Retrial for Ríos Montt to take place behind closed doors

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

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

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

— NISGUA (@NISGUA_Guate) August 25, 2015

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

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

— NISGUA (@NISGUA_Guate) August 25, 2015

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

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

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

Ríos Montt ordered to undergo a full psychiatric review

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

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

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

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

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

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

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

— NISGUA (@NISGUA_Guate) July 26, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genocide retrial: Recusal of judge leads to suspension of proceedings

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

January 5, 2015

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

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

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

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

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

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

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

In solidarity,

NISGUA

"Justice for genocide: A survivor's story" 2013 tour accomplishments

In October 2013, NISGUA and the Association for Justice and Reconciliation (AJR) traveled the greater United States to share a story of determination and resilience: a 13-year journey that finally brought former dictator Efraín Ríos Montt to trial for genocide in Guatemala. Through international human rights accompaniment, NISGUA has partnered with the AJR since the beginning and has previously brought members of their organization to speak in the US about their monumental work for justice in Guatemala. During this year's tour, we were honored to spread word about the AJR's incredible work as plaintiffs in the historic genocide trial and to connect them to a broad US audience.

Anselmo Roldán, president of the Association for Justice and Reconciliation
joined NISGUA for our 2013 tour, "Justice for genocide: A survivor's story"

University students across the US had the opportunity to learn about the AJR's
historic struggle for justice.

In Los Angeles, Anselmo spoke to a largely Guatemalan crowd who demonstrated their
support for the AJR and demanded justice for genocide in Guatemala.

San Francisco, City Supervisor David Campos honored the AJR on behalf
of the city of San Francisco.

.

Over the course of three weeks, AJR President Anselmo Roldán represented the AJR, meeting with over 1,000 individuals in 13 cities in some 40 speaking events. Thanks in large part to the thoughtful event organizing and hosting by many of NISGUA’s dedicated sponsoring communities, former accompaniers and members the AJR, the tour achieved:

• Strategic meetings in Washington, D.C. with Senator Tom Udall, Representatives Frank R. Wolf, Donna Edwards, Raúl Grijalva and Special Ambassador on War Crimes Stephen Rapp. These meetings updated members of the US government about the denial of justice that has taken place since the genocide trial’s annulment and informed them about the AJR's subsequent complaint against the Guatemalan state in the Inter-American Commission on Human Rights. In addition, the meetings garnered support for the AJR and sparked interest in writing a congressional letter on the issue of the genocide case, similar to the 2007 letter, initiated by Representative Grivalva, which called for Ríos Montt's arrest.

• Cross-cultural capacity building at the Alliance for Global Justice's Tear Down the Walls national conference in Tucson, AZ. Anselmo presented the workshop, "The Guatemalan Genocide Case: Tearing Down the Walls of Impunity," and also participated in workshops on immigration, environmental justice, and the drug war in the Americas. 

• Connections with Guatemalan Americans throughout the US, particularly in California. In Los Angeles, local organizations including Mujeres Abriendo Caminos, Centro Colectivo de Centro America in Los Angeles, the Maya Center, AGUA, and MayaVision came out to meet and support Anselmo.

• Formal public recognition from the Guatemalan Education and Action Project (GEAP) and the San Francisco Board of Supervisors. While in Los Angeles, GEAP presented the AJR with a certificate in recognition of their work and its special significance to the solidarity communities living in the United States. In San Francisco, City Supervisor David Campos gave a moving speech, honoring the AJR on behalf of the city of San Francisco. Anselmo returned to Guatemala with these two beautiful forms of recognition to share with the entire AJR board of directors and members.

• School presentations at American University, Pomona College, California State University, Mission College, Oberlin College, Loyola University - Chicago, Viterbo University, University of Wisconsin - La Crosse, University of Wyoming, Regis University and the City College of San Francisco. All university presentations were widely attended by students and community members, some of whom had never heard about the Guatemalan genocide. Anselmo shared his story and left a lasting impact in the classrooms and lecture halls.

• Media coverage, including articles and interviews with La Opinión, Laramie Boomerang, Upside Down World and radio interviews with WORT - Madison, NPR – Laramie,  KUVO’s “La Nueva Voz,” and KPFA’s “La Raza Chronicles”. These media engagements brought the AJR's story that much further by sharing it with those who might not have been able to attended  events.

• Broad base support and action: our 2013 fall tour action campaign garnered over 700 petition signatures saying NO to amnesty for Ríos Montt as well as several hundred written personal messages to the AJR in support of the genocide sentence. We presented the bilingual postcards to the AJR board of directors and they were deeply moved by the powerful messages from supporters across the US. We plan to share the messages with all AJR members later this Spring.

Our fall tour has concluded but you can still show your support for the AJR! Help us reach 1000 signatures on our petition by the end of January!  Sign on and write a personal message by participating in our online campaign.

Justice for Genocide campaign: Presentation to the AJR

This past spring, thousands of you participated in our international "Justice for Genocide" photo and pledge campaign in support of the brave survivors of the Association for Justice and Reconciliation (AJR).

NISGUA staff recently shared your photos and messages with the members of the AJR during their national assembly, in which participants from dozens of rural communities gathered to celebrate the victories of this past year and look to the road ahead.

Our display of over 200 pictures and messages of solidarity was enthusiastically received, with hundreds filing past the photos to see the messages sent from across the world.

Photos from the campaign lined the hall in which the AJR held their conference, representing the international network of supporters who stand with the survivors.

Witnesses and survivors with decades of experience receiving international human rights accompaniment searched the photos to find familiar faces, sharing stories and memories of the hundreds of volunteers who have visited their communities over the years.

Leaders from the organization thanked the international network for their ongoing solidarity and asked international observers on the ground in Guatemala and abroad to remain committed and attentive to the work of the AJR as they continue forward in the ongoing search for justice.

As plaintiffs in the historic Guatemalan genocide trial, the AJR has been at the forefront of the fight to achieve justice for crimes committed over 30 years ago. 13 years after their first complaint was filed before the Guatemalan courts, the AJR succeeded in obtaining a conviction against former dictator Efraín Ríos Montt in April of this year. The historic sentence of genocide dictated by the court highlights the eyewitness accounts the AJR has personally shared with international accompaniers for decades and now stands as testimony to the years of struggle undertaken by the organization.

In addition to the 215 photos and 1,767 pledges we gathered during our Justice for Genocide campaign, we also shared the results of our broader media work, which included:

• Over 40 articles, interviews and press releases
• Over 1,500 Tweets during our live English language coverage from inside the courtroom
• Nearly 30,000 visits to our blog and website during the trial
• Speaking events with the Association for Justice and Reconciliations in New York City and Washington, D.C.

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. Applications to become a human rights observer with NISGUA are now being accepted, learn more here.

Read "Letters for Justice" to find out more about NISGUA's more than 13 years of accompaniment to the AJR. To receive ongoing updates, follow our Twitter feed @NISGUA_Guate, like our Facebook page and sign up for email updates.