Organizaciones indígenas guatemaltecas denuncian al estado por la ley minera ante la CIDH

Fuente: Consejo del Pueblo Maya de Occidente (CPO) – Red en Solidaridad con el Pueblo de Guatemala (NISGUA) – Alerta Minera Canadá – Centro para el Derecho Ambiental Internacional (CIEL)



(Ciudad de Guatemala/Ottawa/Washington) Martes, el Consejo del Pueblo Maya de Occidente (CPO) de Guatemala presentó una demanda ante la Comisión Interamericana de Derechos Humanos (CIDH), alegando que se aprobó la ley minera sin consulta previa tal como se requiere bajo la ley nacional e internacional. El CPO recurre a la CIDH debido a que ha agotado todos los canales disponibles a nivel nacional para poner alto a las violaciones resultando a raíz de la actual ley minera.

El CPO cuestionó la constitucionalidad de la ley minera de 1997 por primera vez en una demanda interpuesta ante la Corte de Constitucionalidad de Guatemala en julio de 2012. Sin embargo, en marzo de 2013, la Corte de Constitucionalidad falló a favor de la vigencia de la ley minera, contraviniendo las obligaciones legales que tiene Guatemala de consultar la población indígena antes de aprobar políticas que podrían afectar sus territorios de forma significativa.

“Creemos que la decisión de la Corte de Constitucionalidad es ilegal y contradictoria, dado que la misma corte decretó en 2011 que la consulta es un derecho constitucional de los pueblos indígenas de Guatemala. La ley de minería no fue consultado con los pueblos indígenas a pesar que es una medida legislativa susceptible de afectar nuestra forma de vida y que el estado de Guatemala se comprometió de cumplir al ratificar instrumentos internacional de derechos colectivos de pueblos indígenas como el convenio 169”, dijo Lucia Xiloj, abogada y miembro del equipo legal del CPO.


Con más de 360 licencias otorgadas y más de 600 pendientes, el sector minero en Guatemala ha dado lugar al aumento del conflicto y la violencia en diversas partes del país. Al raíz de estos conflictos está la falta de respeto para el consentimiento libre, previo e informado de las comunidades afectadas por los proyectos y las políticas mineras.

Desde 2005, casi un millón de personas han votado en contra de la minería en sus territorios en 78 consultas comunitarias realizadas en el país. Además, una encuesta libre publicada en enero de 2013 demostró que 66% de guatemaltecos rechazan la actividad minera. Sin embargo, ni el gobierno ni las empresas mineras han respetado las decisiones comunitarias; al contrario, se ha intensificado la represión contra quienes se oponen a la minería.

“El conflicto, que tiene a su raíz la violación del derecho a la consulta, ha resultado en ataques violentos y muertos, y la criminalización y persecución de líderes comunitarios”,  dijo Lolita Chávez, miembro del CPO y firmante de la denuncia ante la CIDH.



Bajo el Acuerdo Sobre Identidad y Derechos de los Pueblos Indígenas en los Acuerdos de Paz de Guatemala, la Convención Americana sobre Derechos Humanos, el Convenio No. 169 de la Organización Internacional del Trabajo, y la Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas, Guatemala está obligada a respetar el derecho de los pueblos indígenas al consentimiento libre, previo e informado sobre cualquier proyecto que podría impactarles de una forma adversa, y de consultarlos antes de aprobar leyes o iniciativas administrativas que afectarían sus derechos. 

“Una respuesta favorable de la Comisión Interamericana a este caso es de gran importancia, dado que la actual ley minera ha permitido que empresas mineras, de los Estados Unidos y Canadá en particular, explotan los territorios indígenas con una falta de consideración total para la toma de decisiones de los pueblos indígenas sobre sus territorios y recursos naturales”, dijo Kris Genovese, abogada del Centro para el Derecho Ambiental Internacional en Washington D.C.

El Consejo del Pueblo Maya del Occidente es una coalición de autoridades indígenas e instituciones de siete departamentos de Guatemala. La denuncia puesto ante la CIDH tiene 32 firmantes en representación de 8 pueblos indígenas que conforman el Consejo del Pueblo Maya del Occidente. Cada firmante fue elegido durante asambleas comunitarias llevado a cabo antes de sentar la denuncia.

Contactos
Ellen Moore, NISGUA, ellen(at)nisgua.org, (510) 868-0612
Jen Moore, MiningWatch Canada, jen(at)miningwatch.ca, (613) 569-3439
Amanda Kistler, Centro para el Derecho Ambiental Internacional, akistler(at)ciel.org, (202) 742-5832

Antecedentes

En mayo, se mandó el ejército a las comunidades indígenas y no-indígenas por el proyecto Escobal de Tahoe Resources, un proyecto minero de plata al sur de la Ciudad de Guatemala, después de un aumento en la violencia en la zona, lo que incluyó el disparar por parte del equipo de seguridad de la mina en contra de un grupo manifestando de forma pacífica en frente del proyecto. El gerente de seguridad de la empresa y su asesor están actualmente enjuiciados y esperando una audiencia sobre su presunto involucramiento en ordenar y después encubrir evidencia sobre el ataque.

Tahoe Resources es un empresa estrechamente relacionado a la Goldcorp, la cual vendió el proyecto Escobal a Tahoe en 2010 y que actualmente posee 40% de sus acciones y con múltiples puestos en su junta directiva. La mina Marlin de Goldcorp en el noroeste de Guatemala ha sido una fuente de tensiones continuas por falta de respeto a los derechos y las tierras indígenas, y por impactos sobre las fuentes de agua y la salud pública.

Durante casi un año y medio, los pobladores en La Puya, inmediatamente al norte de la Ciudad de Guatemala, han sostenido un bloqueo pacífico en la entrada del proyecto minero Tambor. Este proyecto se encuentra actualmente en manos de Kappes Cassidy & Associates, que adquirió el proyecto de Radius Gold, con sede en Vancouver, en agosto de 2012, después del atento contra de Yolanda Oquelí. Quienes se oponen al proyecto han sufrido amenazas repetidas por parte de los empleados de la empresa durante los últimos diez meses, a pesar de haber entrado en un diálogo de alto nivel con el gobierno en junio.

En agosto, Derechos en Acción reportó que un grupo de mujeres en la municipalidad de El Estor están enfrentando intimidación y hostigamiento por su participación en llevar tres demandas en contra de Hudbay Minerals, con sede en Toronto. Las demandas refieren a la violación sexual de un grupo de once mujeres durante un desalojo forzoso en 2007, y el asesinato a tiros en 2009 de Adolfo Ich Chamán y paralisis de German Choc. Se está litigando el caso en una corte de la provincia de Ontario, Canadá y marcan la primera vez que las cortes canadienses admiten un caso en contra de una empresa matriz por presuntos abusos por parte de su empresa filial en la extranjera.

Comunicado del CPO: El Consejo de los Pueblos Mayas y Xinca, denuncian al estado de Guatemala ante la Comisión Interamericana de Derechos Humanos


Porque la Corte de Constitucionalidad, mediante sentencia emitida el 28 de febrero de 2013, resolvió sin lugar la acción de inconstitucionalidad planteada en contra de la Ley de Minería el 12 de marzo de 2012.



Dicha sentencia incurrió al Estado de Guatemala en responsabilidad internacional al dejar vigente la Ley de Minería; no obstante la obligación internacional del Estado de garantizar el ejercicio efectivo de nuestros derechos políticos de participación, consulta y consentimiento en materia legislativa.



Los derechos humanos colectivos e individuales que han sido violentados por el Estado de Guatemala incluyen:



a. Derechos políticos ―derechos de participación, consulta y consentimiento―, reconocidos en el artículo 23.1.a de la Convención Americana sobre Derechos Humanos (la Convención).


b. Derecho de igualdad ante la ley, reconocido en el artículo 24 de la Convención.


c. Derecho a las garantías judiciales y protección judicial ―derecho de acceso a la justicia―, reconocido en los artículos 8.1 y 25.1 de la Convención. En relación con los artículos 1.1 y 2 de la Convención.



Con base en la descripción de hechos y la enunciación de los derechos violentados, ante la Comisión Interamericana de Derechos Humanos solicitamos:



a. Que proceda al análisis de nuestro caso y que requiera al Estado de Guatemala las observaciones pertinentes.


b. Que emita el respectivo informe de admisibilidad.


c. Que determine la responsabilidad del Estado de Guatemala como violador de los artículos 23.1.a, 24, 8.1 y 25.1, en relación con los artículos 1.1 y 2 de la Convención Americana sobre Derechos Humanos, a través de la emisión de un informe de fondo.

Guatemalan Indigenous Organizations File Complaint over Mining Law with Inter-American Commission on Human Rights

Sources: Western Peoples' Council (CPO) - Network in Solidarity with the People of Guatemala (NISGUA) - MiningWatch Canada – Center for International Environmental Law (CIEL)

(Guatemala City/Ottawa/Washington) Tuesday, Guatemala's Western Peoples' Council of Mayan organizations (CPO) filed a petition with the Inter-American Commission on Human Rights (IACHR) alleging that the country’s mining law was approved without their prior consultation as required under both national and international law. The IACHR is the last resort for the CPO, which has exhausted all domestic recourse to halt violations as a result of current mining legislation.



The CPO first challenged the constitutionality of the 1997 Mining Law in a July 2012 suit filed with Guatemala’s Constitutional Court. In March 2013, however, the Constitutional Court upheld the mining law, contradicting Guatemala's legal obligations to consult with indigenous peoples before the approval of policies that will significantly impact their territories.

“We believe that Constitutional Court’s decision is illegal and contradictory, given that the same court ruled in 2011 that consultation is a constitutional right of indigenous peoples in Guatemala. Indigenous peoples were not consulted on the Mining Law despite its implications for our way of life and the state’s commitment to respect the collective rights of indigenous people under international legal instruments such as the International Labour Organization’s Convention 169,” said Lucia Xiloj, attorney and member of the CPO legal team.



With over 360 mining licenses issued and more than 600 pending, Guatemala’s mining sector has been in the spotlight for increasing conflict and violence across the country. At the root of these conflicts is the lack of respect for free, prior and informed consent of affected communities at the project and policy level.



Nearly a million people have voted against mining on their territories in 78 community referenda held throughout Guatemala since 2005. A public opinion survey published in January 2013 further demonstrated that some 66% of Guatemalans are opposed to mining. Nonetheless, neither the government nor the mining companies have respected community decisions; instead repression against those opposed to mining has intensified.

“The conflict, which has at its root the violation of the right to consultation, has resulted in targeted attacks and death, as well as the criminalization and persecution of community leaders,” said Lolita Chavez, member of the CPO and a signatory on the IACHR complaint.



According to the Agreement on Identity and Rights of Indigenous Peoples in Guatemala’s Peace Accords, the American Convention on Human Rights, the International Labour Organization Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples, Guatemala is obliged to respect the right of indigenous peoples to free, prior and informed consent for any project that could adversely impact them, and to consult with them before passing laws or administrative initiatives that would affect their rights.
 


“A favorable response from the Inter-American Commission on this case is vitally important, given that the current mining law has allowed Canadian and U.S. mining companies in particular to exploit indigenous territories with complete disregard for indigenous peoples' decision-making processes regarding their lands and resources,” said Kris Genovese, Senior Attorney with the Center for International Environmental Law in Washington D.C.



The Western People’s Council is a coalition of indigenous authorities and institutions from seven departments of Guatemala. The complaint filed in the IACHR has 32 signatories representing 8 indigenous groups that make up the Western Peoples’ Council. Each signatory was elected during community assemblies carried out during the weeks leading up to the filing.
 


Contacts

• Ellen Moore, NISGUA, ellen(at)nisgua.org, (510) 868-0612
• Jen Moore, MiningWatch Canada, jen(at)miningwatch.ca, (613) 569-3439 
• Amanda Kistler, Center for International Environmental Law, akistler(at)ciel.org, (202) 742-5832

Background 



In May, the military was sent into indigenous and non-indigenous communities in the area of Tahoe Resources’ Escobal silver project south of Guatemala City, following increased violence in the region, including a shooting against protesters demonstrating peacefully outside the mine site. The company’s head of security and his advisor are currently awaiting trial for their alleged involvement in ordering and then covering up evidence of the attack.



Tahoe Resources is a spin-off from Goldcorp, which sold the Escobal project to Tahoe in 2010 and which now holds 40% of Tahoe’s shares and multiple positions on its board of directors. Goldcorp’s Marlin mine in the northwestern highlands of Guatemala has been the source of continuing tensions over lack of respect for indigenous rights and land, and impacts on water supplies and public health.



For nearly a year and a half, community members in La Puya, just north of Guatemala City, have been peacefully blocking entry to the Tambor mine project currently in the hands of Kappes Cassidy & Associates, which took over the project from Vancouver-based Radius Gold in August 2012 following the shooting of Yolanda Oquelí. Community members opposing the project have faced repeated threats from company workers during the last ten months, despite entering into a high-level dialogue with the government in June.



In August, Rights Action reported that female plaintiffs are facing intimidation and harassment for having brought three lawsuits against Toronto-based Hudbay Minerals regarding the gang rape of a group of women during a forced eviction in 2007 and shootings in 2009 in the eastern municipality of El Estor. The lawsuits are taking place in an Ontario court and mark the first time that alleged human rights abuses regarding a foreign-owned subsidiary have been admitted against a parent company in Canada.


CPO Communiqué: The Council of Maya and Xinca Peoples Denounces the Guatemala State in the Inter-American Commission on Human Rights

On February 28, 2013, the Guatemalan Constitutional Court dismissed the Council’s challenge of unconstitutionality filed against the mining law on March 12, 2012. 

As a result of leaving the current Mining Law in force, the State of Guatemala violates its responsibilities under international law, under which it is obliged to guarantee the effective exercise of our rights to political participation, consultation and consent regarding such legislation.

The collective and individual human rights that have been violated by the State of Guatemala are:

a.    Political Rights – the rights to participation, consultation and consent as recognized in article 23.1 of the American Convention on Human Rights (The Convention).
b.    Right to equality under the law as recognized in article 24 of the Convention.
c.    Right to legal guarantees and judicial protection – right to access to justice – as per articles 8.1 and 25.1 of the Convention, in relation to articles 1.1 and 2 of the Convention.

Based on the description of the facts and declaration of the rights that have been violated; we request that the Inter-American Commission on Human Rights:

a.    Proceed with the analysis of our case and request the relevant observations from the state of Guatemala;
b.    Emit the pertinent report regarding admissibility of the case;
c.    Determine the responsibility of the state of Guatemala for violation of articles 23.1.a., 24, 8.1, and 25.1, related to articles 1.1 y 2 of the Convention through the elaboration of an in-depth report.

El Consejo de los pueblos Mayas y Xinka denuncian al estado de Guatemala ante la CIDH

El Consejo presenta su denuncia el 3 de septiembre de 2013. Foto: CPO

EL CONSEJO DE LOS PUEBLOS MAYAS Y XINKA, DENUNCIAN AL ESTADO DE GUATEMATEMA ANTE LA COMISIÓN INTERAMERICANA DE DERECHOS HUMANOS

Porque la Corte de Constitucionalidad, mediante sentencia emitida el 28 de febrero de 2013, resolvió sin lugar la acción de inconstitucionalidad planteada en contra de la Ley de Minería el 12 de marzo de 2012.

Dicha sentencia incurrió al Estado de Guatemala en responsabilidad internacional al dejar vigente la Ley de Minería; no obstante la obligación internacional del Estado de garantizar el ejercicio efectivo de nuestros derechos políticos de participación, consulta y consentimiento en materia legislativa.

Los derechos humanos colectivos e individuales que han sido violentados por el Estado de Guatemala son:

a. Derechos políticos ―derechos de participación, consulta y consentimiento―, reconocidos en el artículo 23.1.a de la Convención.

b. Derecho de igualdad ante la ley, reconocido en el artículo 24 de la Convención.

c. Derecho a las garantías judiciales y protección judicial ―derecho de acceso a la justicia―, reconocido en los artículos 8.1 y 25.1 de la Convención. En relación con los artículos 1.1 y 2 de la Convención.

Con base en la descripción de hechos y la enunciación de los derechos violentados, ante la Comisión Interamericana de Derechos Humanos solicitamos:

a. Que proceda al análisis de nuestro caso y que requiera al Estado de Guatemala las observaciones pertinentes.

b. Que emita el respectivo informe de admisibilidad.

c. Que determine la responsabilidad del Estado de Guatemala como violador de los artículos 23.1.a, 24, 8.1 y 25.1, en relación con los artículos 1.1 y 2 de la Convención Americana sobre Derechos Humanos, a través de la emisión de un informe de fondo.

Ciudad de Guatemala; 3 de Septiembre de 2013.

The Council of Maya and Xinca Peoples denounces the Guatemalan State in the IACHR

The Council presents their demand on September 3, 2013. Photo: CPO

THE COUNCIL OF MAYA AND XINCA PEOPLES DENOUNCES THE GUATEMALAN STATE IN THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

On February 28, 2013, the Guatemalan Constitutional Court dismissed the Council’s challenge of unconstitutionality filed against the mining law on March 12, 2012. 

As a result of leaving the current Mining Law in force, the State of Guatemala violates its responsibilities under international law, under which it is obliged to guarantee the effective exercise of our rights to political participation, consultation and consent regarding such legislation.

The collective and individual human rights that have been violated by the State of Guatemala are:

a.    Political Rights – the rights to participation, consultation and consent as recognized in article 23.1 of the American Convention on Human Rights (The Convention).

b.    Right to equality under the law as recognized in article 24 of the Convention.

c.    Right to legal guarantees and judicial protection – right to access to justice – as per articles 8.1 and 25.1 of the Convention, in relation to articles 1.1 and 2 of the Convention.

Based on the description of the facts and declaration of the rights that have been violated; we request that the Inter-American Commission on Human Rights:

a.    Proceed with the analysis of our case and request the relevant observations from the state of Guatemala;

b.    Emit the pertinent report regarding admissibility of the case;

c.    Determine the responsibility of the state of Guatemala for violation of articles 23.1.a., 24, 8.1, and 25.1, related to articles 1.1 y 2 of the Convention through the elaboration of an in-depth report.

Guatemala City, September 3, 2013

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. 

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. 
 

Genocide on Trial, Day 23: Proceedings continue, trial will reconvene on May 7

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.


Yesterday, May 2, was the second day of genocide trial proceedings after an almost 2 week suspension. Moving forward at breakneck speed the first 5 weeks, the trial has not quite gotten back on its feet since reconvening after the defense counsel walkout and lower court ruling halted proceedings on April 19. At the moment the trial was temporarily suspended, only video evidence, 6 witnesses and concluding arguments remained before the judges would deliberate on the charges of genocide and crimes against humanity against Efraín Ríos Montt and José Mauricio Rodríguez Sánchez.

The day started with defense counsel Francisco García Gudiel failing once again to produce witnesses as ordered by the court. Judge Jazmín Barrios allowed 45 minutes for the defense to produce their video evidence and ordered them to have witnesses ready by 1pm in the afternoon.

Gudiel: It's unjust to expect people to appear by 1pm today. Approx 100 #GenocideGT trial witnesses traveled from Ixil region to testify.
— NISGUA (@NISGUA_Guate) May 2, 2013

Almost two hours later, during which time the defense had problems burning their DVD and the court encountered technical problems with the viewing screen, the video evidence was finally entered into the proceedings. 3 videos, two photo montages and one live video, showed images and footage of the guerrilla, as well as graphic images of wounded soldiers. The gallery was silent as the videos were shown.

Judge Barrios then called for an early recess, until 1pm, at which time defense was ordered to produce their remaining witnesses. Gudiel announced to the press prior to the recess he would not produce any witnesses and at 1pm this statement was borne out.

Faced once again with the inability to proceed with the defense witnesses, Barrios went on to deliberate the repeated requests of the public defender, Otto Ramírez, to grant a trial continuance. Since first appearing in court on Tuesday as Rodríguez Sánchez' court appointed public defender, Ramírez has asked several times for additional days to review the genocide trial documents. Yesterday morning, the court handed him the documents he had failed to pick up over the holiday. The documents, pictured below, only constitute half of the total trial documents.

From left: José Mauricio Rodríguez Sánchez and his public defender Otto Ramírez. Stacks of trial documents obscure view of Efraín Ríos Montt, to the right.

After deliberating, Judge Barrios granted the continuance requested by Ramírez, announcing the trial would reconvene on May 7. She once again ordered the defense, to produce their remaining witnesses. Barrios warned that if they do not appear, the court will make a decision regarding how to proceed.

Although it appeared court would be adjourned for the day, Gudiel interjected with a series of motions, first arguing for trial annulment and then asking for the recusal of Judge Pablo Xitumal. Judge Xitumal, Gudiel alleged, has a personal relationship with public defender Ramírez dating back to when they worked together in the Public Defender's Office in Salamá.

After long deliberations, Judge Barrios announced that Gudiel's motions were rejected and gave a brief explanation of the judges' findings on the point of trial annulment. Then, for the first time since the start of the genocide trial, Judge Xitumal addressed the court.

There is no friendship between myself and Otto Ramírez Vazquez. The act of working together in the same institution does not signify friendship. I am an ethical person. I understand principles such as…prudence, judicial independence, truth, judiciality and solidarity. Also keep in mind that it is not the lawyer himself who is making use of this motion [to recuse]. It is malicious and in bad faith... I deserve respect, as do my colleagues and the people of Guatemala. I reiterate, I do not have any friendship with the lawyer Ramírez Vazquez. I have not had contact [with him] since October 2004, when I left my work as a public defender of the Public Defender's Office and entered into the judiciary system as a judge.

Judge Barrios then took the time to read aloud various principles from the professional code of ethics for attorneys. Before closing the proceedings, she reiterated that "delaying strategies" continue to be a tactic used in the genocide trial courtroom. At this point Gudiel insisted in loudly repeating his previous motion to annul the trial, which were briefly deliberated and rejected before adjournment.

While court will reconvene on May 7, many questions remain regarding the fate of the trial. Will Ríos Montt's defense produce the remaining witnesses or continue to use delaying tactics? Will appointed public defender Ramírez use these same strategies for his client Rodríguez Sánchez? Will lower or higher court rulings impact the trial? There are only six remaining defense witnesses and concluding arguments to be heard in order for the judges to deliberate and issue a verdict. The prosecution and judges have attempted to carry this out since April 19 and it remains to be seen what progress will be made next Tuesday.

[UPDATE, May 4: The legal entanglements of the genocide trial continue as the Constitutional Court grants an injunction in favor of Moises Galindo, lawyer for Rodríguez Sánchez, ordering a suspension so defense evidence can be integrated. The disputed evidence was integrated into the proceedings on April 5. Defense lawyers and media interpret this resolution to mean the trial is suspended, while lawyers for the survivors state the resolution does not mean suspension of the proceedings. Lawyer Hector Reyes states this is only a provisional injunction and there are other relevant motions yet to be resolved. Edgar Pérez states only procedural issues are suspended while the injunction is in process, not the hearings. Regardless, the trial is convened for May 7, when no doubt more will be revealed.]



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. 

Genocide on Trial, Day 22: Trial reconvenes and attempts to move forward

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 and our full archive of ongoing live Twitter coverage.

In a context of legal uncertainty as appeals and resolutions make their way through the Guatemalan courts, Judge Jazmín Barrios reconvened the public hearings of the genocide trial on April 30. Proceedings had been suspended for almost two weeks, during which a whirlwind of legal battles and public demonstrations about the historic genocide trial took place.

The abbreviated proceedings were just over two hours long and focused primarily on fulfilling procedural requirements for the restart of the trial and responding to defense motions. Ríos Montt appeared with defense lawyer Francisco García Gudiel, while Rodríguez Sánchez appeared without his original defense attorneys. The defense counsel for both parties staged a dramatic walkout on April 18, after which the court assigned them public defenders. Court appointed counsel, Lidia Arévalo and Otto Martínez, were present at the defense table on Monday and were officially integrated as Ríos Montt and Rodríguez Sánchez' (respectively) lawyers at the outset of the hearing.

Gudiel, who was expelled from the courtroom on March 19, was officially reinstated as Ríos Montt's defense lawyer, as ordered by the Constitutional Court. He immediately filed a motion to annul all proceedings that had taken place without him, stating he could not adequately represent his client as he was not present for all hearings. The judges rejected Gudiel's motion, citing the resolution of the Constitutional Court that "it would be illegal to reverse [the proceedings] to a prior stage." She also indicated the need to "avoid the re-victimization of the witnesses who have already testified."

Public defender Lidia Arévalo requested and was granted permission to leave Ríos Montt's defense, at which point Rodríguez Sánchez addressed the court. "I believe the law supports me in having trusted counsel," he stated. "This lawyer is not my trusted [counsel]." Public defender Otto Martínez followed with a motion asking to be dismissed from Rodríguez Sánchez' defense, "He didn't want to share anything at all about the case with us because he said we were not his trusted counsel." Public prosecutor Orlando López objected, "This is an excuse to delay the process."

After deliberations, Judge Barrios announced she would not recuse public defender Ramírez. She named the various opportunities Rodríguez Sánchez had to appoint new counsel and reiterated that he could not be left without a defense attorney. Barrios reminded him that when his counsel abandoned the hearing on April 18 he stated he had no financial resources available to contract a new lawyer and therefore the court appointed him a public defender.

Judge Barrios then continued with the procedural point of re-reading the charges to Ríos Montt, in accordance with recent Constitutional Court rulings. The full charges of genocide and crimes against humanity were read, and as a formality Ríos Montt was called to the stand to state his personal information. He was also given the opportunity to respond to the charges. Just as he had on the first day of the trial, Ríos Montt stated he understood the charges and declined to respond.

Judge Barrios then adjourned court for the day and convened all parties to appear on May 2 at 8:30am. She instructed Gudiel to produce the remaining six defense witnesses and video evidence at that time. Defense lawyer Ramírez interjected to repeat his request for a 5 day suspension of the trial in order to familiarize himself with the case. Judge Barrios stated his request would be considered on May 2.

After a tense week and a half of trial suspension, the restart of genocide trial proceedings has been cause for tentative hope on behalf of the survivors and their legal representation. It remains to be seen what impact pending Constitutional Court resolutions and probable motions by the defense will have on the future of the trial.

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. 

Genocide on Trial, Day 20: Defense grandstands; Trial proceedings at risk

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

Read our previous summaries: Day 1, Day 2, Day 3, Day 4/5, Day 6, Day 7, Day 8, Day 9, Day 10, Day 12, Days 13/14, Days 15/16, Days 17/18, Day 19 and full archive of ongoing live Twitter coverage.

A series of shocking events rocked the genocide trial today, including courtroom theater by the defense and legal proceedings which put the oral and public debate heard thus far at risk. The first upset came in the morning when the defense lawyers walked out of the proceedings, leaving the Efraín Ríos Montt and José Mauricio Rodríguez Sánchez without a defense.  In the afternoon, an injunction hearing before Judge Patricia Carol Flores ended with a ruling that stated the public oral debate should be annulled, regressing the process to November 23, 2011.

One sign of events to come was the presence of prior lawyers involved in the defense. In addition to César Calderon, Marco Antonio Cornejo, Danilo Rodríguez and Francisco Palomo, who have had consistent presence during the trial, lawyers Luis Alfonso Gonzalez Marroquin and Moises Galindo also sat at the defense table.

The morning began with yet another procedural point on the issue of the defense witnesses. The day prior, after the defense failed to produce their witnesses for a second day, the judge requested the addresses of all the witnesses. None of these witnesses were located. The judge had also instructed the defense and prosecution to come prepared with final conclusions; presumably without any additional defense witnesses this would have been the next phase of the day’s proceedings.

Instead, the defense lawyers put their strategy into action. Defense lawyer Danilo Rodríguez began by requesting, once again, that the public debate proceedings be suspended in light of a resolution by the Constitutional Court, which was scheduled to be analyzed later that day by Judge Patricia Flores. “The present debate began without finishing the intermediate phase…Therefore, the defense of Efraín Ríos Montt request that the current debate be indefinitely suspended.”

Ríos Montt's lawyer, César Calderon, reiterated the request, “The day we started this process we stated that there are pending injunctions and that this debate could not start. Against logic and against process the court started this hearing…We ask that the audience, at least for today, be suspended…today we will be returning to the intermediate phase.”

The judges rejected the request, stating the trial would not be suspended. "We wish to reiterate that the court has complied with resolutions emitted by the Constitutional Court…the process cannot be returned to a previous stage." After a second request by Rodríguez, Judge Barrios reiterated the judges' decision not to suspend the trial.

Stating that he was speaking on behalf of all the lawyers of the defense team, Calderon declared:

Since there are no further avenues to pursue and without abandoning the defense…we don’t want to participate in this illegal proceeding. We are participating in peaceful resistance in protest of the illegality of this hearing. We know of our obligations as lawyers but we will be leaving the courtroom.

At which point, all six lawyers for the defense stood up and immediately abandoned the courtroom. Family members of the defendants in the audience began clapping, while an activist threw red carnations at them, a symbol for the assassinated and disappeared.

Judge Jazmín Barrios immediately ordered court security to stop the lawyers, yelling to court officers when her microphone didn't work, "Stop them! Stop them!" Upon hearing the judge's order, the audience in the gallery erupted into deafening cheers and applause.

Following the failure of court security to detain the lawyers, who walked out of the courtroom unobstructed by court officers and police, Judge Barrios ordered them to return, saying, "If they want to exercise peaceful resistance, they will do it in the courtroom."

Ríos Montt at the defense table, without his lawyers. Photo: James Rodríguez

The prosecution lawyers subsequently made a series of requests that a defense lawyer be assigned to the defendants as their lawyers' had abandoned the courtroom. Judge Barrios allowed time for the accused to contact their legal defense, prompting Ríos Montt's first statement since the beginning of the trial, "The lawyers are not answering their telephones. I have another lawyer but he is involved in another case." José Mauricio Rodriguez added, "I do not have the funds to contract another lawyer," to which Judge Barrios replied, "We will give you time to consult your lawyers, your wife and family."

The atmosphere in the courtroom remained electric while waiting to see if the lawyers would be returned to the courtroom. Judge Barrios eventually closed the proceedings for the day, stating "The defense lawyers are ordered to appear tomorrow morning at 8:30am. We will have to move the hearing to tomorrow because unfortunately the defense lawyers have left the accused without a defense. We are preserving the right to defense. We are not suspending the hearing, but moving it to tomorrow."

A survivor from the Association for Justice and Reconciliation (AJR) commented on the morning's events, "They thought that it was a simple trick, but it isn’t. They disobeyed and disrespected the judge that is in charge of this process." Read more firsthand responses from the AJR on our blog, "AJR Survivors Respond to Dramatic Events".

At 2pm, trial participants and observers pressed into a tiny courtroom in the upper floors of the Tribunals Tower next to the Supreme Court of Justice, which has been the scene of the daily public hearings. Witnesses, reporters, and supporters of the defendants jostled for space as they awaited Judge Carol Patricia Flores of the First Court for High Risk Crimes "A", who had announced her intention to rule on a Constitutional Court injunction (“amparo”) previously thought to have been resolved.

While details of the legal proceedings involved are complex and will need to be confirmed by Guatemalan legal experts, in broad strokes the controversy revolves around Judge Carol Patricia Flores' interpretation of an injunction accepted by the Constitutional Court contesting a February decision by Judge Miguel Angel Galvez to reject expert witnesses and documentation proposed by the defense team of Ríos Montt and Rodriguez Sánchez. This injunction was previously thought to have been resolved, as Judge Yazmin Barrios, overseeing the sentencing tribunal, admitted the evidence in compliance with the Constitutional Court's ruling without suspending the proceeding. As Judge Barrios explained during the morning hearing, the defense witnesses had been permitted to testify, with some still scheduled to be heard tomorrow.

Judge Carol Patricia Flores opened the afternoon hearing with a long discussion of previous recusal motions filed at various points in the process against the presiding judges, including Judge Flores herself. These injunctions had previously been thought resolved, and their relevance to the current phase of the trial is unclear. Following this discussion, Judge Flores abruptly delivered her decision regarding the defense evidence, declaring that the admission of evidence during the sentencing phase of the trial was improper, and ordered the trial to be returned to the preliminary phase, annulling all proceedings after November 23, 2011. This would include Judge Carol Patricia Flores' own decision, in January 2012, to formally charge Ríos Montt and Rodriguez Sánchez with genocide and crimes against humanity.

Judge Barrios formally filed a statement with Judge Flores in advance of her decision, reiterating that the court had appropriately complied with the letter of the Constitutional Court's ruling regarding the defense injunction, and calling for the trial to resume at 8:30 tomorrow morning.

In an atmosphere of shock, confusion, and celebration by allies of the defendants, Edgar Pérez, lawyer for the AJR, protested Judge Flores' decision, characterizing it as a grave affront to the rights of the victims stating, "Victims have waited 30 years. A fundamental right is being denied to them, the right to justice." The prosecution accused Judge Flores of illegally exceeding her authority and declared its intent to challenge Flores' decision. The public prosecutor commented, "This decision is a mockery of the victims and a mockery of justice." The Attorney General's office later reiterated the public prosecutors' protest, releasing a statement calling Flores' decision illegal.

Survivors from the AJR were shocked, saddened and later inspired to move forward in the aftermath of this decision.

There are people that are happy because they are against those of us who are demanding justice, but we the victims are many and we hope to see justice. Even though we have suffered setbacks, we have to continue forward. --AJR survivor

Read more AJR reactions to today's event on our blog.

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.

You can take action to support these brave witnesses! Sign our pledge to commit to following the genocide trial and take a photo for justice with your friends.

Genocide on Trial, Day 19: Defense delays resting their case; Statements outside courtroom multiply

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

Read our previous summaries: Day 1, Day 2, Day 3, Day 4/5, Day 6, Day 7, Day 8, Day 9, Day 10, Day 12, Days 13/14, Days 15/16, Days 17/18 and full archive of ongoing live Twitter coverage.

With only three witnesses for the defense heard this morning, the genocide case proceedings were truncated for the second day in a row when the defense failed to produce their remaining witnesses.

The defense had difficulty admitting testimony by Gustavo Porras, Harris Whitbeck Sr. and Antonio Arenales Forno when their questions were repeatedly ruled as irrelevant to the material the witnesses were proposed for or too indirect.

Outside the court, paid ads in opposition to the genocide trial have been published every day this week. Of great concern is the paid ad published by the military veterans association AVEMILGUA and the "Movement for Guatemalan Progress", which was falsely signed using the logo of the Association for Justice and Reconciliation (AJR). Read the AJR's full statement in our previous trial summary. Public expressions of support for the genocide trial have also surged on Twitter, with an explosion of the hashtag #SiHuboGenocidio, "Yes, It Was Genocide", amongst the top trending topics today and yesterday. A call for support for the hashtag has resulted in a deluge of tweets that are ongoing at the time of this writing.

UPDATE: The AJR has since filed a formal complaint against AVEMILGUA and the ad was rerun today in Prensa Libre. AJR representative Anselmo Rodan stated, "They [the military] are using the practices of the past to undermine the truth".

Testimony today began with Gustavo Porras, a former insurgent and Peace Accord signatory. Porras testified he had never physically been in the Ixil region during the time period relevant to the case, essentially nullifying his ability to answer defense questions. "I don't know what happened in the Ixil region...I never participated as a militant in that area." After the defense attempted to ask multiple questions outside of the framework Porras has been proposed to testify on, a court representative passed defense lawyer Marco Antonio Cornejo a notecard on behalf of the judges to remind the defense what themes their witness had been proposed to testify on.

Porras was able to answer a series of questions by Cornejo about whether Porras had ever heard of a state policy to exterminate the Ixil, the extermination of Ixil women or forced transfer of Maya Ixil children, to which he repeatedly answered with a simple, "No." His testimony concluded with Porras' much debated position that genocide did not occur in Guatemala, "I don’t deny the atrocities committed during the conflict but I don’t think the attack against the population was ethnic but political."

In reference to his book "Footprints of Guatemala:

#RiosMontt defense witness Porras now denies #GenocideGT but his own book described army's "slaughter with genocidal proportions" p257-258

— NISGUA (@NISGUA_Guate) April 17, 2013

The day prior to giving his testimony, a paid ad entitled "Betraying the Peace and Dividing Guatemala" was published. The full page ad was signed by Porras, as well as former Vice President Eduardo Stein, Peace Accord officials and government representatives dating from the Álvaro Arzú administration. The ad claimed the accusation of genocide against Efraín Ríos Montt, José Mauricio Rodríguez Sánchez and the Guatemalan state represents "a serious danger for our country, including a sharpening of the social and political polarization that will reverse the peace achieved to date". President Otto Pérez Molina spoke to the press today saying he openly supported the paid ad.

Second to be called to the stand was Harris Whitbeck Sr., (not to be confused with Harris Whitbeck Jr, journalist and former host of CBS' Amazing Race) former Vice Presidential candidate alongside Ríos Montt and long-standing member of his now defunct party, Guatemalan Republican Front (FRG). Whitbeck spoke primarily of the Ríos Montt "Beans and Bullets" campaign.

RM invited us to lunch at his house. We went, it was the first time I met him. It lasted from 1-4pm and he told me everything he wanted...for the betterment of the country. He told me about "Beans and Bullets", 80% beans and 20% bullets. The occupying army was to change into an army whose principal purpose was to help the people who had been forced to join the guerrilla. 

We received foreign aid, from many churches. The Beans and Bullets program was created and programs trading food for work.

Amongst the churches that have been linked to Ríos Montt's regime are US evangelical ministers Pat Robertson and Jerry Falwell.

Whitbeck testified he travelled 2-3 times per week to the Ixil region via helicopter. Upon cross-examination he denied seeing any burned villages or destroyed crops during these flights.

The defense's final witness of the day was current President of the Presidential Human Rights Commission (COPREDEH) Antonio Arenales Forno. Arenales Forno was one of the first representatives of the Pérez Molina administration to publically proclaim genocide had not occurred in Guatemala. For an in-depth look at his actions in the current government, read GuateSec's "Impunity, or justice for crimes of the past?"

Like Gustavo Porras, Arenales Forno's testimony was beset by the defense lawyers' inability to formulate appropriate or direct questions, to such a degree that very little testimony was heard from the government official. Defense lawyer Cornejo, in an outburst of grandstanding or genuine frustration, stated, "Given the way you [judges] have conducted this hearing, I don’t know what the reasons are for not wanting to hear the opinions of the witness…I have no more questions." It remains to be seen whether the defense is unwilling or unable to formulate legally acceptable questions to their witnesses.

The final evidence presented by the defense today were two videos in which an unidentified man and woman were interviewed by an unidentified person about acts committed by the guerrilla. Shortly after the viewing of the second video began, prosecution attorney Edgar Pérez lodged an objection, stating the defense was illegally entering witness testimony into evidence. In addition, Pérez stated the individuals in the videos were speaking to events taking place during dates and in regions not addressed by the current case. After review of the evidence submitted by the defense, it was decided the videos did not actually correspond to those submitted into evidence.

The day came to a close with none of the remaining defense witnesses having appeared. At different points during today and yesterday's proceedings the court has granted defense lawyers additional time to produce their remaining witnesses, with Judge Barrios going so far as to instruct the media to assist in locating the missing individuals and informing them they must appear in court. Defense lawyers claimed they were unable to produce their witnesses because "they are outside of the capital," in stark contrast to the prosecution's coordination of 100 eyewitnesses from Quiché who gave their testimony at the beginning of the trial. After ordering yet another early close to proceedings, Judge Barrios instructed the prosecution and defense to have their concluding statements prepared for tomorrow.

Once proceedings closed there was a tumult in the court when a notification from the Appeals Court arrived and was presented to the case lawyers. Members of the press ran back and forth in a cluster from the prosecution table to the defense's, recording the official receipt of the documents, as audience members from the gallery looked on. It remains to be seen whether the injunction filed by the defense will have an impact on the hearing tomorrow, set to convene at 8:30am.

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.

You can take action to support these brave witnesses! Sign our pledge to commit to following the genocide trial and take a photo for justice with your friends.

Genocide on Trial, Days 11-14: Forensic experts testify

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

Read our previous summaries: Day 1, Day 2, Day 3, Day 4/5, Day 6, Day 7, Day 8, Day 9, Day 10, Day 12 and full archive of ongoing live Twitter coverage.

In total, 33 forensic experts have testified in the genocide case trial to date. All forensic experts involved in the case have played a role in the exhumations of clandestine graves throughout the Ixil region, working in teams for the Guatemalan Forensic Anthropology Foundation (FAFG). In the courtroom, experts are asked to ratify their conclusions from their findings in exhumations and respond to questions related to their work.

Jonathan Moller, Sisters watch an exhumation, 2000, from Our Culture Is Our Resistance

Forensic anthropologists and archaeologists identify clandestine graves with the guidance of local insight and memory. On day 11, forensic anthropologist Raul Humberto Archela Garcia describes the exhumation process, "First we analyze the land - we see if there is a depression in the ground." The forensic team then opens a pit and uncovers remains and any artifacts buried with the bodies. They take the findings to FAFG's lab in Guatemala City for processing and analysis.

Public Prosecutor: If you find a child's clothes associated with the remains, does that help identify the victim?
Archela Garcia: No. It is an additional clue but identities are based solely on physical remains.

Archela García recognized the imperfections of the forensic process, "We are able to give an approximate date when the bodies were buried. The date isn't exact but it's close."

While the experts are mostly forensic anthropologists and archaeologists, they span a range of disciplines, serving as proof of FAFG's holistic approach to forensic investigation. In addition to forensic anthropologists, social anthropologist also form part of the exhumation team. Social anthropologists collect evidence to corroborate archaeological findings and  piece together the context in which victims died. Their methodology includes interviews with the victim's family members or witnesses of their death. Social anthropologist  Juan Ramon Donaldo Vivar explained, "The social anthropologist guides the path that the forensic anthropologists take. We recuperate the history and take testimony… Our goal is to identify the victim and the cause of their death."

María Soledad Rodríguez Martínez, a FAFG technician, testified on another aspect of the forensic process, the collection of DNA samples for identifying victims. The work of the forensic experts validates the death of victims who eyewitnesses have identified in oral testimony. Their testimonies confirm deaths of women, children, and elderly due to firearms, machetes and other violent traumas. One witness on day 12 ratified his findings of a fetus in a clandestine grave.

On day 13, FAFG assistant director José Sausnavar testified. Like many of the forensic experts, Sausnavar is highly qualified in his field and has experience outside of Guatemala, working on exhumations in Kosovo, Serbia, Congo, and Honduras. Sausavanar, along with two other expert witnesses, ratified their participation in the exhumation of hidden graves in the community of Chel, Chajul in January 1998. Sausanavar described the massacre of the community of Chel,

Soldiers brought groups of 4 to 5 people to a bridge. They hit them in the head with machetes and then throw them into river, witnesses saw this from afar. Then the army burned houses and crops. Survivors got together and built a makeshift dam to recover the bodies from the river. They spent 5 days carrying bodies to the cemetery. However, by the 5th day, the bodies were decomposing, the survivors could no longer bring them all the way to the cemetery. Instead, they carried them partway and dug new graves for them closer to the river.

Ixil survivors delivered their own eyewitness account of the Chel massacre; however, archaeological findings uncover even more details, Sausnavar explained, "Evidence in the bones reveals that this person tried to defend himself against his aggressor."

FAFG founder and director Fredy Peccerelli opened trial day 14. He delivered his expert report accompanied by a multimedia presentation of his conclusions. Peccerelli gave the courtroom an overview of FAFG's work, narrowing the analysis down by region and time period to the specific range implicated in the genocide case. Peccerelli explains:

Since its founding in 1992, FAFG has completed 1,424 total cases and uncovered the remains of at least 6,634 individuals. Limiting the range of FAFG's work to December 8, 2011, the start of the legal process in the genocide case, the numbers total 1,116 cases and at least 5,810 individuals.

FAFG works in 5 Guatemalan departments - Baja Verapaz, Alta Verapaz, Chimaltenango, Peten, and Quiché. Just in the Ixil region, department of Quiché, FAFG has completed 314 cases and uncovered the remains of 1179 individuals.

These numbers can be broken down even further, by specific community that the genocide case focuses on. In Nebaj, FAFG completed 205 cases and uncovered 191 individuals' remains. In Chajul, FAFG undertook 88 cases and uncovered 211 individuals' remains. In Chajul, FAFG complete 21 cases and uncovered 16 individuals' remains.

In Nebaj, on average, 2.3 bones were uncovered per individual. In Chajul, on average, 10.3 bones were uncovered per individual  In other words, the deaths were due to acts of a massive and violent character.

Of the total number of victims in Ixil region, 352 were identified as victims from direct violence, - 348 deaths (98.88%) are associated with extrajudicial executions, while 94 deaths (29.98%) are associate with indirect violence, i.e. forced displacement.

In a conventional war, every 2 out of 10 combat wounds results in death. In the case of Guatemala, 8 out of every combat wound resulted in death.

Up until December 8, 2011, 219 (52%) of recuperated remains were identified by name. If the date range is expanded to included FAFG cases since December 8, 2011, the number of identified individuals increases to 229 (54%) and includes:

Jacinto Chel
Juan Ramírez
Baltazar Juan
Domingo Raimundo Brito
Pedro Santiago
Rafael de Paz Chávez
Tomas Andres Chávez
María Chávez Raimundo
Elena Chávez Raimundo
Domingo Pèrez

FAFG is currently working at the Visan military base where they have already uncovered 5 bodies. 60 other cases in the Ixil region have already been authorized for FAFG to continue its work. 

FAFG Director of Operations Claudia Eugenia Rivera Fernández, and forensic archaeologists Guillermo Ernesto Vásquez and Sergio García rounded out the forensic teams' participation in trial day 14. More forensic experts are expected to participate at later dates of the trial.

NISGUA has provided international human rights accompaniment to FAFG human rights defenders through the Guatemala Accompaniment Project and has circulated urgent action campaigns in response to threats to Fredy Peccerelli and the entire FAFG team  related to their work.