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.

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

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

-Genocide sentence (page 89 in English translation)

Photo: CMI Guatemala

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

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

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

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

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

How?

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

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

Join the movement!

Confirmed locations participating:

Guatemala City

Toulouse

Paris

Madrid

Barcelona

London

Mexico City

Buenos Aires

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

Australia

Chile

Paraguay

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

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

Guatemala’s Constitutional Court set to hear arguments regarding fate of genocide trial

This morning, the Constitutional Court (CC), Guatemala’s highest court, will hear arguments regarding the April 2013 decision by Judge Carol Patricia Flores to set the genocide case back to a pre-trial phase. The mid-trial ruling cited technical errors in the judicial process and stated that the case should return to November 2011, before Ríos Montt had ever been indicted.

Plaintiffs on the case, the Center for Human Rights Legal Action and the Association for Justice and Reconciliation (AJR), immediately appealed Flores' ruling. One member of the AJR reacted to the controversial decision stating, "[Judge Flores] only wants to help impunity continue to reign in Guatemala and that is why we, the victims, have to break this noose of impunity, this beast that has for so long ruled Guatemala."

If the CC upholds Judge Flores’ ruling, witness and expert testimony that formed the basis for the historic genocide sentence will effectively be erased and Ríos Montt will be free. After hearing arguments by the prosecution and the defense, the CC will have 5 days to come to their final resolution; however, the Court notoriously emits their decision late, leaving the involved parties and the public waiting in suspense.

The 13-year struggle of the survivors did not end with the Constitutional Court’s controversial decision to annul the genocide trial last May. Six months later, the Association for Justice and Reconciliation denounced the Guatemalan State for the denial of justice to the Maya Ixil people by filing a formal complaint with the Inter-American Commission on Human Rights (IACHR). The complaint cited a number of deficiencies in the genocide trial process, including excessive delays and the denial of the right to justice of the witnesses who gave their testimony in court.

Meanwhile, Guatemala’s justice system continues to feel the impacts of the national and international struggle for historical memory, prompted by the groundbreaking genocide trial. The ongoing legal debate regarding the possibility of amnesty for Ríos Montt, despite national and international laws that prohibit amnesty for war crimes, is just one example. The decision on amnesty, which threatens to permanently undermine survivors’ decades-long work for justice, is yet to be resolved, as nearly one hundred judges have recused themselves from hearing the issue. Furthermore, the February decision to end current Attorney General Claudia Paz y Paz's term early has once again called into question the impartiality of the Constitutional Court and has instilled a sense of uncertainty as to the future of human rights cases in national courts.

The AJR commemorates the one year anniversary of the start of genocide trial.
Photo: Cristina Chiqun, March 19, 2014

Despite considerable setbacks since the start of the genocide trial and well beyond the annulment of the verdict, survivors remain positive and committed to ending the reign of impunity in Guatemala. The monumental weight of the genocide sentence continues to validate their struggle in search of truth and justice. 

“When the trial started, I was pleased because I knew that the truth had reached the people of Guatemala, and not just Guatemala but the world. This made me satisfied because what we suffered was acknowledged… They were able to annul the sentence politically but historically no one will take it away from us, the sentence remains in our hearts. One year after the historic trial, we remain strong in order to keep fighting and demanding justice in Guatemala.” - Benjamín Manuel Gerónimo, Vice-President of the Association for Justice and Reconciliation

NISGUA has provided human rights accompaniment to the witness organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. Review our archival coverage of the historic genocide trial here. 

Survivors submit complaint against Guatemalan state for denial of justice in genocide case

Genocide survivors submit a complaint before the Inter-American Commission on
Human Rights in Washington DC on November 6, 2013. Photo: AJR

INTERNATIONAL COMPLAINT AGAINST THE GUATEMALAN STATE FOR DENIAL OF JUSTICE IN THE GENOCIDE CASE


Washington D.C., November 6, 2013 - Today, survivors of the Guatemalan genocide, along with civil society organizations, filed a complaint in the Inter-American Commission on Human Rights (IACHR) against the Guatemalan state for the continued impunity  for grave human rights violations committed against the Ixil people. The complaint is based in the violation of the American Convention on Human Rights and other international human rights treaties.

In the complaint, organizations declare that the Guatemalan state has failed to fulfill its obligation to guarantee victims their right to  justice, given that after more than 30 years no one has been held responsible for the human rights violations suffered by thousands of victims.

Thus, the state is complicit, as according to the Inter-American Court on Human Rights, "impunity creates conditions for continued human rights violations and the defenselessness of victims and their families."


Events reported to the IACHR, in relation to the case for the genocide committed against the Maya Ixil ethnic group, include more than 60 massacres and attacks by Guatemalan army soldiers that resulted in the murder of approximately 1,771 victims, as well as countless victims of forced disappearance, sexual violence, torture and forced displacement.


In addition, the groups denounced the deficiencies and irregularities in the resolutions emitted by authorities in the ongoing legal process against former army generals Efraín Ríos Montt and Mauricio Rodríguez Sánchez. Examples given include: the lack of access the Defense Ministry's archives; judicial authorities' tolerance of abusive filing of injunctions, including those that are unconstitutional, and unnecessary delays in resolutions; the lack of legal basis and arbitrary nature of provisional injunction resolutions; the excessive length of the criminal process; attacks against judicial independence and the lack of protection for participants in the process.


In particular, the organizations highlighted irregularities characterized by the resolution emitted by three Constitutional Court judges on May 20, 2013, by which the process against the said former generals was annulled.


Given this situation, we the petitioners consider ourselves obligated to turn to the IACHR in the hope that the regional system for the protection of human rights can speed the processing of the complaint and assure international protection for victims in the shortest time period possible. Therefore, we ask the Commission to accept this complaint.


Resorting to the international justice system is a right enshrined in international treaties and in the Republic of Guatemala's Constitution. Thus, we turn to the Inter-American System of Human Rights Protection in order that the Guatemalan state fulfills its international obligations to uphold human rights. While impunity continues to exist, there will not be respect for human rights or full democracy in Guatemala.


For the right to a just country!
Association for Justice and Reconciliation - AJR

Center for Human Rights Legal Action - CALDH
Center for Justice and International Law - CEJIL

Guatemala's Human Rights Law Firm - BDH

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.

NISGUA's genocide trial coverage: the complete collection

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Alternate link: here

AJR Declaration to the United Nations Permanent Forum on Indigenous Issues

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

 Association for Justice and Reconciliation

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

New York, NY, May 22, 2013

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

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

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

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

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

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

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

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

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

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

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

The Genocide Sentence
An Opportunity for Peace

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

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

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

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

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

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

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

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

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

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

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

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

Sentence of Dignified Reparations for the Ixil People

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

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

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

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

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

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

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

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

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

Sentence of Dignified Reparations for the Ixil People

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

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

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

Ríos Montt: Guilty of genocide and crimes against humanity

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

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

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

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

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

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

In enduring and grateful solidarity,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genocide trial still suspended: Supporters remain hopeful, public dialogue continues

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

The air in Guatemala is tensely optimistic as various injunctions and appeals related to the fate of the genocide trial are one by one being resolved in Guatemalan courts. The genocide trial has been suspended for just over one week and both Guatemalan civil society and the international community have reacted with widespread popular response. Energy remains high and hope holds strong that the trial quickly resumes.

Survivors gather in vigil on Thursday, April 18.

Following Judge Flores' shocking resolution on April 18 ordering an annulment of the genocide trial proceedings, survivors gathered together in vigil to call for the trial to continue and also to name the impunity at work behind Flores' decision. In the aftermath of the decision, the CICIG and the Attorney General's office qualified the Flores decision as illegal and the next day Judge Barrios followed suit, stating her court would not comply with illegal resolutions. Barrios was, however, forced to temporarily suspend the trial while the Constitutional Court resolves Flores' resolution and other outstanding issues.

Surrounding these recent events, the hashtag phrase #SiHuboGenocidio (#YesItWasGenocide) has swept the top Guatemalan Twitter trends several days in a row. Guatemalans shared family stories, facts and figures, personal declarations and political statements, in an incredible show of public discourse on the topic of genocide in Guatemala. The international community swiftly followed the example and the topic has become a popular forum for dialogue --see the trend in-action for yourself!



A physical display of tweets pulled from the #SíHuboGenocidio Twitter
trend meets the crowd outside Judge Barrios' courtroom on Friday, April 19.

Survivors and supporters marched to the CC later Friday morning to demand
a quick resolution by the Court. Photo: James Rodríguez.
See more of his beautiful photo-essay of the demonstration here.

While popular opinion on the Guatemalan genocide trial is not new, the Twitter phenomenon highlights a new level of conversation being seen in the public arena. An outpouring of support for the trial proceedings has taken place in the form of statements from international experts, organizations and diplomats, sign-on letters from Guatemalan and international organizations and civil society petitions and pledges, all urging the Guatemalan justice system to allow the trial to conclude.

An off-season rain poured on Guatemala City late Friday night and into the next morning but it did not stop genocide trial supporters from gathering in a press conference on Saturday, April 20 to continue to pressure the Constitutional Court. Rigoberta Menchú Tum described the scene, "We are gathered here together today, a day in which even the sky has cried with us." Others interpreted the unusual rain as a sign of cleansing, especially in the context of impunity and corrupt decision-making. Association for Justice and Reconciliation President Benjamin Jerónimo told the crowd, "We continue our search for justice, a justice that is fair. We don't want a dark or dirty justice."

Since it first became apparent the trial proceedings were at risk, an atmosphere of uncertainty has loomed over the outcome of the genocide case trial. Will the trial continue or not? Will the trial restart from where it left off or will it go back to an earlier date? In spite of these questions, CALDH lawyers assured the public, "This is a setback for justice, for the victims, but this is not a defeat."

On Tuesday, April 21, misinformation won the day when erroneous reports flooded Guatemalan and international press stating the trial had been officially annulled. Tuesday morning, approximately 50 buses brought Ixiles from Quiché to Guatemala City for a protest in denial of genocide. A number of Ixil members of the group reported being manipulated to hold signs and banners in protest of the genocide trial. They had been promised fertilizer and only upon arriving in the capital city were informed of the real motive behind the caravan. Ricardo Méndez Ruíz, director of Guatemala's Foundation Against Terrorism, was visibly present amongst the demonstrators and later gave troubling declarations about imminent violence.

Throughout last week, Guatemalan press and genocide trial supporters rushed to the Constitutional Court at any mention of a resolution announcement. On Thursday, April 23, the prosecution team received a resolution from the CC and met an anxious crowd outside only to explain that Judge Flores still had to rule on evidence that was previously rejected by Judge Gálvez. On Friday, she did just that and accepted said evidence. While the genocide trial is rumored to restart at any moment, there are a multitude of legal motions still in play that need sorting out.

A human wall of women holding "Sí hubo genocidio" signs set
the scene for a demonstration in front of the CC on April 26.

Genocide trial supporters join ceremonies honoring
Bishop Gerardi on the 15th anniversary of his murder.

On Friday, April 26, genocide trial supporters banded together once again in front of the Constitutional Court. In a show of cross-movement solidarity, supporters marched to Guatemala's Metropolitan Cathedral to join the commemoration of Bishop Juan Gerardi's 1998 assassination. Bishop Gerardi was murdered two days after publicly presenting the REMHI truth commission report revealing that state security forces were responsible for 93% of killings and massacres during the internal armed conflict. Bishop Gerardi is honored as a defender of truth and justice.

The Coalition of Immokalee Workers (http://www.ciw-online.org/)
stand in solidarity with justice for Guatemala.

Outside of Guatemala, visual support for the trial keeps flowing in as our ongoing photo campaign in support of justice for genocide continues to grow. In another beautiful demonstration of cross-movement solidarity, the Florida-based worker and immigrant rights organization, the Coalition of Immokalee workers, demonstrate their support for justice for genocide. See the slideshow of the full photo album and take your own photo of support today!

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.