Retrial for Ríos Montt to take place behind closed doors

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

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

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

— NISGUA (@NISGUA_Guate) August 25, 2015

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

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

— NISGUA (@NISGUA_Guate) August 25, 2015

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

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

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

Ríos Montt ordered to undergo a full psychiatric review

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

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

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

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

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

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

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

— NISGUA (@NISGUA_Guate) July 26, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2015 US Appropriations Act maintains restrictions on US military aid to Guatemala

When President Otto Peréz Molina was elected in 2012, he came with an agenda to fully re-instate US military aid and end the restrictions on funding to Guatemala in place to varying degrees since the Carter administration implemented a direct security aid ban in 1977.

Even before the Peace Accords were signed in 1996, the outright ban on military assistance to Guatemala had progressively weakened, with restrictions loosened for military training and other areas of military support. In 2005, the ban on US military sales to Guatemala was lifted. Yet despite these changes and much to Molina's chagrin, certain human rights conditions continue to prevent the unrestricted flow of military aid to Guatemala.

Peréz Molina is the first ex-military officer to take power in a civilian government since 1987, and an increase in military presence has been felt throughout the country. Despite his efforts, the US Appropriations Act released in November 2014 for the fiscal year ending September 2015 continues to maintain human rights conditions. The bill requires that the Guatemalan government show progress in the implementation of reparations for communities affected by the construction of the Chixoy dam. It also makes funding dependent on the government building an effective civilian police force separate from the military, and fully cooperating in trying former and current military suspected of committing gross violations of human rights.

On May 10th, 2013, ex-president Ríos Montt became the first former head of state in the world to be tried and convicted in a national court for crimes against humanity and genocide. The case took more than 12 years to go to trial, and included the testimonies of more than a hundred eyewitnesses and experts. However, just ten days later, the Constitutional Court made what many consider an illegal ruling, effectively annulling the verdict. Now, more than a year and a half later, the retrial remains stalled after the presiding judge for the new tribunal was recused at the last minute by Montt's defense. 

The US Embassy in Guatemala supported the genocide case during the first trial, bringing diplomatic attention by attending the public hearings and publishing press releases calling for an independent judicial system and speedy due process. Likewise, Embassy officials announced they were observing the second trial and were present for the opening hearing on January 5th. While Peréz Molina has loudly denounced the Embassy for its public stance on this high-profile case, its international presence has been important to survivors, witnesses and their legal teams.

But as the Guatemalan Center for Independent Media (CMI) points out, the reasons behind the Embassy's support for the case are complex and multi-faceted. When Montt was initially convicted, a strong case could have been made that the Guatemalan judiciary had successfully tried one of its highest-ranking former military with the support of the Guatemalan state, showing advancement on one of the main conditions of reinstating US military aid. However, since the Constitutional Court annulled the verdict and there is currently no clear timeframe or process for the resumption of the retrial, this same argument no longer applies. Although the appropriations bill makes no mention of specific crimes, it essentially ties the lifting of restrictions to the advancement of the biggest and most emblematic case currently before the judicial system - the Ixil genocide case.

US military restrictions only go so far

In 2008, the Bush administration modeled the highly controversial Plan Colombia to launch the Mérida Initiative - a plan that provides training, equipment and intelligence to Mexican and Central American security forces to address key security issues such as drug trafficking, gang violence and judicial reform. As part of the Mérida Initiative, the Central American Regional Security Initiative (CARSI) was formed and was later expanded under the Obama administration. Since its inception, more than $800 million in funding has been given to Central America under Mérida/CARSI, and the Appropriations Act for FY2015 allocates an additional $130 million to the region for this year - $57 million earmarked for Guatemala alone.

Specifically, the funds are designated to increase border security between Mexico and Guatemala and expand economic and social development in the regions where most unaccompanied and undocumented minors travelling to the US originate and where significant gang activity occurs. The funds are also designated to support facilities that address the need for safe repatriation and reintegration of minors, combat human trafficking, and promote judicial and police reform with a particular focus on strengthening judicial independence and community policing.

There is no doubt that the US Embassy has played a role in helping to promote the progression of the genocide case through a variety of measures, and that the ongoing restrictions included in the Appropriations Act are an additional pressure point. It is also clear, however, from the Mérida/CARSI Initiative and other US sources of funding for military support in Guatemala, that the northern country's foreign policy in the region privileges a military solution to narcotrafficking and undocumented migration. What's more, a strong judicial system certainly bodes well for North American extractive companies in the region and other foreign investors looking for stability. The US' support for the very structures that have led to the problems they now want to eradicate is well documented. Contradictions in US foreign policy are certainly not new.

But while the advancement of the genocide case is essential, as long as the former-general-turned-president Peréz Molina stays in power, major concerns exist for what reinstating unrestricted US military aid to Guatemala could mean for communities, human rights defenders and civil society organizations already experiencing a heavy-handed response to their work against impunity and in defense of territory.

During the last two years alone, Molina has enacted two states of siege - a measure likened to marshal law - almost exclusively under the guise of combating narcotrafficking. Under the states of siege, communities found themselves with many of their constitutional rights suspended, dozens of leaders arrested without charge and a major increase in the presence of military checkpoints and patrols. All of the places where a state of siege has been implemented are host to large-scale resistance movements where communities are organized against the presence of transnational extractive projects.

It remains to be seen what will transpire over Peréz Molina's final year in office. Although the US currently provides training and support to the Guatemalan military, the restrictions in the Appropriations Act continue to give human rights organizations a glimmer of hope that the US will not resume its unrestricted support for military aid to Guatemala.

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

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

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

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

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

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

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

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

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

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

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

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

Do you have a message for the international community? 

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

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

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

Genocide retrial: Recusal of judge leads to suspension of proceedings

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A solidarity message to the Association for Justice and Reconciliation as the genocide case goes to retrial

January 5, 2015

Dear members of the Association for Justice and Reconciliation (AJR),

During this moment in which the Guatemala justice system is retrying the case against Efraín Ríos Montt and José Mauricio Rodriguez Sánchez, we here at NISGUA want to acknowledge this long process in search of justice and particularly recognize the bravery of the witnesses who testified during the first genocide trial. We are honored to have been able to accompany the AJR for more than 15 years, through difficult moments of complete legal paralysis, through victorious moments such as the sentence in the Ixil genocide case. Each human rights accompanier who has passed through your homes has been changed by your stories; these testimonies will forever be carried in the hearts of people who have heard them, motivating them to spread your messages while working towards a better world.

We write you today to re-affirm our commitment to stand in solidarity with you, as survivors and heroes continuing the struggle for justice for your loved ones. We also want to take this moment to remember and acknowledge the testimonies we heard during the 2013 trial.

We remember the testimonies of those who survived massacres only to be forced into model villages and civil defense patrols. We remember the testimonies of those who lived in the mountains in near-starvation for years. We were heartbroken, listening to the ten incredibly courageous women who testified that after they survived their own rape, they were then forced to witness the rapes of their mothers and children. We recognize the immense and ongoing psychological and physical trauma associated with having survived such brutality. We remember testimonies of witnesses who survived massacres as children in their communities, only to be taken away by the military to live in orphanages.

We remember the more than 100 Ixil witnesses, whose testimonies strengthened the case against Ríos Montt and his military high command, demonstrating that racist policies against the indigenous population were intentional and that the genocide was planned. People spoke about the massacres of their families, the destruction of their crops, the inability to bury their loved ones with dignity, extreme sexual violence and slavery, and attempts to sever connections with ancestors. These stories are themselves incredible testimonies to survival and resilience, and these same accounts honor those who were killed.

We are privileged to have stood by you during the verdict, where Ríos Montt became the first former head of state in the world to be tried and convicted in a national court for crimes against humanity and genocide. We do not forget the spontaneous applause and cries of “Justicia!” in the courtroom when Judge Barrios confirmed what you have always said -- “Sí hubo genocidio!” (It was genocide!) We continue to uphold that sentence with you, as testimony to what happened here in Guatemala with training and military support from the United States. The annulment of the verdict is also a testimony to the powerful structures that exist in Guatemala, which continue to maintain impunity and deny genocide. We recognize the incredible risks you took in speaking out against these powerful actors and know that you continue to face danger despite having your testimony validated by a court of law. These actors may be powerful, but the truth is even more powerful and it will prevail.

Today, we re-affirm our support for you as you continue the retrial and in your ongoing search for justice. We will continue standing by you and call on our US base and other international allies to do the same.

In solidarity,

NISGUA

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 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).

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. 

Guatemala commemorates victims and 15 yr anniversary of truth commission

February 25 marks the annual Day of Dignity for Victims of the Internal Armed Conflict in Guatemala. In addition, 15 years ago to the day, the UN-sponsored Historical Clarification Commission presented its "Guatemala: Memory of Silence" report. Twelve volumes in total, the report provides findings from a detailed investigation of the acts of violence that occurred during Guatemala's 36-year internal armed conflict. 

On February 25, 1999, the head of the Commission shared before a packed audience at Guatemala's national theater: "The Commission concludes, with great consternation, that within the framework of counterinsurgency operations carried out between 1981 and 1983... agents of the State committed acts of genocide against groups of Maya people."

Further, the Commission revealed, according to their investigation, that the Guatemalan Army was responsible for 93% of deaths during the conflict, while the guerrillas were responsible for 3%. These and other findings would help form the foundation for the historic genocide trial against Ríos Montt that took place from March to May of last year.

This year, Guatemalan human rights defenders and social organizations partnered with musicians, poets and artists for a multi-generational, interactive day of activities to celebrate the 15-year anniversary of "Memory of Silence" and commemorate victims of the internal armed conflict. This year's events were particularly special, reflecting on the genocide trial and its historic sentence, that continues to validate genocide survivors' decades-long struggle seeking truth and justice for crimes of the past.

An emblematic photo of an Ixil woman swearing in
 to the genocide trial helped to set the stage.

"Justice for the disappeared"

The "Mother of the Disappeared" looks over just a few faces of
those disappeared during the internal armed conflict. 

Nearby schools brought students to participate in the day's activities and learn the importance of February 25. Youth were encouraged to get creative and write messages of inspiration on the public sidewalk and street, including: “Peace,” “No to racism,” “Free,” “Yes to life,” “The right to decide,” “I love Guatemala.”

The youth listened on to invited speakers, including Anselmo Roldán Aguilar, president of the Association for Justice and Reconciliation (AJR). He shared part of his story as a genocide survivor and explained, "Some say they don't want to remember what happened during the conflict, that's because they did not experience the violence first hand."

While justice in Guatemala has taken a serious hit recently with the fate of current Attorney General Claudia Paz y Paz's term limit uncertain and the issue of Ríos Montt's amnesty still unresolved, Roldán shared an inspiring message on behalf of the AJR. He declared: "We will continue fighting to break down the wall of impunity in Guatemala so we can all live in peace."

AJR board members, including President Anselmo Roldán (far right),
take the stage at the Feb. 25 events. 

Genocide retrial set for January 2015; national courts debate possibility of amnesty

On November 5, almost six months since the highly contested decision by Guatemala's Constitutional Court (CC) to annul the genocide sentence, Guatemalan courts announced a date for the retrial of former General Ríos Montt. Guatemala's High Risks Court “B” affirmed that it has the jurisdiction to hear the case but said its calendar is full until January 5, 2015.

The announcement of the retrial date came the same day that the Association for Justice and Reconciliation and their legal team filed a complaint in the Inter-American Commission on Human Rights (IACHR) against the Guatemalan state for continued impunity for grave human rights violations committed against the Ixil people. The complaint focuses on the May 10 annulment of the genocide conviction, arguing that survivors have been denied access to the right to justice in national courts.

Constitutional Court decision opens door for Ríos Montt to receive amnesty

On October 22, the Constitutional Court ruled in favor of an appeal presented by Ríos Montt's defense, opening the door to amnesty for war crimes. The appeal, one of many filed by the defense lawyers on the issue of amnesty, argued that due process was not respected in a decision on wartime Decree 8-86. Decree 8-86, dating back to the de facto government of Oscar Humberto Mejía Víctores (1983-1986), mandated a blanket amnesty for all crimes committed between March 23, 1982 and January 14, 1986.  Both former military generals Mejía Víctores and Ríos Montt are currently accused of genocide and would benefit from the application of amnesty. 

Ríos Montt's lawyers argued that Judge Miguel Ángel Gálvez Aguilar, who ruled against the possibility of amnesty, based his decision exclusively on Guatemala's 1996 National Reconciliation Law, and did not incorporate analysis of Decree 8-86. The National Reconciliation Law, created in 1996 with the signing of the Peace Accords, explicitly excludes genocide from the application of amnesty.  

Judge Gálvez Aguilar’s decision was immediately contested by the defense; however, an Appeals Court upheld the ruling, denying amnesty for war crimes. Now, the Constitutional Court has ordered the Appeals Court to elaborate in its explanation and provide foundation for its previous decision. While the Constitutional Court ruling alone does not grant amnesty, the decision sends an unequivocal message to lower courts encouraging them to reconsider previous rulings.

The 1996 Reconciliation law, in conjunction with the Inter-American Convention on Human Rights¹. and the Convention for the Prevention and Punishment of the Crime of Genocide², both ratified by the state of Guatemala, clearly invalidate the 1986 "auto-amnesty" decree, rendering the decision of the Constitutional Court, "a flagrant violation of international human rights law and the obligation to guarantee the right to truth, justice and reparations for the victims^3.."

At the time of publication, it is unclear when a decision on amnesty will be made as the lower court ordered to review the previous ruling on amnesty has been plagued by delays and recusals by Appeals Court judges. Anselmo Roldán, President of the Association for Justice and Reconciliation, denounced these malicious delay tactics during his recent NISGUA speaker tour and called for and end to the partiality of the national justice system.

1    http://www.cidh.oas.org/basicos/english/Basic4.Amer.Conv.Ratif.htm
2    http://treaties.un.org/pages/ViewDetails.aspxsrc=TREATY&mtdsg_no=IV-1&chapter=4&  lang=en
3    FIDH, Anulación de la condena al General Ríos Montt: la FIDH solicita a la Corte de Constitucionalided de Guatemala reformar su decisión. Aug. 9 2013. www.fidh.org/anulacion-de-la-condena-al-general-Ríos-montt-la-fidh-solicita-a-la-corte-13809

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.

Original article published on November 25th, 2013 by ACOGUATE

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

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

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


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

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

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


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


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


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


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


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


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

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

Guatemala's Human Rights Law Firm - BDH

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

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

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

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

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

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

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

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

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

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

¡Por el derecho a un país justo!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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