Showing posts with label sexual violence. Show all posts
Showing posts with label sexual violence. Show all posts

Wednesday, July 8, 2015

Sepur Zarco: First case of sexual slavery will be heard in Guatemalan courts

On June 22, 2015, Judge Miguel Ángel Gálvez ruled to accept witness testimonies and other evidence in the Sepur Zarco sexual slavery case. This is the first case of its kind to be heard in Guatemala courts and will be presided over by Judge Yassmín Barrios. The case first began in September 2011, when the Breaking the Silence and Impunity Alliance[1] filed a legal complaint against former military personnel on charges of sexual violence committed against the Q'eqchi' women at the Sepur Zarco military base during the internal armed conflict. Although no firm trial date is set, it is expected to begin early next year.

In 1982, the military arrived in Sepur Zarco in eastern Guatemala and accused the Q'eqchí community of forming part of the guerilla. The nearby military base, used as a rest and recreation center for soldiers, was operating within a larger context of illegal land grabs. The center had the support of powerful national and international economic interests who were using large areas of land in the area to produce sugar cane for biofuels and carry out other resource extraction activities.

During the preliminary phase of the trial, 15 women testified to having been enslaved and repeatedly raped by soldiers - sometimes in front of their children - between 1982 and 1988. During these years, they were also forced to cook for the soldiers and wash their clothes. Many of the women were held hostage at the base for at least 6 months in 1982 after their husbands had been disappeared.
Former Colonel Esteelmer Francisco Reyes Girón and former Military Commissioner Heriberto Valdéz Asig were arrested and indicted in 2014, Reyes Girón is being charged with crimes against humanity, including sexual violence, sexual slavery, domestic slavery, cruel and inhumane treatment, and murder. Valdéz Asig is also being accused of crimes against humanity, including sexual violence and forced disappearance.

For more information on the Sepur Zarco case, read an article written by a Luz Mendez, a leader with UNAMG, and an interview with Gabriela Rivera, a lawyer with Mujeres Transformando el Mundo. 

A survivor testifies in 2012 with the support
of an interpreter. Photo credit: CPR Urbana

This case of sexual slavery has opened the door for other cases of sexual violence committed during the armed conflict to be heard - including during the 2013 genocide trial - and has set the stage for the inclusion of the systematic use of sexual violence by the military as considered a war crime. According to the Historical Clarification Commission, 88.7% of the sexual violence committed during the armed conflict was against indigenous women.

Judge Barrios presided over the historic 2013 genocide case that convicted former general Efraín Ríos Montt of genocide and crimes against humanity. Ever since the Constitutional Court overturned the verdict ten days later in a controversial ruling, Judge Barrios has had to fight her own legal battles against economic and military interests that continue to hold power in Guatemala. Shortly after emitting the sentence, Guatemala's Bar Association imposed sanctions on her and attempted to have her suspended from the bench . Later, the Constitutional Court unanimously rejected the sanctions, citing the Bar's actions to impose sanctions on Barrios as an "improper intrusion on judicial independence."

The Public Prosecutor and plaintiffs for this case have already denounced the stalling tactics being employed by the defense in this case as an attempt to evade justice. In the coming months, it will continue to be important to hold the international spotlight on this precedent-setting case. Through ACOGUATE, NISGUA has accompanied the Sepur Zarco case since 2012.

[1] The Breaking the Silence and Impunity Alliance is made up of three organizations: Women Transforming the World (Mujeres Transformando el Mundo - MTM), the Community Studies and Psychosocial Action Team (Equipo de Estudios Comunitarios y Acción Psicosocial - ECAP) and the National Union of Guatemalan Women (la Unión Nacional de las Mujeres Guatemaltecas - UNAMG).

Tuesday, July 15, 2014

Retired military officials arraigned for atrocities at Sepur Zarco military base

Ex-colonel Esteelmer Reyes Girón and ex-military commissioner Heriberto Valdéz Asij were arraigned and ordered to pre-trial detention on June 23 by Tribunal "B" of the High Risk Crimes Court. The two will remain in prison while they await trial on charges of assassination, forced disappearance, and crimes against humanity.

Estelmer Reyes Girón and Heriberto Valdéz Asij in court on June 23.
Photo: CPR-Urbana
The accusations stem from acts ostensibly committed between 1982 and 1983, when Reyes served as colonel of the military base Sepur Zarco, located in eastern Guatemalan department of Izabal, with Valdez as his subordinate. Reyes is accused of the assassination of Dominga Coc and her two daughters, whose remains were exhumed and identified by specialists with the Guatemalan Forensic Anthropology Foundation. Valdez is accused of forcibly disappearing a group of campesinos in 1982, who were at the time involved in a prolonged struggle to obtain legal titles for their lands.

The two are additionally accused of holding at least 15 Q'eqchí women as sexual slaves in the military base between 1982 and 1988. The women were enslaved after their husbands were forcibly disappeared, and held hostage in the military base for at least 6 months.

In September 2012, these 15 women presented their testimony to the court in anticipation of the upcoming trial. The women, concerned for their personal security, wore scarves over their heads to protect their identities as they recounted their stories.

In September 2012 15 women presented their testimony to a Guatemalan court.
Photo: Sandra Sebastián




According to the Commission for Historical Clarification, sexual violence was a "widespread and systematic practice by state agents as part of the counterinsurgency strategy" during Guatemala's 36-year long internal armed conflict. The women of the Sepur Zarco case set global precedent when the trial opened, as the first time the crime of sexual slavery as a crime against humanity was tried in a national court.

Judge Miguel Ángel Alvez reads his order sentencing Valdéz and Reyes to await trail in prison. (En español)

After the court presented its order, the ex-military officials were immediately brought to the Mariscal Zavala Prison. The two men will remain imprisoned until the commencement of their trial, which is tentatively scheduled for the beginning of October.

NISGUA, through the Guatemalan Accompaniment and ACOGUATE, has accompanied the Sepur Zarco case since 2012.

Wednesday, May 8, 2013

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.

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

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.









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

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.

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
 

Tuesday, April 2, 2013

Genocide on Trial, Day 8: Women survivors of sexual violence, "Your truth is our truth"

NISGUA continues live coverage of the trial in Guatemala of Efraín Rios Montt and Mauricio Rodriguez Sánchez for genocide and crimes against humanity. See our archive of live Twitter updates at @NISGUA_Guate.


Read our previous summaries: Day 1, Day 2, Day 3, Day 4/5, Day 6, Day 7 and full archive of ongoing live Twitter coverage.

 

"Their truth is our truth" Women in solidarity with survivors giving testimony on sexual violence




At the close of proceedings yesterday, April 1st, day 7 of the genocide trial, the public prosecutor's office requested the judges close the courtroom in order to hear the testimony of women who survived sexual violence at the hands of the military. Lawyers for the Association for Justice and Reconciliation (AJR) shared the pleas of one of the witnesses, "She begged, that is the word she used, that her name not be published. 'If my family finds out I will be beaten. My family doesn't know.'"

The judges, wishing to maintain an open and public trial, denied the request. They asked that press and media respect the women's requests not to be identified in photos and allowed for the women to appear with their faces covered.

"Justice": Victims' quilt from Alta Verapaz hung outside the courtroom

Activities took place this morning in the plaza while inside the courtroom was filled with supporters from human rights and women's organizations. Women sat in the first rows of the gallery and covered themselves with Guatemalan weavings, in solidarity with the women survivors who would be coming in covered with traditional Maya Ixil cloths to hide their identities.

In the words of one of the morning witnesses, "I'm here, maybe we are covering our faces but I'm going to say what they did to me."

 
"We are all Ixiles": Theatre performance on steps of courthouse



After Pedro Pacheco Bop testified about a massacre in Chel on April 3, 1982, the women's testimony began. One by one the women came with their faces fully covered, guided by supporters. In addition to Pacheco Bop, 12 women gave their testimony today, 10 of whom testified about the brutal sexual violence they suffered at the hands of the Guatemalan military.


[Trigger warning: the following includes descriptions of extreme sexual violence] 




The women testified about their own rape and that of their mothers, daughters and neighbors, of young girls, pregnant women and elders. They gave testimony about gang rapes by soldiers and mass rapes which took place in churches. Several witnesses also shared the stories of the sexual violence they suffered as an element of torture and interrogation, taking place at military bases in Nebaj.
They raped many women. My aunt was near my house, they wanted to rape her and she said, I don’t want you to do what you’re going to do to me, I’d rather you kill me. So they killed her and her three children.
The women shared the health problems that have stemmed from the rapes and the ongoing somatic impacts of the trauma. They shared their wishes for justice. 
"I only want to ask the court for justice. I don’t want my children to suffer."
"I want justice."
"What I'm asking for is justice."
"I’m glad to be here testifying today, that the law is with us today. If justice is done, I thank you."
The majority of the witnesses testifying about sexual violence were not questioned by the defense. However, defense lawyer Marco Antonio Cornejo asked several questions of the sixth woman to testify. She named a Captain Vasquéz as her rapist in her testimony, and Cornejo asked if she had filed a complaint against him. 
Where am I going to file a complaint? There was no justice, where was I going to go? We were threatened by the military.
He went on to ask her, "How do you know the accused?", to which she replied, "I know him because the soldier told me that Ríos Montt had sent the soldiers to us."

We have excerpted the testimony of the 10th woman to bravely give her survival story below:
The soldiers trapped the people. I went with my mother, we went walking because we had nothing, our house and clothes had been burned. We didn’t have food. We walked and went little by little. We went because they had burned our things and we didn’t have food. We ate wild herbs, like Santa Catarina. I’m alive thanks to those plants.

He grabbed me and stabbed me and I have the scars still. I’m here to testify because I suffered, I was raped. For 3 nights I was there, I was raped. I couldn’t move, I couldn’t walk. They hit me as if I was a ball. That’s what hurts me, they made me suffer. They covered my son’s mouth. My son had blood coming out of his nose, his mouth, his eyes. My son died. He raped me and then stabbed me and I still have the scars. Then he left me with his companeros. I recuperated. Then I had to prepare their food. I didn’t eat with them because I was scared.

That’s why I’m here to testify, I didn’t come here to lie. I haven’t done anything. This is what pains me. Maybe it will help me to come testify here, because here I am venting, I am getting it all out. I’m here to testify so that this doesn’t happen again because it pains us women. There were many soldiers, they raped me, I couldn’t move anymore. I was there for a long time with them and they went to kill a man. They asked me if the man was my compañero. He didn’t have a tongue anymore, they’d cut him. They put the man in front of me and asked if I knew them. I didn’t say anything because I didn’t know what they were saying.
We honor the voices and words of these women, who have courageously shared these testimonies, and women survivors of sexual violence throughout the world.


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.

You can take action to support these brave witnesses! Sign our pledge to commit to following the genocide trial and take a photo for justice with your friends.