio, #YesItWasGenocide, #Sihubogenocidio.
• Record yourself reading the sentence, either audio or video, and share it via Instagram, Vine, Flipagram, YouTube, Facebook or Twitter.
• Share your action with photos or drawings. Write a song or poem!
• Tag your post with these Facebook pages: Network in Solidarity with the People of Guatemala and Sentencia por Genocidio, or on Twitter @NISGUA_Guate. 
• If you do not have a Twitter or Facebook account, send your photos or videos directly to NISGUA, communications@nisgua.org.

We hope that this worldwide show of solidarity will bring visibility to the decades-long struggle for truth and justice in Guatemala and the achievements for justice in the historic genocide trial.

Join the movement!

Confirmed locations participating:

Guatemala City

Toulouse

Paris

Madrid

Barcelona

London

Mexico City

Buenos Aires

USA - North Carolina, New York, Massachusetts, Los Angeles, Ohio, Berkeley and Austin

Australia

Chile

Paraguay

Send us your city and state and we will add you to the list!

*You can find the portion of the genocide sentence that was read on May 10 here in Spanish or here in English (starting on page 74).

Acción mundial por el primer aniversario de la sentencia por genocidio

"No queremos que hechos de esta naturaleza vuelvan a repetirse, creemos en realidad que para que exista paz en Guatemala debe existir previamente justicia." 

- Sentencia por genocidio

Foto: CMI Guatemala

Este próximo 10 de mayo, se celebra a nivel mundial el primer aniversario de la sentencia por genocidio y por delitos contra los deberes de la humanidad en contra del general Efraín Ríos  Montt.

Recordemos que fue el 10 de mayo de 2013 que el Tribunal de Mayor Riesgo "A", presidido por la jueza Yassmin Barrios, condena al general José Efraín Ríos Montt a 80 años de prisión por genocidio y crímenes de deberes contra la humanidad.

Para conmemorar el primer aniversario de esa histórica sentencia condenatoria por el genocidio perpetrado en contra del pueblo Maya Ixil en Guatemala, se organizarán actividades en diversos lugares del mundo leyendo partes de la sentencia.

Esta idea original es propuesta por la Dra. Marta Elena Casaús Arzú a la que se unen hombres, mujeres, académicos, artistas, estudiantes, familias, religiosos, organizaciones sociales en Guatemala y el mundo, en solidaridad humana con las víctimas que valientemente contaron sus historias durante el juicio.

La manera más sencilla de hacerlo es por medio de la página en Facebook o en tu propia red social.

¿Cómo?

• Puedes hacerlo de manera individual o colectiva.
• Debes leer una frase o un párrafo* de la sentencia que te haya impresionado, o consideres importante resaltar para no olvidar.
• Puedes escribirla entrecomillada, con un post en Facebook o Twitter con el hashtag #sentenciaporgenocidio #genocidiogt #sihubogenocidio. 
• Puedes grabarte leyéndola, ya sea en audio o video, a través de Instagram, Vine, Flipagram, YouTube y otras plataformas.
• Puedes postear una fotografía o un dibujo. Puedes hacer una canción o poema!
• Puedes etiquetar en tu publicación a las páginas de  Facebook: Network in Solidarity with the People of Guatemala y Sentencia por Genocidio o en Twitter @NISGUA_Guate.
• Si no tienes una cuenta de Facebook o Twitter, puedes compartir tus fotos o videos directamente con NISGUA, escríbenos a communications@nisgua.org.

Esperamos que esta muestra de solidaridad a través del mundo traiga visibilidad en la lucha por la justicia en Guatemala y hagamos de éste país un lugar mejor.

Lugares de lectura:

Guatemala

Toulouse

París

Madrid

Barcelona

Londres

México

Buenos Aires

EEUU- Carolina del Norte, Nueva York, Massachusetts, Los Ángeles, Ohio, Berkeley, Austin

Australia 

Chile

Paraguay

Únete a la lista!

*Se puede encontrar la lectura de la sentencia por genocidio aquí en español y aquí en inglés (empezando con la página 74).

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. 

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"

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."

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

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 26: Benjamin Jerónimo on behalf of AJR, "I ask that justice be done... so the survivors can feel peace"

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 and our full archive of ongoing live Twitter coverage.

Benjamin Jerónimo, plaintiff on the genocide trial, was given an opportunity to address the court and make a request to the judge on behalf of the survivors and as President of the Association of Justice and Reconciliation. We are honored to provide the complete unofficial transcript. You can listen to the recording (in Spanish) of his full statement here. See our full coverage of day 26 conclusions here.

Benjamin Jerónimo makes statement in genocide trial. Photo: Xeni Jardin 

Good afternoon honorable court. Madame Judge, thank you for the space you’ve given me to speak. The truth is I want to express the following; I want to say to you, in name of the victims, in name of the survivors, in name of Guatemala, I also want to say I'm a survivor of [the massacre of] 256 members of my community in the time of Efraín Ríos Montt.

In name of the Association [for Justice and Reconciliation], I want to express that during this trial, we have seen much opposition on behalf of the defense of the accused. We have seen the opposition that they have not had the courage to [inaudible]. The truth is, God created man and woman in his own image to multiply in the world.

And this image, in the first two articles of the Constitution of Guatemala it is established that the state has the obligation to guarantee and protect life, freedom, security, the peace of those created in God’s image. Nonetheless, honorable tribunal, things were done in the opposite manner by the military. Although they came here to say they were not responsible, that they were coming to the communities to protect the population, this is false. These are lies. I saw them with my own eyes. I didn’t come here to lie. As the witnesses said, one of them said it wasn't only in the Ixil that massacres were committed but in five regions of the country, against the Maya Ixil people.

I want to say to you honorable tribunal, please issue a condemning sentence against those responsible. We ask that a sentence be issued to create precedent for the people of Guatemala. In that time, in 1982, we the indigenous were accused of being terrorists, communists, subversives and genocide was committed. Defenseless children, pregnant women, elderly were killed.

Genocide was committed, crimes against humanity were committed and today, 100 witnesses came to tell the truth, to ask for justice for all that we suffered, publicly.

Even our lawyers are being threatened, for being subversives, terrorists, communists. However, honorable tribunal, a terrorist never comes to ask for justice through and in accordance with the law as we have in this tribunal. Never. The military were terrorists because they committed genocide and crimes against humanity. 100s of women and children were disappeared.

The defense lawyers say there is no document that says that it was done intentionally. Nonetheless, honorable tribunal, no one sets fire to their own house. And that’s why it doesn’t appear in any document.

In this manner I supplicate you to do justice, for the murdered victims, so the survivors can feel peace, can feel trust and that they can have a renewed trust in the authorities.

Not only does our Constitution establish justice, respect but there are also international conventions and treaties that obligate respect for the life of human beings. All who died, all the family members that we lost, we were not animals, they were not dogs or beasts or other type of animal, they were human beings who had the right to life, the right to freedom, right to peace, to security. Nonetheless what is established was not complied with.

Also, the bible says, A bad person knows their fellow bad person. Hypocritical people also know their fellow hypocrites. And that’s why much has been discussed in this tribunal so as to not accept the truth. After hearing the witnesses, the experts, once again they accuse us of being guerrillas, subversives, communists.


In this way, I ask you once again, honorable tribunal, that you do justice in accordance with the law, in accordance with our Guatemalan constitution, in accordance with international treaties & conventions. Also, that those responsible for genocide and crimes against humanity be investigated and prosecuted.

I also ask you, we should no longer have the military in communities, continuing to threaten the Ixil people, the Maya people, the Achí people. It’s no longer time for that; this is why the Peace Accords were signed, to respect rights.

Also, the family members, those linked to them, the veterans’ association, they come to this tribunal, they say publicly that this justice endangers the peace accords. This is false, honorable tribunal.

We are not looking for vengeance, we are looking for a true peace with justice, with respect, with equality, with dignity, that is why we are here.

So I ask you once again, the moral reparations to the victims, the protection of the witnesses, of our lawyers, that all of the Maya people be respected and protected. It is written that it's easier for a camel to pass through the eye of a needle than for a rich genocidal person (un rico genocido) enter into the kingdom of heaven.

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.