Retrial for Ríos Montt to take place behind closed doors

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

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

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

— NISGUA (@NISGUA_Guate) August 25, 2015

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

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

— NISGUA (@NISGUA_Guate) August 25, 2015

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

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

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

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.

Genocide survivors respond to congressional resolution to deny genocide

"We are thousands of Guatemalan victims of grave human rights violations committed during the internal armed conflict. The only thing we ask for is justice."  - Communique from survivors in response to congressional resolution to deny genocide

Genocide survivors gather in front of the Congress of the Republic.

On late Tuesday, May 13, the Guatemalan Congress passed a shocking resolution categorically denying that genocide occurred in Guatemala. The resolution states that the “so-called ‘trial of the century’” threatens “National Reconciliation”. 87 congressional members, of the 111 present, voted in favor of the resolution across party lines.

Today, genocide survivors gathered outside Congress to denounce this resolution. Below are excerpts from their statement.

Banners outside Congress call for truth and justice for genocide.

Communique from the Victims of the Guatemalan Genocide to the 

Congress of the Republic

The victims of the grave violations of human rights and International Humanitarian Law, who suffered genocide, forced disappearance, torture, extra-judicial executions, sexual violence, massacres and assassinations committed by the forces of the State of Guatemala during the recent internal armed conflict, express our rejection of the congressional resolution approved by 87 representatives of the Congress of the Republic on May 13, 2014.

We remind the representatives that the state is required to respect the rights of victims to truth and justice precisely because Guatemala is a signatory to international human rights treaties and conventions. It is indispensable that grave crimes such as genocide and crimes against humanity are judged and that justice is done.

We demand that the Congress of the Republic respect the National Reconciliation Law... We condemn any attempt to grant amnesty for these crimes.

We remind the representatives that the State of Guatemala has been condemned internationally for failing to investigate, judge and sanction the people who have committed acts of torture, extra-judicial executions, forced disappearances, sexual violence and other grave violations of international humanitarian law and human rights.

Nobody and nothing should influence the Judiciary, not even these Congressional representatives who, coincidentally, will be electing the judges of the Supreme Court and the Appeals Court.

…We remind the representatives that their legislative duty should benefit the majority of the population and not a small group that feels directly affected; a court of law decided that - Yes, it was Genocide!

We express our concern and rejection of this resolution, which is a clear intervention in the justice system that puts at risk one of the fundamental pillars of the rule of law: swift and full access to justice...

This resolution simply demonstrates that personal and ideological opinions about the armed conflict take precedent over the common good. We are thousands of Guatemalan victims of grave human rights violations committed during the internal armed conflict. The only thing we ask for is justice. 

We want to make clear to the 87 representatives that voted in favor of this resolution that the victims, keeping in mind our rights and obligations as citizens, acting with fraternal conduct and in the clear exercise of our human rights, request justice for what happened during the conflict. We have sought out this democratic and legitimate path. We presented charges against the material or intellectual authors of the atrocities that we suffered. This is our constitutional right that nobody and nothing can take away from us.

We invite the international community to observe the fulfillment of the international obligations of the state in human rights and humanitarian rights so that the barbaric acts committed against the civilian, non-combatant population are investigated, judged and sanctioned. We call on you to be attentive to any attempt to distort the law in favor of impunity.

Congressional representatives: we the victims, want peace – the same peace that you mention in your resolution – that is born of respect for human rights and the right to justice and dignified reparation, which is a primary guarantee that these acts will never be repeated.

In the name of those of us who want peace, that look for pathways to democracy and not hate, racism, impunity and forgetting, we demand that this resolution be retracted. As it says in the genocide sentence, “... to recognize the truth helps to heal the wounds of the past... the application of justice is a right that aids the victims and that also contributes to the strengthening of the rule of law in our country...”

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.

Human Rights Convergence statement on the Attorney General nomination

The pact to maintain impunity consolidates with the nomination for Attorney General

The Human Rights Convergence states:

The director of the Public Prosecutor’s Office is a key and decisive position to guarantee that justice is done and that it is swift. With Doctor Claudia Paz y Paz Bailey at the head of the Public Prosecutor’s Office, meaningful steps were taken in recuperating the Office’s ability to undertake criminal persecution. The Nomination Committee for candidates for the Attorney General position missed an opportunity to advance [these steps]. Instead of offering the Guatemalan society a quality nomination, it presented a list that does not guarantee that this is achieved.

The list of candidates put forth by the Nomination Committee seeks to consolidate a pact to maintain impunity. It is a pact pulled together in the shadow of impunity, by structures responsible for grave human rights violations, sectors of the traditional economic power of the oligarchy and sectors of organized crime.

In the hands of deans, the majority of whom prevail from private universities, the President of the Guatemalan Bar Association and its Ethics Tribunal, the decision was made to form a list of applicants that does not comply with the minimum standards required for candidacy.

During nearly two months, the Nomination Committee joined in the perverse game, mounting a spectacle in which criteria was defined for rating the candidates’ qualifications, including requirements for work plans, education levels and interviews; criteria that was not respected in the end. [The Committee]  flagrantly violated the right to petition exercised by more than six thousand citizens, whose demand [that Paz y Paz be included in the final list of candidates] was illegally dismissed.

Therefore, the list of candidates that was approved and delivered to the President of the Republic includes people who have been sanctioned by the Human Rights Ombudsman’s Office, people lacking experience in criminal proceedings, people linked to the executive office, as well as people linked to private companies, among other shortfalls required for the position.

By presenting this list of candidates, which left out the only Attorney General who has demonstrated leadership in the pursuit of justice, the Nominating Committee has inflicted grave damage on Guatemalan society.

Thus, we reiterate our commitment to the pursuit of justice and we call on all Guatemalan citizens and the international community to uphold the rule of law and respect for human rights in Guatemala.

Guatemala, April 30, 2014

"Justice for genocide: A survivor's story" visits the Midwest

“We are here in the United States asking for your solidarity. Borders divide us, but justice is a fundamental pillar of democracy” -Anselmo Roldán to the international community

From November 7-11, NISGUA visited six Midwestern cities with Association for Justice and Reconciliation (AJR) president Anselmo Roldán.  The Midwest leg of our speaking tour started in Oberlin, OH, hosted by NISGUA sponsoring community, the Santa Elena Project of Accompaniment (SEPA).

Similar to other sponsoring communities who are connected to NISGUA's Guatemalan Accompaniment Project (G.A.P.), SEPA's direct support to G.A.P. is a concrete example of their solidarity with our partners, the AJR. SEPA was proud to host Anselmo and continue supporting the movement for justice in Guatemala.

Members of SEPA and other attendees at our Oberlin College presentations joined our postcard campaign, sharing why the genocide sentence is important to them. Some highlights from their messages include:

It is vital to give truth and validity to the voices of people that experienced genocide and make sure the law is upheld.

I feel deeply the loss of your loved ones and I want to help you remember them in the strongest way – to let the truth be known.

I believe in the people of Guatemala.

I believe in supporting the truth!  Thank you for your courage and dedication to justice.

It is important that people can live where they have the right to live, and speak their language, and love their families and support themselves without fear.

In addition, Anselmo was able to rest a bit and enjoy a true U.S. Fall while in Oberlin. He happily pitched in raking fallen leaves with SEPA member John Gates!

From Oberlin, Anselmo and NISGUA staffer Ellen Moore headed west to Chicago for three exciting presentations! A Loyola University faculty member hosted two presentations with Anselm, where he spoke to over 80 students who attended from three different universities across Chicago. The students, some hearing about the Guatemalan genocide for the first time, sent powerful messages of support back to Guatemala for the AJR:

Les mandamos nuestro apoyo a la sentencia por genocidio desde Chicago. Es importante estar unidos en tiempos difíciles para poder ejercer cambios.

The calculated, systematic murder of a group of people by their government, which it is supposed to protect and serve, is the greatest crimes imaginable. I support your cause and believe in justice.

The injustice cannot be silenced anymore

I support a world community committed to bringing all crimes against humanity to justice.

Genocide is a tragedy and justice is a basic human rights.

I believe in the right to life, I believe in a lawful government.

We rounded out our Chicago visit with an evening community event at the University Church Chicago. The Guatemala Partnership, based at University Church, graciously hosted a dinner for Anselmo followed by a public presentation. Anselmo spoke before a packed room, sharing his story as a genocide survivor and human rights defender. University Church is deeply connected to the struggle for justice. The Church was a sanctuary church during the 1980s, providing crucial support for Guatemalans fleeing the internal armed conflict. The Church's commitment to peace, justice and solidarity continues:

La verdad es una fuerza que tiene vida propia.  Su ejemplo y su valor me ha cambiado la vida para siempre. Gracias – Reverend Sara Wohlleb

It represents a historic and brave decision for justice and truth and is an example and beacon of hope for the world that those who commit atrocities will be brought to justice.

Until my teacher spent class time to discuss what happened, I was unaware of the genocide. I am amazed by the AJR’s strength. I want to support the people that have suffered so much.

La justicia existe y vive en nuestros corazones y sabemos que su verdad es la verdad.

Innocent people were killed and the guilty are free. There should be justice for genocide and crimes against humanity.

No one has the right to take someone else’s life.

Yo soy refugiado en Chicago con mi familia por causa de la Guerra de Rios Montt.

It is just – and there can be no peace without justice. Dear people of Guatemala, I hold you in my heart.

Finally, Ellen and Anselmo headed to Wisconsin to join NISGUA board president Melinda Van Slyke for three days of events in southern Wisconsin. Committed groups of NISGUA supporters attended community events in both Madison and Spring Green. During downtime, Anselmo and Ellen  enjoyed the natural beauty of a handful of Wisconsin's many lakes.

In Viroqua, WI, we joined longtime NISGUA supporter Connie Vanderhyden of the Kickapoo Guatemala Accompaniment Project (K/GAP) for a community event. Following Anselmo's presentation, K/GAP hosted a meal in order to continue chatting and sharing. Some messages left by attendees for the AJR include:

Every perpetrator of genocide should know that it will not stand before the law. Your courage brings tears to my eyes. Keep telling your truths. We are behind you.

Without justice there will be no peace. La Lucha continua!

Si hubo genocidio en Guatemala! Estimados miembros de la AJR – hay que saber que estamos con ustedes en solidaridad siempre!

Accountability is part of the healing process. Impunity prevents healing. The voices of the Guatemalan people have spoken the truth. Their perseverance and courage are testament to their truth. Justice requires that the sentence stand.

For all the lives lost, and for the ongoing suffering of the survivors the sentence must stand. The world is watching.

Anselmo connected with more Midwest students on his last day in Wisconsin at Viterbo University and University of Wisconsin - La Crosse. Students at both universities were captivated by Anselmo's story and joined in our campaign with these powerful messages:

I support the sentence because nobody should be above the law. These communities deserve justice.

Its not about revenge, it’s about justice and everyone deserves justice.

The AJR is courageous for standing up for themselves and coming to the US to tell their story. Thank you for coming to talk to us, and don’t be discouraged.

Please share your own message of support for the historic genocide sentence and the brave survivors of the Association for Justice and Reconciliation and continue the call for NO AMNESTY and NO IMPUNITY for war criminals! Participate today!

Continue to follow the NISGUA tour! Read about our previous stops in Tucson, D.C. and Los Angeles. See what cities we're headed to next by visiting our website.

"Justice for genocide: A survivor's story" visits Los Angeles

The Guatemala Education and Action Project (GEAP) hosted NISGUA and the Association for Justice and Reconciliation (AJR) on our third tour stop in Los Angeles. GEAP's events included a press conference, community event and a number of college speaking opportunities for AJR president Anselmo Roldán.

Anselmo receives a plaque by a local Guatemalan in Los Angeles.

Posters calling for justice accompany Anselmo's
presentation at a community event.

NISGUA staffer Ellen Moore supports Anselmo with interpretation.

Nearly 100 local activists and community members greeted and listened to Anselmo at the Los Angeles community-wide event. Groups in attendance included Mujeres Abriendo Caminos, Centro Colectivo de Centro America in Los Angeles, the Maya Center, AGUA, MayaVision, Local 721 SEIU, SOAWatch LA. The event was high energy, with many local Guatemalan Americans in attendance. After Anselmo's presentation, guests enjoyed marimba, dancing, a silent auction and tamales!

Anselmo is welcomed by local Guatemalans and LA activists.

Local Guatemalans who were forced to leave Guatemala due to violence joined the AJR to demand justice for genocide. They participated in our postcard campaign to send messages demonstrating their support for the survivor's organization and the historic genocide sentence back to Guatemala:

En solidaridad con las mujeres y hombres en lucha y justicia para Guatemala. No desmayan – Mujeres Abriendo Caminos

No hay lugar en este mundo, en estos días para estos criminales

Soy guatemalteco, migrante en Los Ángeles. Veo la Verdad, veo que mi pueblo necesita paz verdadera. La verdad es que hubo genocidio y los culpables deben pagar.

Porque yo soy primo, sobrino y hijo de los victimas de la Guerra en Guatemala. Todos los días pienso en una Guatemala en paz. Animo compañeros.

It is time for truth. We want justice.

It is unjust and unfair but your courage is inspiring.

Yo apoyo y los doy fuerza para que enseñen al mundo la democracia

Porque el pueblo indígena de Guatemala merece respeto. Las mejores vibras, aplausos y fuerza en su búsqueda de justicia. Estamos con ustedes.

Yo apoyo que la sentencia se mantenga para hacer valer la memoria de las personas que fueron masacradas.

Send your own message of support to the AJR and take action! Sign the petition to join the call for "NO AMNESTY" and share why the genocide sentence is important to you.

Youth help raise money for the AJR at the LA community event.

A lunch colloquium at Pomona College brought together students and faculty to listen to Anselmo's story. Later that same day, Anselmo presented to a class on Central American politics at California State University - Northridge. Students from both Pomona College and CSUN engaged with great questions for Anselmo and enthusiastically responded to our postcard campaign with messages of why they support the genocide sentence:

 

Mis bisabuelos sobrevivieron un genocidio en Armenia que no está reconocido por todo el mundo. Entiendo que todas las victimas de crímenes contra la humanidad merecen justicia.

The people of Guatemala deserve a justice system that they can rely on to protect their rights.

Representa la esperanza de un Pueblo por la lucha por la justicia.

Justice needs to be served for the ones who died, the ones who suffered and the ones who were silenced.

I believe in a democratic government and this means that the government must protect the citizen’s rights.

My parents are from Guatemala. This is the first time I have heard of this and I will now support this case to the end. Justice must be done.

A nation cannot prosper if it oppresses its own people. For this and many more reasons, I support the genocide sentence.

The faith of the AJR is inspiring. I wish you the best of luck, strength and patience with this journey. Support from Cal State Northridge!

Continue to follow the NISGUA tour! Read about our previous stops in Tucson and D.C. See what cities we're headed to next by visiting our website.

"Justice for genocide: A survivor's story" DC & Tucson tour stops

On October 30, NISGUA began our tour with Association for Justice and Reconciliation president, Anselmo Roldán Aguilar. After a day of meeting with key state and congressional representatives, Anselmo gave his first presentation at the Unitarian Unitarian Church of Arlington. The event, hosted by Partners for Arlington and Guatemala, connected Anselmo with a group of dedicated individuals committed to promoting human rights and education in Guatemala as well as supporting immigrants in their local community.

In D.C., we launched our tour actions - a petition calling for NO IMPUNITY! and NO AMNESTY! for war criminals and a postcard campaign collecting messages in support of the genocide sentence. After Anselmo presented at American University, students responded with powerful submissions in support of the genocide sentence:

Justice needs to be met to the fullest extent of the law. Rios Montt was found guilty already of murder and genocide. His current “freedom” and house arrest is unlawful… the victims need closure and the Guatemalan government needs to do what is right.


All persons need justice and equal rights. The Historican Clarification Comission (CEH) declared that there was genocide in the 1980s and now is the time to remember this in the Guatemalan system. Justice is necessary for the future of Guatemala.

Yo también soy sobreviviente, pero de un crimen mucho menor. Su fuerza y su valor me inspira TANTO! Que sigan adelante! Nunca Mas! Sus crímenes son realidad, y nadie lo puede negar ni borrar. La lucha sigue!

Justicia es necesario para el futuro de Guatemala.

You can stand in solidarity with the AJR from anywhere in the world by participating in the campaign online! Take action: sign the petition to join the call for "NO AMNESTY" and share why the genocide sentence is important to you.

While at American University, former NISGUA staffer Beth Geglia sat down with Anselmo to conduct an interview about his expectations for the fall tour and what he hopes to share with US audiences. Read what Anselmo had to say in Beth's exclusive interview, “There is No Amnesty for These Crimes”: Guatemalan Massacre Survivor Anselmo Roldán Kicks Off U.S. Speaking Tour".

Anselmo finished off his D.C. visits with a potluck hosted by former NISGUA accompaniers. The gathering gave Anselmo the special opportunity to reconnect with accompaniers who once lived in his community of Cuarto Pueblo.

Anselmo and NISGUA's Guatemalan Programs Coordinator, Ellen Moore, travel across the country for their next tour engagements in Tucson, Arizona. There, a community event brought together former accompanies and immigration rights activists for a potluck and presentation with Anselmo. Participants admired the genocide sentence (pictured) and shared their own messages of support, including:

This sentence validates the painful histories that have too long been ignored. Let Guatemala set the standard for justice not impunity.

Los derechos humanos no tienen fronteras! Apoyamos a Uds. en solidaridad – gracias por su lucha para la justicia. The proof is in the sentence. Si hubo genocidio!

The next day, the AJR participated in the Tear Down the Walls national gathering, hosted by the Alliance for Global Justice, with a presentation titled "Guatemalan Genocide Case: Tearing Down the Walls of Impunity." The gathering provided the unique opportunity for cross-border relationship building during a workshop on social, ecological and economic injustices that impact indigenous communities given by the Forgotten Navajo People. Participants discussed structural violence and the imposition of harmful development projects, particularly a uranium mine on Navajo lands. They also discussed the increasing use of the penal system to control movements through the criminalization of leaders and human rights defenders, both in the US and Guatemala.

The AJR and NISGUA also participated in an assembly that focused on the war on drugs, immigration and the militarization of the border to better understand the US policies and laws that drive this deadly system.

Continue to follow the NISGUA tour! See what cities we're headed to next by visiting our website.

"No Impunity! No Amnesty!": Organizations react to news of CC ruling

Guatemalan newspaper Prensa Libre splashed "CC brings José Efraín Ríos Montt closer to amnesty" across its front page headlines, with the corresponding article publishing excerpts of a leaked ruling issued by the Constitutional Court. Plaintiffs and lawyers still have not received notification of the decision at the time of this writing. The article states that the ruling outlines a legal path for granting amnesty to Efraín Ríos Montt for crimes of genocide. Other major news sources and a spokesperson for the Constitutional Court have since stated the decision does not grant amnesty for Ríos Montt, but directs lower courts to clarify previous rulings that denied him amnesty. The Constitutional Court utilized a similar strategy in annulling the genocide case sentence, providing legal direction towards annulment while ordering a lower court to carry it out.

In a press conference today, the Center for Human Rights Legal Action (CALDH) and representatives from other human rights organizations stressed that genocide and crimes against humanity are not eligible for amnesty as outlined in the 1996 National Reconciliation Law. They highlighted that any resolution granting amnesty for genocide and crimes against humanity would be a political decision not supported by national or international law. Read their press release below for further details.

CALDH representatives issue statement to the press

AMNESTY IS NOT APPLICABLE TO THE CRIME OF GENOCIDE AND CRIMES AGAINST HUMANITY

The publication of the article in the [Prensa Libre] newspaper with respect to the supposed decision of the Constitutional Court (CC), has once again taken the Guatemalan people by surprise. It is seen as an attempt to justify the possible granting of amnesty for José Efraín Ríos Montt, who was already convicted of genocide and crimes against humanity, crimes that are NOT ELIGIBLE FOR AMNESTY.

Article 8 of the National Reconciliation Law of 1996 foresees the application of amnesty with respect to political crimes committed during the internal armed conflict and limits the possibility for the application of amnesty in the following way: “The extinction of penal responsibility referred to in this law will not be applicable to the crimes of genocide, torture and forced disappearance, nor to those crimes that do not have a statute of limitations or that do not allow for the extinction of penal responsibility, in accordance with the internal law or the international treaties ratified by Guatemala."

The political constitution and the obligations that are derived from international law indicate that the crimes committed in violation of international human rights and humanitarian law are inadmissible [for amnesty] and cannot go unpunished.

The state of Guatemala has been internationally condemned for not investigating, trying and sanctioning the people that committed acts of torture, extrajudicial executions, forced disappearance, sexual violence and other grave violations of international humanitarian and human rights.

None of the people accused in cases for crimes of genocide, torture, sexual violence, forced disappearance and crimes against humanity committed during the internal armed conflict are subject to the application of amnesty, statute of limitations or the extinction of penal responsibility.

According to Prensa Libre, the supposed decision ordered the High Risk Crimes Court “A” Judge to SUBSTANTIATE the decision related to the decree 8-86*, a decree that Judge Carol Patricia already ruled on in the case against Héctor Mario López Fuentes. She argued that, “whilst the existence of the decree 8-86 has been proven… the content of article 46 of the political constitution of the Republic of Guatemala cannot be dismissed in that it established the general principal that human rights treaties and conventions accepted and ratified by Guatemala have preeminence over internal law…the types of crimes for which the accused were ordered to stand trial are universally prosecuted."

Neither the victims nor the plaintiffs in the case have been notified of the resolution. It is strange and inexplicable that the Constitutional Court should provide the information exclusively to one media outlet and not to the interested parties, the rest of the media and the people of Guatemala in general.

It is our opinion that there may be an erroneous interpretation of the information which could produce harmful consequences for the justice system, given that today the secretary of the same Constitutional Court gave a public declaration to the radio station, Emisoras Unidas, clarifying that the CC is not applying amnesty but rather asking the High Risk Court “A” Judge to substantiate [her previous] decision with respect to decree 8-86.

We ask that the international community observe the fulfillment of the State’s international obligations to human and humanitarian rights so that the acts of barbarism committed against the civilian population do not go unpunished.

We ask that Guatemalan society remain alert to the possible maneuvers of the CC and that it advocate for rapid prosecution based on fulfillment of and respect for the political constitution of the Republic and international law so that delinquent acts of any nature do not go unpunished.

We ask that the Human Rights Ombudsmen observe the actions of the Constitutional Court in order to guarantee the fulfillment of the international obligations of the state with regard to human rights.

The victims of genocide and the people of Guatemala ask: “Does this information respond to the interests and structures of those who have publicly demonstrated their intention to maintain impunity for these cases?" The rulings of the CC with respect to the genocide case against Ríos Montt, have proven that there are judges who continue to pave the road to impunity.

IT WAS PROVEN, THERE WAS GENOCIDE

WE SILENCE THE VOICES OF IMPUNITY

Center for Human Rights Legal Action

Guatemala, October 23, 2013

*8-86 was a wartime decree under the Mejía Victores administration granting general amnesty to all those responsible for, or accused of, political and related common crimes committed between March 23, 1982, and January 14, 1986.

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