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

The Countdown to January 5th, 2015: Genocide retrial on course, but questions remain

“The thousands and thousands of victims will never abandon this struggle. We have to see it through. There are multitudes of victims by my side demanding that I speak out for justice and so I am going to speak out. In no moment will this [struggle] be abandoned. We have already made huge strides… I thank the people from other countries that are here surrounding us. I thank them. We are not alone because there are people that are supporting us.”  - Woman survivor and member of the AJR

Nearly 19 months have passed since the initial conviction and subsequent annulment of the trial proceedings that had resulted in a guilty verdict against Efraín Ríos Montt for genocide and crimes against humanity. During this time, the Association for Justice and Reconciliation (AJR) and their legal team at the Center for Human Rights Legal Action (CALDH) have worked tirelessly to strike down the numerous legal obstacles launched by Montt's defense in order to avoid the retrial, scheduled to begin January 5th, 2015. 

Yesterday, less than three weeks from the programmed start of the retrial, the Constitutional Court resolved that the legal process should not be set back to November 2011. This issue was one of the most significant outstanding obstacles to a January 5th retrial start. Last-ditch efforts by the defense, as well as behind-the-scenes political maneuvers by the economic elite have plagued this process from the beginning. Now, the defense team is welcoming the January 5th retrial, causing concern that the goal of the new trial is to cement impunity rather than truly seek justice. Likewise, the retrial is set to take place after a year of questionable judicial nominations that many postulate have solidified impunity in the courts. Finally, a decision on amnesty for Ríos Montt is still pending in national courts. 

If the legal twists and turns have you confused, rest assured that you are not alone; the confusion is intentional. The complicated and convoluted legal web created by the defense is a tactic put in place ever since the lead-up to the 2013 genocide trial. In lieu of an actual legal strategy, the defense used dilatory tactics and political grandstanding to try to stall the process, exhaust the victims and ultimately maintain impunity. Important questions for the first day of the retrial: If these obstructionist tactics do not continue, is there something else at play? Is this new trial intended to permanently deny the victims justice in national courts?

Throughout the lengthy legal processes within a Guatemalan justice system seemingly unable to find a clear path towards justice, the AJR and their supporters uphold the 2013 genocide verdict and sentence as valid. From a legal standpoint, CALDH has highlighted that the verdict and sentence were emitted by a legitimate Guatemalan tribunal through due process and carried out according to rule of law. In addition, the steps required to annul the sentence were never undertaken by the defense, and as such, the sentence has legal as well as moral standing.

The AJR and CALDH will participate in this new trial, and we will stand with them. To show your ongoing support of their work, we ask that you pause a moment during this holiday season to take a photo with your loved ones and show your commitment to stand with the AJR and the survivors of genocide in Guatemala. If you participated in our photo campaign during the genocide trial, we encourage you to renew your commitment by adding the message “SEGUIMOS CON USTEDES” / “WE ARE STILL WITH YOU” and encourage your friends and family to take the photo.

In the lead up to a new trial, we have compiled a timeline of key legal events in the ongoing search for justice. We will update this timeline as new information becomes available.

March 19, 2013 – Trial opens in Guatemala City against former General Efraín Ríos Montt and former head of military intelligence, José Mauricio Rodríguez Sánchez. Both are charged with genocide and crimes against humanity for massacres that took place between March 1982 and October 1983 during the de facto government of Ríos Montt. The foundations for this case date back to the genocide charges originally filed in 2001 by the Association for Justice and Reconciliation (AJR) with support from the Center for Human Rights Legal Action (CALDH).

April 18, 2013 – After 20 days of testimony, High Risk Crimes Court Judge Carol Patricia Flores rules that the proceedings should be annulled and the case returned to November 23rd, 2011, before Ríos Montt was indicted. The Flores hearing was ostensibly based on a dispute regarding the acceptance of defense evidence, an issue that was eventually resolved. However, Flores added a separate issue into this proceeding, arguing that in order to restore constitutional rights to CALDH, the proceedings should be regressed to November 23, 2011 and the process returned to her jurisdiction. The ruling is based on a legal process rooted in a recusal originally requested by defense counsel and later appealed by CALDH. 

This appeal was the central issue the Constitutional Court finally resolved on December 18, 2014. A ruling in favor of the defense would have set Ríos Montt free, as he was not charged with the crimes in 2011.

April 19, 2013 –Judge Yassmín Barrios’ response to the Flores decision is that she will not obey “an illegal order” and as such, the April 18 decision will not stop the trial. However, Judge Barrios temporarily suspends the hearings to address other injunctions submitted by the defense.

April 30, 2013 – The trial resumes after nearly two weeks of suspension. 

May 10, 2013 – Efraín Ríos Montt is found guilty of genocide and crimes against humanity and sentenced to 80 years in prison. The court ratified all the elements of genocide described by witness and expert testimony, concluding that Ríos Montt had both command authority and "full knowledge of what was happening and did nothing to stop it."

May 20, 2013 – Guatemala's Constitutional Court overturns the genocide sentence based on legal challenges filed by the defense team, claiming technical errors in the trial process. The ruling annuls all testimony given from April 19th onward. 

October 2013 – The Constitutional Court orders a lower court to provide a legal foundation for their prior ruling against amnesty. Human rights groups fear this opens the door to amnesty for war crimes. The Court justifies this move by arguing that due process was not respected in a lower court's decision rejecting the application of wartime amnesty Decree 8-86. The decree was passed during de facto government of Oscar Humberto Mejía Víctores and mandated a blanket amnesty for all crimes committed between March 23, 1983 and January 14, 1986. The prosecution appeals by citing national and international laws that clearly invalidate the 1986 “auto-amnesty” decree. 

The question of amnesty for Ríos Montt, which was launched in 2012, remains unresolved. The issue has been pending since the CC returned the matter to the Appeals Courts. An astonishing 61 judges have recused themselves from making the decision. A ruling in favor of amnesty would have wide-reaching consequences for the genocide cases, as well as other cases seeking justice in national courts for crimes during the internal armed conflict.

This same month, Sentencing Tribunal “B” affirms that it has jurisdiction to retry the case and sets a new court date for January 5th, 2015; however, the defense continues to fight for High Risk Crimes Judge “A” (Carol Patricia Flores) to have jurisdiction over the case.

December 31, 2013 – An Appeals Court upholds Judge Flores' April 18th, 2013 ruling to annul the trial and set the process back to November 2011. One of the judges from this same appeals court will be part of the tribunal that decides on amnesty. The prosecution appeals the decision to support Flores’ ruling, sending it to the Constitutional Court for a final ruling.

March 26, 2014 – The Constitutional Court (CC) hears arguments regarding the April 18th, 2013 decision to regress the trial to November 2011. 

December 10, 2014 – The Constitutional Court asks for the case file regarding the April 18th decision. The request causes concern, given arguments as to whether or not to restore Judge Flores’ jurisdiction were already heard in March. 

December 18, 2014 – The Constitutional Court rejects Flores’ April 18th ruling to regress the case back to November 23rd, 2011. This long-awaited ruling means that one of the remaining obstacles preventing a retrial has finally been resolved, and a January 5th genocide case retrial seems likely.

 

December 23 - The Appeals Court tribunal to decide on amnesty for Ríos Montt, an appeal originally filed in 2012, finally forms after 61 judges recused themselves. The five-days granted to the tribunal to issue a ruling has come and gone and there is still no decision on amnesty.

The week before the re-trial date - Luis Rosales, lawyer for Ríos Montt, requests the recusal of Jeannette Valdés, lead judge on the Sentencing Tribunal “B”, based on a thesis she wrote on genocide more than ten years ago. Rosales also requests the recusal of Judge Edith Perez, one of the Appeals Court judges on the newly formed tribunal to decide amnesty. The decision to accept or reject a recusal request rests with the judge, although the ruling can be appealed.

President Otto Pérez Molina speaks out in favor of amnesty stating, “Remember, there is a Reconciliation Law that basically sets out amnesty... It is the courts that should rule [to grant amnesty] and we hope that is what will happen.” Molina also reacts negatively to the recently announced restrictions on US military funding to Guatemala, which are directly linked to advances in human rights and on the investigation and prosecution of current and retired military personnel stating, “We are advancing without needing the United States to tell us what we should do. We have sovereignty to make decisions.”

January 2, 2015 - The defense presents the Sentencing Tribunal a medical excuse claiming Ríos Montt is not physically able to stand trial due to a battery of health issues. This motion, along with the request to recuse Judge Jeannette Valdés will likely be heard during the opening of the re-trial on Monday, January 5^th.

January 5, 2015 -  The genocide retrial begins as scheduled, although without the presence of Ríos Montt or the case file. The proceedings are dismissed for two hours shortly thereafter, to allow time for the file to be transferred from the Appeals Court to the trial gallery. At 11 am, Judge Jeannette Valdés orders Ríos Montt to appear in the courtroom, dismissing the medical excuse presented on January 2nd.

The former head of state arrives in court on a gurney and the hearing reconvenes at 1 pm.

Judge Valdés initially rejects Ríos Montt’s request for her recusal but is forced to reverse her decision when the two other judges on the tribunal vote to uphold the motion to recuse. The trial is suspended indefinitely. As of today, there is no deadline for naming the new judge and, once again, no clear path towards advancing justice for the victims and survivors.

January 13, 2015 - The hearing in which Judge Flores should officially reverse her decision on setting the case back to 2011 in accordance with the December 18th Constitutional Court ruling is suspended due to the absence of Ríos Montt. His lawyers argue that the former general is too sick to appear in court and accuse Flores of violating his right to defense. Judge Flores orders the National Institute of Forensics Science (INACIF) to examine and evaluate Ríos Montt state of health. A new hearing date has not been set. 

For up-to-date news, like us on Facebook and follow us on twitter @NISGUA_Guate  #EyesOnJan5

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

From Australia, university students read from the sentence:

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

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

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

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

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

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

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

-Genocide sentence (page 89 in English translation)

Photo: CMI Guatemala

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

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

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

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

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

How?

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

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

Join the movement!

Confirmed locations participating:

Guatemala City

Toulouse

Paris

Madrid

Barcelona

London

Mexico City

Buenos Aires

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

Australia

Chile

Paraguay

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

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

Guatemalan organization express their solidarity with Yassmín Barrios

OUR SUPPORT FOR THE DIGNITY AND PROFESSIONALISM of HONORABLE JUDGE YASSMÍN BARRIOS

To the people of Guatemala and to the international community, we express our total indignation of the decision emitted by the ethics tribunal of the Guatemalan Bar Association that attempts to penalize Judge Yassmín Barrios Aguilar.

The Political Constitution of the Republic of Guatemala establishes in Article 203 that "The magistrates and judges are independent in carrying out his or her duties and are subject only to the Constitution of the Republic and the Law..." In the same article it indicates that: "No other authority can intervene in the administration of justice." We thus believe that the above-mentioned decision [of the Bar Association] goes against the Constitutional principles and puts the Guatemalan justice system at great risk.

By ignoring the principle of judicial independence and condemning a judge for exercising her constitutional duty, one of the fundamental pillars of the Rule of Law is made vulnerable.

Guatemala bore witness that during the trial for genocide and crimes against humanity, Judge Yassmín Barrios Aguilar was respectful of the law, despite the constant instances of disrespect and threats publicly expressed against her. Newspaper, television and radio publications provide evidence of who lacked respect and ethics, not only for the court and its presiding judge, but also for the people of the Republic of Guatemala, to whom justice is rendered.

We express our solidarity and recognition of Judge Yassmín Barrios Aguilar for her exemplary service to the Guatemalan justice system, as well as her long trajectory and hard work in defense of judicial independence.

We call on all judges to not give in to the intimidations, pressures and persecutions from sectors which, feeling powerful, want their actions to remain in impunity, and therefore seek the complicity of institutions that should be at the service of the nation and not [at the service of] perverse interests. 

The victims and survivors of genocide urge lawyers, professionals and the general public to speak out against this resolution.

Guatemala, April 7, 2014.

Association for Justice and Reconciliation - AJR, Association for the Integral Development of the Victims of Violence in the Vera Paz Provinces, Maya-Achí -ADIVIMA, Families of the Detained and Disappeared of Guatemala - FAMDEGUA, Truth and Justice Association - AVEJA, Truth and Life Association, Sanjuaneras Women's Association - AGIMS, Maya Lawyers Association of Guatemala, Departmental Association of Youth from Sololá -KAJI B'ATZ', Political Association of Maya Women - MOLOJ, Human Rights Law Office of Guatemala, Center for Forensic Anthropology and Applied Sciences - CAFCA, International Center for Human Rights Research - CIIDH, Center for Environmental and Social Legal Action - CALAS, Center for Human Rights Legal Action - CALDH, Collective Artesana, Campesino Unity Committee - CUC, National Coordination of Widows - CONAVIGUA, Genocide Never Again Coalition, National Convergence Maya Waqib'Kej, Religious Confederation of Guatemala - CONFREGUA, Christian Women's Council, Community Studies and Psychosocial Action Team - ECAP, Amancio Villatorio Foundation, Guilermo Toriello Foundation, Rigoberta Menchú Tum Foundation, HIJOS Guatemala, Guatemalan Institute of Comparative Penal Studies - ICCPG, DEMOS Institute, Monseñor Gerardi Movement, Maya Youth Movement - MOJOMAYAS, Women Transforming the World, Security and Democracy - SEDEM, The Human Rights Defenders Protection Unit - UDEFEGUA, National Guatemalan Women's Union - UNAMG

Interview with Judge Yassmín Barrios: “The door to impunity and corruption is being opened”

Interview originally published by El Periódico in Spanish. Translation by NISGUA.

Judge Yassmín Barrios
Photo: El Periódico

Judge Iris Yassmín Barrios, presiding judge of the High Risk Crimes Court A, refers to the decision handed down against her last week by the Ethics Tribunal of the Guatemalan Bar Association (CANG in Spanish), in which her professional duties are suspended for a year and she is fined Q 5,040.

Said sanction was motivated by [a complaint filed by] lawyer Moisés Galindo, who felt “humiliated” during the course of the genocide trial against former generals José Efraín Ríos Montt, former Head of State, and José Mauricio Rodríguez Sánchez, former Director of Military Intelligence.

What do you think about the decision of the Bar Association Ethics Tribunal?

-It is an unjust and illegal decision that exceeds its jurisdiction. The competent body to review and rule on judges’ actions is the Disciplinary Board of the Judicial Body. The Board is responsible for carrying out a review   in the instance that a judge commits an error, and can then emit a resolution.

If the Ethics Tribunal doesn’t have competence, what actions will be taken?

-In the coming days, you will hear about the actions that follow.

Lawyer Moisés Galindo argued that he felt humiliated when you ordered him to defend the accused (Efrain Ríos Montt)?

-There are many things that are important to clarify. In the first place, no one was ever humiliated. I’m very respectful of others, of their human rights and their jurisdictional activities. There are court proceedings, as well as videos, through which one can see that he was never disrespected.

Secondly, the Disciplinary Board already emitted a resolution related to these same events, in April of last year, in which it rejected the arguments. Also, during the trial  [the defense lawyers] presented grounds for our impeachment, but the arguments were declared irrelevant. Thus, the resolution emitted by the Ethics Tribunal is out of order.

You recently received recognition from the First Lady of the United States. Was it motivated by the genocide trial?

-No. It was in recognition of my entire career as a judge. I don’t know why people have focused only on this sentence. It’s necessary to review my entire career, the cases and sentences I’ve ruled on.

I’ve been a part of various court cases. For example, the case of the assassination of Monsignor Juan Gerardi, the case of Myrna Mack, the massacre of Dos Erres, the massacre of Plan de Sánchez, the case of Rodrigo Rosenberg, and a large quantity of assassinations, abductions or kidnappings. It is not just for [the genocide] sentence, it’s for my entire judicial career; I’m talking about 18 years. There are thousands of sentences.

It is believed that the Ethics Tribunal is politicized. What is your opinion?

-More important than what I could say, is the analysis that others make. What I can say is that I’ve never been lacking in ethics, that my actions are honest; I can keep my head high and know that I have never done anyone harm. What I have done is fight for the administration of justice and to return, to all Guatemalan citizens, the credibility of the [justice] system. I have demonstrated that there are still honest judges in the Judicial Body. That there are capable people, obedient only to the Constitution and the laws, to no one else.

What is at risk for the judicial system if the resolution is upheld and you are suspended for a year?

-What is at risk is judicial independence and the rule of law.  What does that mean? That anyone without grounds can go and accuse a judge in order to avoid being tried, that the door to impunity and corruption is being opened.

Judicial independence and the rule of law should be respected in our country. Punishing honest judges through illegal mechanisms shouldn’t be allowed because it deteriorates the justice system. No judge should be punished for his or her resolutions. Procedural appeals exist to respond to displeasure over a resolution. 

Judicial independence is a guarantee, not just for the judge, but so that the Guatemalan people can count on honest and dignified judges, to whom they can present their cases and be assured they are tried with adherence to the Constitution and the law without favoritisms, neither economic nor political. It is a guarantee for the people before it is a guarantee for the judge.

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.