On June 30, the March for Memory proclaimed: "I am also a victim of genocide"

In Guatemala City, hundreds celebrated the Day of Heroes and Martyrs on June 30, in lieu of the perennial national holiday known as Army Day. Since 1999, groups of urban activists have chosen to commemorate those killed in the internal armed conflict, rather than the army, on this day. In the name of those killed, hundreds gather in Guatemala City's Zone 1 and march through the city center, making key stops along the way to remember loved ones. In addition, the march showed solidarity and support for the genocide trial and this year proclaimed: "I am also a victim of genocide". Read our translation of the full statement by HIJOS - Hijos e Hijas por la Identidad y la Justicia contra el Olvido y el Silencio (Sons and Daughters for Identity and Justice and Against Forgetting and Silence) below.

The March for Memory enters Guatemala City's central park. Photo: NISGUA

CALDH and the AJR present the March for Memory with a
copy of the historic genocide sentence. Photo: NISGUA

I am also a victim of genocide

Dictionaries define genocide as the extermination or systematic elimination of a social group based on race, ethnicity, religion, political affiliation or nationality. Its etymology is attributed to Greek, while other linguists attribute it to Latin, nevertheless, all linguists agree in one way or another that genocide is the extermination of one's origin.

Why would one group want to exterminate another? Why would a group or any human collective want to destroy the origin of another? Marta Casaús defines racism as, “The generalized and definitive appreciation of differences - biological or cultural, real or imaginary, benefitting one group at the expense of the other. These attitudes can manifest themselves as behaviors, imagery, racist practices or ideologies which expand to the entire social sphere forming part of the collective imagination.”

Along these lines, genocide is no more than a group's last resort to submit another, to impose their way of seeing, thinking or feeling, in favor of their economic interest. Genocide is a type of fear, to destroy one form of being in favor of the economic and political hegemony.

What we know today as the republic of Guatemala is a territory consisting of distinct peoples and communities which originated in times before our era, peoples whose origin is before the invasion and subsequent colonization in 1524. Peoples who have maintained their own forms and ways of seeing and understanding the world. With colonization, these peoples were assassinated, persecuted and concentrated with the goal of submitting them and imposing them to the colonist way and to take all the political and economic profit to the benefit of the colonizer.

Despite the attempts of annihilation, persecution and submission, the people of Guatemala have maintained economic, political and cultural resistances to the invader, configuring new identities, rebuilding time and again the physical and cultural origin that the colonist destroyed.

By way of fire and blood, the criollo and patriarchal powers have implemented genocide, as the maximum expression of their impotence in the face of the resistance of those that are different. Genocide is not only implemented through killing members of a group, it also creates the conditions for the full or partial disappearance of the group. Genocide is the dispossession of lands, imposition of megaprojects, closing spaces for expression of one's own cultural forms, as well as cultural destruction itself. Genocide is implemented through the creation of these mechanisms so that in one form or another the other group is submitted to the point that the group perpetrating the domination disappears or absorbs them.

Today's violence derives from and is related to the violence of yesterday, to the different genocides. The powerful have not been able to resolve the causes that provoke the outbreak of resistances to their impositions. One example of this are gangs, who inhabit territories their grandparents, fathers, mothers, uncles, or other people close to them, have had to occupy for having suffered genocidal policies in a direct way, having been displaced from their communities during the war, before they were even born. The concentrated areas in which they were relocated demonstrate the government and economic powers' continued and ongoing incapacity to resolve resistance to its genocidal policies. They live in settlements lacking access to basic services, education, culture, history and memory, expressing the violence to which they have been submitted in society.

The genocidaires today complain about the society they created. Those who planned, financed and executed the genocide (and not only in the 1980s), those who rearranged territories, destroyed cultures and ways, usurped memories and histories, invented subjectivities and imposed false nationalist symbols, today return the responsibility of misery, fear, impunity, violence and insecurity to the people. The same people who call us a terrorist today, once called us animals without a soul and gave us the title of communist to justify their barbarity, today they march in white through a society that they created.

My name is Ana, Hugo, Ricardo, Erick, Silvia, María, Jacinto, Jan, Pilar, Cecilia, Jacobo. I'm 17, 19, 20, 25, 29, 37 years old and I'm a victim of genocide, for those who are no longer with us, for those who we miss, for poverty, the silence, the fear, the impunity, for injustice, for the closing of space, because time and again they attempt to destroy my origin, my identity, but also because time and again I recast my origin, recreate my identity, I resist; I will not keep silent. Today we have a sentence for genocide that a constitutional tribunal emitted after hearing the testimony of almost one hundred witnesses, a sentence that the Constitutional Court annulled, basking in impunity, but every day in the peoples' voices legitimize that despite the continued genocidal policies, we continue we continue to live. We continue to create and recreate our cultures and memories, making history.

We are all the sons and daughters of the same history
Neither Forgiveness, Nor Forget
HIJOS Guatemala, June 2013

NISGUA's genocide trial coverage: the complete collection

While we await the next steps of the genocide trial, we are honored to provide an accessible archive of the daily coverage we provided from day 1 of the trial. Please read and share this historic collection.

• Genocide on Trial, Day 1: Ixil witnesses speak
  
• Genocide on Trial, Day 2: Ixil Voices in the Halls of Justice
• Genocide on Trial, Day 3: "...justice for everything we lived through."
• Juan Raymundo Maton: "...they destroyed everything, not just our crops but our culture."
• Genocide on Trial, Days 4 & 5: "This is how my heart feels, thank you for asking me."
• Genocide on Trial, Day 6: "What I came here to share, I felt it in the living flesh, in my bones."
• Genocide on Trial, Day 7: "I am telling this to the eyes and ears of the world."
• Genocide on Trial, Day 8: Women survivors of sexual violence, "Your truth is our truth"
• Genocide on Trial, Day 9: "We were the first ones to fall..."
• Genocide on Trial, Day 10: Expert witnesses testify, “Racism facilitated the extermination of the Ixil...”
• Exclusive Interview with the AJR: "It is our right to demand justice and reveal the truth"
• Genocide on Trial, Day 12: Beatriz Manz, author of "Paradise in Ashes"
• Genocide on Trial, Days 11-14: Forensic experts testify
• Genocide on Trial, Days 13 & 14: Defense experts testify, "There was never intention to commit genocide"
• Genocide on Trial, Days 15 & 16: Experts testify, "The Ixil social fabric was destroyed in the attack against their culture"
• Genocide on Trial, Days 17 & 18: AJR Responds to efforts to delegitimize the trial
• Genocide on Trial, Day 19: Defense delays resting their case; Statements outside courtroom multiply
• Genocide on Trial, Day 20: Defense grandstands; Trial proceedings at risk
• Genocide on Trial, Day 20 part 2: AJR survivors respond to dramatic events
• Genocide Trial, Day 21: Trial will continue, Proceedings await decision from Constitutional Court
• Constitutional Court issues rulings, ongoing questions about how they impact genocide trial proceedings
• Genocide trial still suspended: Supporters remain hopeful, public dialogue continues
• Genocide on Trial, Day 22: Trial reconvenes and attempts to move forward
• Genocide on Trial, Day 23: Proceedings continue, trial will reconvene on May 7
• Genocide on Trial, Day 24/25: Defense incensed and exposed, Judge moves to concluding arguments
• Genocide on Trial, Day 26: Concluding arguments, "You cannot deny the undeniable"
• Genocide on Trial, Day 26 part 2: Benjamin Jerónimo on behalf of AJR, "I ask that justice be done... so the survivors can feel peace"
• Genocide on Trial, Day 27: Genocide trial closes and moves to deliberations
• Ríos Montt: Guilty of genocide and crimes against humanity
• Sentence of Dignified Reparations for the Ixil People
• Genocide trial sentence overturned; CALDH press conference called sentence, "An opportunity for peace"

Speculation around genocide trial restart; Ríos Montt back under house arrest

Guatemalan civil society reacted to the May 20 annulment of the genocide trial verdict through public actions, marches and vigils overwhelmingly rejecting the decision. On May 24, an impromptu march that some activists reported to be the largest in recent history organized in the name of memory in Guatemala. An estimated 5,000 people filled the streets of the capital to denounce impunity and call for justice. Supporters throughout the world also organized solidarity protests outside Guatemalan embassies to echo the message: Yes, it was Genocide. Sí Hubo Genocidio.

"The truth is told, justice was sentenced. Yes it was genocide."
See more photos from the May 24 march via CPR Urbana

While public opinion on the genocide trial annulment has been expressed in the media and on the streets, the answers to the legal questions necessary to clarify the future of the trial are only slowly being untangled.

Following the decision of the Constitutional Court (CC) to annul trial proceedings after April 19, the Guatemalan Supreme Court faced the challenge of composing a three-judge Appelate Court to carry out the CC decision. Possibly fearing a black mark on their record and the condemnation of the multitudes of national and international bodies calling for an end to impunity in Guatemala, at least 61 judges excused themselves from the case.

Finally, on May 27 the Appellate Court was formed and rapidly carried out the CC decision to annul the trial. Shortly thereafter, Judge Yassmin Barrios excused all three members of her presiding tribunal from future genocide trial proceedings, the inevitable outcome of having already issued a verdict.

On June 4, the Appellate Court assigned the case to the First High Risk Crimes Court "B", made up of Judges Irma Jeannette Valdés Rodas, María Eugenia Castellanos and Sara Griselda Yoc Yoc. The tribunal has presided over other high profile cases for justice including the conviction of Pujujiles gang members for the 2010 murder of Maya artist and community leader, Lisandro Leonardo Guarcax González, and 32 other victims. Judge Irma Jeannette Valdés Rodas also led the tribunal responsible for the conviction of ex-general Pedro Pimental for his involvement in the Dos Erres massacre.

While news reports quickly spread that the trial would not resume until April 2014, an official restart date for the genocide trial has not been determined. The First High Risk Crimes Court "B" has only confirmed their case list extends through March 2014.

Ríos Montt was transferred to the Military Hospital on May 13, after spending only 3 nights in prison. He stayed in the hospital until the early hours of June 12, when he was ordered to return home under house arrest, as he was ordered in January 2012. José Mauricio Rodríguez Sánchez, who was acquitted of all charges, is back in police custody and remains in the Military Hospital, according to Guatemalan newspaper El Periódico.

Meanwhile, Ríos Montt and Rodríguez Sánchez' lawyers continue to argue that the former generals should be granted amnesty. However, Article 8 of the National Reconciliation Law, passed as part Guatemala's 1996 Peace Accords, invalidates amnesty in the cases of genocide, torture and forced disappearance. Regardless, the defense lawyers continue to claim the law cannot be applied retroactively - that is to say that  it cannot be applied to crimes committed in 1982 and 1983. The lawyers originally made the case for amnesty in December 2012, and were denied by Judge Miguel Ángel Gálvez. Naturally the defense appealed, and now it's up to the Constitutional Court to make a final ruling. Ramón Cadena, expert in international law, declared in his testimony on day 15 of the genocide trial: "Genocide can't be forgiven, it can't be granted amnesty."

NISGUA in NYC with the Association for Justice and Reconciliation: Listen live to our special event

Live transmission of event in NYC with the AJR. Tramission will begin at approximately 7:15pm EST, May 30, and last for one hour.

Transmisión en vivo de la actividad en la ciudad de Nueva York con la AJR. Transmisión de 1 hora, 30 de mayo, empezando a las 7:15pm EST (aproximadamente).

Alternate link: here

AJR Declaration to the United Nations Permanent Forum on Indigenous Issues

The Association for Justice and Reconciliation addressed the United Nations Permanent Forum on Indigenous Issues in New York City today. We are honored to provide the exclusive English translation of the declaration. Read the Spanish version here.

 Association for Justice and Reconciliation

Declaration to the United Nations Permanent Forum on Indigenous Issues, 12th Session

New York, NY, May 22, 2013

Brothers and sisters of the indigenous peoples of the world and members of the Permanent Forum:

We, as indigenous peoples, stand on the threshold of a new era of shared struggle. In this spirit, we come to ask that the Assembly recommends to the state of Guatemala that justice for our people prevails and that a strong foundation be built to construct new, more just, and harmonious relations for all.

On May 10, Guatemala set an example for the world by being the first country to emit a sentence for genocide against a former head of state in a national court.  We, the plaintiffs and members of the Association for Justice and Reconcilation, have seen this process as an opportunity to recuperate the truth that has been denied to our families and to Guatemalan society in general. It is an opportunity to confront the past and address the root causes of the discrimination we suffer as indigenous peoples in Guatemala today.

However, the sentence has just been annuled by the highest court in the country. This takes place in a context where business elites and groups linked to the military who carried out the extermination rejected the sentence and sought to create terror by encouraging social polarization and calling for society to deny the truth. What happened this week in Guatemala is not coincidence, but part of a political structure that denies us justice. We have spent 12 years preparing evidence and arguments, dealing with all manner of obstacles. The moment we begin to move forward, the legitimacy of judicial processes is questioned and we hear officials threatening lawyers and judges. Despite all of this, our cause does not end here.

Today, more than ever, it is imperative we continue to demand justice and face the past to ensure acts of genocide never again take place in Guatemala and the Guatemalan state respects, protects and promotes the rights of indigenous peoples. As long as this does not happen, the state will continue to deny our rights and facilitate the dispossession of the lands and natural resources that are fundamental to the material and spiritual life of indigenous peoples. Brothers and sisters: we must stop the continuation of genocide in Guatemala.

Not in Guatemala nor any other place in the world: Genocide, never again

Genocide trial sentence overturned; CALDH press conference called sentence, "An opportunity for peace"

The Guatemalan Constitutional Court emitted a resolution late Monday evening to annul the genocide trial verdict and revert proceedings back to April 19. Judge Barrios of the First Court for High Risk Crimes "A" has 24 hours after being notified of the resolution this morning to comply with the Constitutional Court. The full impact of this decision is yet to be determined.

Yesterday morning, the Center for Human Rights Legal Action called a press conference to publicly share the genocide trial sentence. A cross-section of Guatemalan society gathered to celebrate the sentence as a fundamental step in achieving peace.

See our full translation of yesterday's press release below.

"Yes, it was genocide. Guatemala walks firmly toward peace"

The Genocide Sentence
An Opportunity for Peace

Today Guatemala has a new opportunity for peace, an opportunity that is constructed on the foundation of memory and truth of the Maya Ixil people and on the foundation of justice and strengthening the rule of law.

The First Court for High Risk Crimes "A" has condemned General José Efraín Ríos Montt for genocide and crimes against humanity. The sentence against Ríos Montt verifies that the crime of genocide was committed in Guatemala and situates his participation in grave human rights violations committed during the internal armed conflict.

With this historic sentence, the Court has given evidentiary value to the brave testimonies of the Ixil men and women, who after 31 years have been heard and had their suffering recognized by the Guatemalan justice system.

Through these testimonies, as well as scientific and documentary evidence, the court proved the evidentiary value and demonstrated the intention to destroy the Ixil who were identified as the internal enemy, "the violent actions committed against the Ixil weren't spontaneous but rather the concretization of previously elaborated plans that formed part of state policy aimed at eliminating a specific ethnic group… Having proved to society that they were civilians, dedicated to agriculture."

The sexual violence was a systematic attack against women, which contributed to the destruction of the social fabric and whose objective was to eliminate the Maya Ixil ethnic group. Women suffered intentional violence and humiliation, not only as a means to inflict mental and physical harm, but also as a means to impede the physical and cultural reproduction of the group.

The prevailing racism in Guatemala was "the machinery of extermination," and was the foundation for genocide. "Racism expresses itself in the conduct, imagery, and racist practices and ideologies that occupy distinct spaces and reach society as a whole… Racism profoundly affects, provokes, collaborates and contributes to the genocide that occurred in Guatemala." Historically, a stereotype of an "indian" has been constructed as an inferior, as "a bad person, thief, ugly and who smells bad." The elites have historically presented the idea of "their elimination" or the necessity to "improve the race". This was what was put into practice in the Genocide.

Through this trial, networks of impunity have been uncovered which are still deeply entrenched in the justice system. There are also powerful groups that continue to deny the possibility of living in a full democracy with true rule of law. We've witnessed illegal resolutions; malicious litigation and the attempt to discredit actors within the justice system through various means. It is important to reiterate, that during this trial, it is the public oral debate which determines if the means of evidence reached their evidentiary value. This is what gives force and credibility to the rule of law and not the hundreds of appeals submitted to delay and obstruct justice.

The survivors of the genocide have taught Guatemalan society a lesson; It is possible to move forward and resolve controversies through established democratic means. Those who invoke hate and violence or those who are afraid of democratic processes are those who have never believed in peace or democracy.

We call upon Guatemalan society to not be convinced by these violent, racist and discriminatory messages of those sectors that threaten actions, and even violence if the ruling is not revoked.

We share the idea that this sentence is part of a watershed moment in the history of Guatemala, as it opens up the opportunity for us to once again ask ourselves as a society what it is we desire for the present and future of our country. Guatemala has a new opportunity, shaped by the long path toward justice that the victims undertook decades ago. This path symbolizes the claims and recognition of true reality, not only for the Maya people but also for the thousands of the victims arbitrarily executed, disappeared and massacred in our territory.

Association for Justice and Reconciliation, AJR; Ancestral Maya Authorities of the Ixil Region, Victims Movement Association for the Integral Development of Northern Quiche; Departmental Youth Association of Sololá Kaji Batz; Association for Development and Recovery of Alta Verapaz, AJODER; Caja Lúdica Association; The Association of Family Members of the Detained and Disappeared of Guatemala, FAMDEGUA; Community Studies and Psychosocial Action Team, ECAP; Center for Human Rights Legal Action, CALDH; Collective We the Women; National Coordination of Guatemalan Widows, CONAVIGUA; Coordination of Ixil Women "Baxil B'atz"; Committee of Victims of the Ixcán; Coordination of Youth for Guatemla, CJG;  Coordination Genocide Never Again; Coordination and National Convergence Waqib Kej; the Guatemalan Religious Confederation, CONFREGUA; Relatives in Search of Truth and Justice for the Victims of the Military Diary; Rigoberta Menchú Foundation; HIJOS Guatemala; Institute for Comparative Studies in Criminal Science, ICCPG; Institute for Sustainable Development Teaching, IEPADES; Julio Solorzano Fopa; Women Transforming the World, MTM; Movement of Maya Youth, MOJOMAYAS; Archbishop's Office on Human Rights, ODHAG;  Pastoral Youth Ministry of San Marcos, Network of Ixil Youth "Chemol Txumb'al"; Security in Democracy, SEDEM; Women's Sector; Civil Society for Youth Development/ Foundation for the Youth; National Unity of Guatemalan Women, UNAMG

Read the complete sentence here:
www.caldh.org
www.paraqueseconozca.blogspot.com

Sentence of Dignified Reparations for the Ixil People

On May 10, Efraín Ríos Montt was found guilty of the crimes of genocide and crimes against humanity, in an historic ruling that sentenced him to 80 years in prison. As ordered during the verdict, yesterday Judge Yassmín Barrios heard the reparations requests of the Association for Justice and Reconciliation and the Center for Human Rights Legal Action. Below we have translated a summary of the petitions granted to the plaintiffs.

The representatives of the survivors put forth an extensive list of petitions and made special mention of the women who suffered sexual and gender violence. In a trial filled with moving and powerful moments, the day in which women bravely spoke to an open courtroom stands out for many. Read more about their courage here

In a notable link between the crimes of the past and violence occurring in Guatemala today, the plaintiffs asked the government be ordered to respect Convention 169, the International Labor Organization convention stating indigenous peoples have the right to free, prior and informed consent on any projects taking place in their territories.

Plaintiffs ask exec branch to consult indigenous ppl in all actions affecting their territories & natural resources
— NISGUA (@NISGUA_Guate) May 13, 2013

This and other petitions were not granted because the crimes and subsequent verdict relate to an individual –Ríos Montt- and not the state. Therefore, Judge Barrios highlighted, while certain mechanisms of the state will be used to carry out reparations, these are not state reparations.

Another denied request was the restitution of land taken from displaced Ixil victims, the only economic petition made by the plaintiffs. CALDH lawyer noted, 

Reyes: When victims were asked what they want of the state they said, "What we want is justice." This was never for financial reasons.
— NISGUA (@NISGUA_Guate) May 13, 2013

Defense lawyers and social media hate speech have repeatedly accused the victims of being involved in this case for the purposes of financial remuneration.

Below we share the “dignified reparations” granted to the Ixil people, as mandated under the Guatemalan penal code.

Sentence of Dignified Reparations for the Ixil People

Today, May 13, three days after having issued the historic sentence condemning Ríos Montt, the High Risk Sentencing Tribunal A held a hearing to listen to petitions for reparations. The petitions were for dignified reparations for the victims of genocide and crimes against humanity for the Ixil people. The judges ruled the following:

1. That the Executive Branch, through the Ministry of Culture, make a request to the Congress of the Republic that a law declare Mach 23 as the National Day Against Genocide. In addition, the Executive Branch must develop a program to disseminate the verdict, as well as respect for cultural diversity.
2. The President, Minister of Defense, Presidential Secretary for Women’s Issues and others, must publicly apologize to the victims, in particular to the women who were victims of sexual violence. The apologies will be written on a parchment to be submitted to each of the municipal mayors in the Ixil region.
3. Monuments honoring and remembering the victims of genocide will be erected in Santa María Nebaj, San Gaspar Chajul and San Juan Cotzal, in particular for the women victims of sexual and gender violence and the children who were victims of the genocide.
4. Respect and recognition of cultural diversity, training on human rights and international human rights are to be incorporated into the training programs  of all prevention and security [institutions], such as military and police. 
5. Create schools and study center in all three municipalities of the Ixil region. 
6. The Attorney General’s office, in the form of a mural, will reaffirm their commitment to creating a system of justice that is respectful of cultural diversity.
7. The Ministry of Education will create a moving museum that promotes respect for all peoples and peaceful coexistence. 
8. Create a cultural center for the promotion of Maya Ixil culture. 
9. The study of the Ixil genocide will be incorporated into education curriculum. 
10. The National Reparations Plan will incorporate in their programs the category of genocide and crimes against humanity, so that victims may access [financial] reparations.
11. It is ordered that the plaintiff’s institutions will follow-up on the content and compliance of the [reparations] sentence.

 Association for Justice and Reconciliation – AJR
Center for Human Rights Legal Action – CALDH

Ríos Montt: Guilty of genocide and crimes against humanity

Today in Guatemala, Judge Yazmin Barrios found former dictator Efraín Ríos Montt guilty of genocide and crimes against humanity. The court ratified all the elements of genocide described by witness and expert testimony, concluding that Ríos Montt had both command authority and "full knowledge of what was happening and did nothing to stop it."  Ríos Montt was sentenced of 80 years in prison and is now in police custody. Former intelligence director Rodriguez Sánchez was acquitted of all charges.

The historic sentence was greeted by cries of "Justice!", the singing of hymns, and emotional displays of appreciation by Ixil witnesses and other members of the public. "After so much struggle, we've finally achieved our goal," said a member of the Association for Justice and Reconciliation.

Although the court's ruling is sure to be subjected to ongoing challenges, now is not the moment for doubt. Now is a moment to fill our hearts in celebration of the years of dedication and toil that have led to this victory. It is a time for solemn remembrance of the many who have not lived to see justice, but in whose names this struggle has been carried forward.

Today proves that the bonds of solidarity and memory can triumph over violence and forgetting, that the humblest commitment to truth and justice can in time tear down the wall of impunity.

From the bottom of our hearts we thank you for your constant vigilance and accompaniment of the survivors, witnesses, and human rights defenders that have made today possible. We ask you to deepen your support in the coming weeks, months, and years as struggles for justice and self-determination in Guatemala continue in the face of threats both new and old.

Above all, we ask that you join us in celebration, in raising our voices worldwide in a chorus of justice.

In enduring and grateful solidarity,

The entire NISGUA team, now and over three decades in solidarity with the people of Guatemala.

Genocide on Trial, Day 27: Genocide trial closes and moves to deliberations

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

Read our previous summaries: Day 1, 2, 3, 4/5, 6, 7, 8, 9, 10, 11-14, 12, 13/14, 15/16, 17/18, 19, 20-1, 20-2, 21, Constitutional Court decisions, trial suspension, Day 22, 23, 24/25, 26-1, 26-2 and our full archive of ongoing live Twitter coverage.

The final day of the genocide trial began at 8am, as Judge Yassmín Barrios convened earlier in order to accommodate a hearing in Judge Carol Patricia Flores’ court at 8:15am.

The proceedings were short, as expected. José Mauricio Rodríguez Sánchez was given the opportunity to make a request to the court and he made a brief statement. He stated his innocence, reiterating his defense attorney arguments that he did not have the position or power of command to be responsible for the acts of genocide and crimes against humanity.

#JMRodríguez closes: I'm not guilty of anything, I'm innocent. I ask for freedom.
— NISGUA (@NISGUA_Guate) May 10, 2013

Judge Barrios then declared the public oral debate of the genocide case trial concluded, marking the end of proceedings with a resounding pound of her gavel. She announced the verdict would be given at 4pm MDT today. Judges Barrios, Pablo Xitumul and Patricia Bustamante then left for deliberations. Many members of the press and observers in the public gallery decided to remain in the courtroom throughout the day, in order to be assured of seating for the 4pm verdict.

As the judges began their deliberations, Judge Carol Patricia Flores held a parallel hearing at 8:15am, in accordance with a Constitutional Court resolution ordering her to reconsider her April 18 decision. She affirmed her prior decision to roll-back the genocide trial process to November 2011. Representatives of CALDH stated the ruling would not have an impact on the scheduled verdict.

Right now, approximately two hours before the scheduled verdict, the courtroom is already filling up with survivors, supporters, media and human rights observers, all awaiting the outcome of this historic trial. Join us for live tweeting as we broadcast the play-by-play of the verdict: 3pm Pacific, 4pm Mountain, 5pm Central and 6pm Eastern.

NISGUA has provided human rights accompaniment to the witness organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. We will continue to bear witness to the truth and bravery of these survivors throughout this historic trial. To bear witness with us, stay tuned to our ongoing live Twitter coverage @NISGUA_Guate, like our Facebook page and sign up for email updates. 

Genocide on Trial, Day 24/25: Defense incensed and exposed, Judge moves to concluding arguments

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

Read our previous summaries: Day 1, 2, 3, 4/5, 6, 7, 8, 9, 10, 11-14, 12, 13/14, 15/16, 17/18, 19, 20-1, 20-2, 21, Constitutional Court decisions, trial suspension, Day 22 and our full archive of ongoing live Twitter coverage.

A complex entanglement of legal motions in lower and higher courts has plagued the genocide trial proceedings since they were halted on April 19. For great legal background we recommend RiosMontt-Trial.org, in particular the postings on legal battles during the temporary trial suspension, appeals court rulings earlier this week and Constitutional rulings yesterday. Expect analysis on additional rulings issued today on the RiosMontt-Trial blog tomorrow.

Yesterday, May 7, the genocide trial proceedings were the shortest yet, clocking in at just under 30 minutes due to the absence of Ríos Montt defense lawyer Francisco García Gudiel. García Gudiel called in sick to the courtroom, telling the court secretary he was "gravely ill".

Today started with the reappearance of two lawyers who participated in the April 19 walkout: Cesar Calderón for José Mauricio Rodríguez Sánchez and Francisco Palomo for Efraín Ríos Montt. Despite multiple requests to be removed from the case once Calderón was reinstated as Rodríguez Sánchez' lawyer, public defender Otto Ramírez was not removed from the defense. Judge Barrios indicated the need to ensure continuity in the event Calderón abandoned the defense once again.

Proceedings continued with a long and heated argument by Gudiel, touching on legal points ranging from the recusal of Judges Barrios and Xitumal to the annulment of yesterday's proceedings because he was not present due to illness.

Gudiel: "I'm enough of a big boy to tolerate kidney stones," referring to calling in sick to #GenocideGT trial yesterday.
— NISGUA (@NISGUA_Guate) May 8, 2013

Before the judges could move to deliberations, public prosecutor Orlando López interjected with a surprising announcement:

Pub prosecutor announces has video of defense lawyer Gudiel at the Public Ministry yesterday, contradicting his claims he was gravely ill.
— NISGUA (@NISGUA_Guate) May 8, 2013

The audience then viewed date/time-stamped videos and stills showing Gudiel walking without difficulty. The prosecution argued against Gudiel's motion to annul yesterday's proceedings, as well as the point of recusal.

After deliberating, the judges ruled against Gudiel stating the trial proceedings would move forward. What followed was a tirade from Gudiel that stunned courtroom observers and later prompted a complaint to be filed before the Guatemalan Bar Association.

Gudiel raises his voice to judges in #GenocideGT trial: I warn you..I won’t rest until I see you in prison.
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel yells in #GenocideGT trial: You must suspend this debate, I say to the world, Listen! The sentence says this trial must be suspended!
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel is now all out screaming at judges & waving his hands in the #GenocideGT trial.
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel yells again: I say publically, I will not rest until I see you all charged.
— NISGUA (@NISGUA_Guate) May 8, 2013

Gudiel spews at #GenocideGT judges: You don't deserve to be in your positions..What kind of principles did they teach you.
— NISGUA (@NISGUA_Guate) May 8, 2013

The judges, after calmly listening to Gudiel, address the court.

Barrios reminds lawyers of professional code of ethics, "All human beings deserve respect…lawyers have to respect these norms and ethics."
— NISGUA (@NISGUA_Guate) May 8, 2013

After deliberating Judge Barrios stated, "It’s important to state we don’t accept threats of any kind...We don't accept threats of any kind because we believe in judicial independence." They once again reject Gudiel's motion and order the trial to continue after the lunch recess.

Upon return from the lunch hour, Judge Barrios asked for the defense to present their final witnesses. Habitually unable to provide them when called upon, the defense once again offered reasons why they didn't have witnesses ready, asking for a continuance until the morning. The judges did not accept the requests attempting to delay the trial further, stating the defense has had ample opportunities to present their witnesses as well as an obligation to have their evidence ready starting at the beginning of the trial. It is important to note 94 Ixil survivors travelled great distances to give their testimony at the start of the trial, without delaying the proceedings.

Then, incredibly, Judge Barrios asked the public prosecutor's office to present their closing arguments. After almost three weeks of delays, dashed and then revitalized hopes, legal battles and suspended hearings, the genocide trial moved into the conclusions phase, a stage in the trial process many had both expected and doubted would ever happen.

Public prosecutor Orlando López' closing arguments began by outlining Ríos Montt's consolidation of state power, with an analysis particularly relevant to current events taking place in Guatemala.

Relevant to today: Public Prosecutor qualifies the months #RiosMontt was in power as a state of siege.
— NISGUA (@NISGUA_Guate) May 8, 2013

A presentation displayed to the court provided analysis of the military's Counterinsurgency Manual, Plan Victoria 82 and Plan Sofía documents, the National Development Plan and defense witness Quilo Ayuso's testimony. This included an outline of the military's structure and chain of command, high military command's planning and operations strategies, as well as communications structures to show the defendants were aware of the implementation of their plans. The public prosecutor discussed the military's definition of the Ixil people as an internal enemy of state, the use of sexual violence and the forced transfer of Ixil children. In addition to document evidence, López provided a summary of the 94 eyewitness testimonies heard during the first weeks of the trial and the forensic anthropology evidence submitted.

We will be publishing in-depth coverage of the prosecution's concluding arguments soon; stay tuned.

The public prosecutor's arguments concluded with the request that Efraín Ríos Montt and José Mauricio Rodríguez Sánchez be found guilty of genocide and crimes against humanity and given the maximum sentence of 75 years.

Tomorrow civil plaintiffs from the survivor organization AJR (Association for Justice and Reconciliation) and CALDH (Center for Human Rights Legal Action) will each have two hours to provide their closing arguments, at which time the concluding statements from the defense will be heard. After conclusions, the plaintiffs and defendants will be given the opportunity to make requests of the court. It is anticipated that AJR President Benjamin Jerónimo will make a statement on behalf of the victims and survivors.

NISGUA has provided human rights accompaniment to the witness organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. We will continue to bear witness to the truth and bravery of these survivors throughout this historic trial. To bear witness with us, stay tuned to our ongoing live Twitter coverage @NISGUA_Guate, like our Facebook page and sign up for email updates. 
 

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

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

Read our previous summaries: Day 1, 2, 3, 4/5, 6, 7, 8, 9, 10, 11-14, 12, 13/14, 15/16, 17/18, 19, 20-1, 20-2, 21, Constitutional Court decisions, trial suspension, Day 22 and our full archive of ongoing live Twitter coverage.


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

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

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

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

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

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

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

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

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

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

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

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

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

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



NISGUA has provided human rights accompaniment to the witness organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. We will continue to bear witness to the truth and bravery of these survivors throughout this historic trial. To bear witness with us, stay tuned to our ongoing live Twitter coverage @NISGUA_Guate, like our Facebook page and sign up for email updates. 

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

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

Read our previous summaries: Day 1, 2, 3, 4/5, 6, 7, 8, 9, 10, 11-14, 12, 13/14, 15/16, 17/18, 19, 20-1, 20-2, 21, Constitutional Court decisions, trial suspension and our full archive of ongoing live Twitter coverage.

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

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

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

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

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

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

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

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

NISGUA has provided human rights accompaniment to the witness' organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. We will continue to bear witness to the truth and bravery of these survivors throughout this historic trial. To bear witness with us, stay tuned to our ongoing live Twitter coverage @NISGUA_Guate, like our Facebook page and sign up for email updates. 

Genocide on Trial, Day 20: AJR Survivors Respond to Dramatic Events

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

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

The Association for Justice and Reconciliation (AJR) represents the witnesses and survivors of Guatemala’s genocide and are co-plaintiffs in the case against Efraín Ríos Montt and José Mauricio Rodríguez Sánchez. For more than a decade the survivors have struggled for the opportunity to have their case heard in a court of law. The last 20 days of public oral debate in the genocide trial have demonstrated to the world their unwavering commitment to truth and justice. Below we share some of their reactions to the day’s proceedings.

Yesterday I was very happy because we were close to having the sentence. Unfortunately, the Courts of Justice have stomped on the constitution. They change the laws to fit their needs; they do whatever they want with them, whatever they crave. But right now I feel excited because the lawyers are not saying that we will stop here. We have to move forward with the struggle until the end. This is not going to be just half way finished.

-Former AJR board member

For me it was difficult because this situation should not take place in court. They are judges that know the law and they are violating our rights as victims. They are trying to invalidate everything we are presenting, the evidence and the entire phase that we have already gone through, as if they do not appreciate anything we have presented. But I think that the judge is playing a dirty game. It is illegal and she does not have legal arguments. The decision was illegal.

[The judge] doesn’t want to uphold the law and that is why we totally reject this decision. [The judge] only wants to help impunity continue to reign in Guatemala and that is why we as victims have to break this noose of impunity, this beast that for so long has ruled Guatemala. We want the judge to uphold the law so that it may strengthen the rule of law in Guatemala so that we can have a different kind of country, a real democracy.

-Member of the AJR

They want the [the process] to be annulled, but that is not how it is. In no moment will [the process] be annulled. I start to think that it is embarrassing for them because they are lawyers. Imagine! They have the law in their hands and they jump right over everything that has to do with us, the indigenous. They jump over it. They don’t want to touch it. 

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

Statement by the Center for Human Rights Legal Action (CALDH), the lawyers representing the AJR and co-plaintiffs in the case

HISTORY WRITES ONE MORE PAGE OF IMPUNITY

The women victims of sexual violence, the children stolen from their families, the men and women survivors of the massacres committed by the Guatemalan army during the internal armed conflict, WERE MOCKED, by the resolution issued by the Judge of the First Court for High Risks Crimes “A”, who we consider to have erroneously interpreted all of the decisions issued by the Appeals Court, the Supreme Court and the Constitutional Court.

Their resolution will be named in the pages of Guatemalan history as IMPUNITY, which is why we call on all of the bodies of the justice system to appeal this decision. This judge is attempting to give orders to the Trial Court, when she does not have the authority to do so.


NISGUA has provided human rights accompaniment to the witness' organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. We will continue to bear witness to the truth and bravery of these survivors throughout this historic trial. To bear witness with us, stay tuned to our ongoing live Twitter coverage @NISGUA_Guate, like our Facebook page and sign up for email updates.