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

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 26: Benjamin Jerónimo on behalf of AJR, "I ask that justice be done... so the survivors can feel peace"

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 and our full archive of ongoing live Twitter coverage.

Benjamin Jerónimo, plaintiff on the genocide trial, was given an opportunity to address the court and make a request to the judge on behalf of the survivors and as President of the Association of Justice and Reconciliation. We are honored to provide the complete unofficial transcript. You can listen to the recording (in Spanish) of his full statement here. See our full coverage of day 26 conclusions here.

Benjamin Jerónimo makes statement in genocide trial. Photo: Xeni Jardin 

Good afternoon honorable court. Madame Judge, thank you for the space you’ve given me to speak. The truth is I want to express the following; I want to say to you, in name of the victims, in name of the survivors, in name of Guatemala, I also want to say I'm a survivor of [the massacre of] 256 members of my community in the time of Efraín Ríos Montt.

In name of the Association [for Justice and Reconciliation], I want to express that during this trial, we have seen much opposition on behalf of the defense of the accused. We have seen the opposition that they have not had the courage to [inaudible]. The truth is, God created man and woman in his own image to multiply in the world.

And this image, in the first two articles of the Constitution of Guatemala it is established that the state has the obligation to guarantee and protect life, freedom, security, the peace of those created in God’s image. Nonetheless, honorable tribunal, things were done in the opposite manner by the military. Although they came here to say they were not responsible, that they were coming to the communities to protect the population, this is false. These are lies. I saw them with my own eyes. I didn’t come here to lie. As the witnesses said, one of them said it wasn't only in the Ixil that massacres were committed but in five regions of the country, against the Maya Ixil people.

I want to say to you honorable tribunal, please issue a condemning sentence against those responsible. We ask that a sentence be issued to create precedent for the people of Guatemala. In that time, in 1982, we the indigenous were accused of being terrorists, communists, subversives and genocide was committed. Defenseless children, pregnant women, elderly were killed.

Genocide was committed, crimes against humanity were committed and today, 100 witnesses came to tell the truth, to ask for justice for all that we suffered, publicly.

Even our lawyers are being threatened, for being subversives, terrorists, communists. However, honorable tribunal, a terrorist never comes to ask for justice through and in accordance with the law as we have in this tribunal. Never. The military were terrorists because they committed genocide and crimes against humanity. 100s of women and children were disappeared.

The defense lawyers say there is no document that says that it was done intentionally. Nonetheless, honorable tribunal, no one sets fire to their own house. And that’s why it doesn’t appear in any document.

In this manner I supplicate you to do justice, for the murdered victims, so the survivors can feel peace, can feel trust and that they can have a renewed trust in the authorities.

Not only does our Constitution establish justice, respect but there are also international conventions and treaties that obligate respect for the life of human beings. All who died, all the family members that we lost, we were not animals, they were not dogs or beasts or other type of animal, they were human beings who had the right to life, the right to freedom, right to peace, to security. Nonetheless what is established was not complied with.

Also, the bible says, A bad person knows their fellow bad person. Hypocritical people also know their fellow hypocrites. And that’s why much has been discussed in this tribunal so as to not accept the truth. After hearing the witnesses, the experts, once again they accuse us of being guerrillas, subversives, communists.


In this way, I ask you once again, honorable tribunal, that you do justice in accordance with the law, in accordance with our Guatemalan constitution, in accordance with international treaties & conventions. Also, that those responsible for genocide and crimes against humanity be investigated and prosecuted.

I also ask you, we should no longer have the military in communities, continuing to threaten the Ixil people, the Maya people, the Achí people. It’s no longer time for that; this is why the Peace Accords were signed, to respect rights.

Also, the family members, those linked to them, the veterans’ association, they come to this tribunal, they say publicly that this justice endangers the peace accords. This is false, honorable tribunal.

We are not looking for vengeance, we are looking for a true peace with justice, with respect, with equality, with dignity, that is why we are here.

So I ask you once again, the moral reparations to the victims, the protection of the witnesses, of our lawyers, that all of the Maya people be respected and protected. It is written that it's easier for a camel to pass through the eye of a needle than for a rich genocidal person (un rico genocido) enter into the kingdom of heaven.

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 26: Concluding arguments, "You cannot deny the undeniable"

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 and our full archive of ongoing live Twitter coverage.

News broke on day 25 that the genocide trial would move to conclusions that same day. After nearly three weeks of delays, public spectators and press rushed to fill the courtroom gallery Wednesday afternoon as word spread that Judge Barrios had in fact ordered closing arguments.

Public Prosecutor Orlando López set the stage for prosecution closing arguments with an in-depth multimedia presentation summarizing all trial evidence. Public prosecutor López systematized eyewitness testimonies exposing the quantitative conclusions from witnesses accounts of torture, murder, and violence.

Of 94 witnesses, 82 said army burned their homes, 74 said they burned homes in other communities, 54 declared robbing of animals.
— NISGUA (@NISGUA_Guate) May 8, 2013

#GenocideGT testimonies highlighted 120 rape victims, 19 of whom were identified and 1 who testified to being raped while pregnant.
— NISGUA (@NISGUA_Guate) May 8, 2013

Public prosecutor López's systematization of testimonial evidence reveals patterns. The atrocities committed were not isolated events. Of 94 eyewitnesses, 94 declared at least one member of their family was killed by the Guatemalan military. López faced the judges confidently, "I don't think anyone can doubt the declarations we heard."

López further analyzed military documents incorporated as trial evidence. Citing Plan Victoria 82, Plan Sofía, the National Development Plan and Quilo Ayuso's expert testimony he concluded the military defined the Ixil people as an internal enemy, accused of supporting the guerrilla and thus considered subversives. The Guatemalan National Development Plan describes the military's strategic planning with the objective to destroy the Maya Ixil. Respectively, the planning and operations are elaborated as elimination and extermination, and annihilation and control. López focused on the evidence as it reveals the purpose and intention to commit the crime of genocide.

The public prosecutor concluded his closing arguments requesting Ríos Montt and Rodríguez Sánchez be found guilty of genocide and crimes against humanity and be given the maximum sentence for these crimes: 75 years.

Prosecution closing arguments continued on day 26. Prosecution lawyer Edgar Pérez opened the morning reflecting on the importance of the genocide trial, "This process is historic."

EP: Today the people of GUA are for the 1st time speaking clearly about the atrocities that were committed in GUA. #GenocideGT
— NISGUA (@NISGUA_Guate) May 9, 2013

Pérez elaborated on the right to access justice and referred to Guatemala's "dark history," a history of criminalization and persecution of human rights defenders,

This [trial] shouldn’t be looked at as a threat to the state or a restart of the violence of the war. In those times, speaking in the manner that I am today would have been equal to be calling a communist, a guerrilla. No more. It is the obligation of the state to invest in an established process. ...These times cannot happen again in Guatemala. It’s time to respect…the dignity of all Guatemalans.

This history is relevant in understanding the polarized context in which the crimes of the accused took place. Pérez explained, "Genocide has a process of gestation. The seed of discrimination and racism is important to understand." Pérez reminded the courtroom of racist acts which took place during the very trial. He maintained, "The level of racism in this country is deep."

Edgar Pérez recalled the nearly 100 eyewitnesses who came to the genocide trial to share their stories of witnessing violence, abuses, and murders. Pérez extensively quoted eyewitness testimonies and gave special attention to Tiburcio Utuy's testimony from day 7, "We should remember everything Tiburcio said."

EP: They came to tell you of horrifying terror, a level of terror that would horrify any human being. The evidence affirms these stories.
— NISGUA (@NISGUA_Guate) May 9, 2013

Finally, lawyer Pérez referred to Ríos Montt's absolute power in government using the exemplary quote taken from video footage of a 1982 interview with Ríos Montt himself saying, "'Because if I can't control the military, then what am I doing here.'" Pérez concluded, "He couldn't have been more clear."

Lawyer Pérez echoed Public Prosecutor López's request for a strong sentence. Amongst his final words in the genocide trial, Pérez stated, "Justice without strength is tyranny."

Francisco Vivar rounded out the prosecution team's closing arguments. Vivar emphasized the eyewitness and expert testimonies on sexual violence. He respectfully chose to emit names when quoting women survivors' testimonies of sexual violence, horrific accounts the courtroom heard on day 8.

Lawyer Vivar in #GenocideGT closing arguments: You can't deny the undeniable.
— NISGUA (@NISGUA_Guate) May 9, 2013

Lawyer Vivar also drew conclusions from the military plans used as evidence to prove the chain of command and intentionality to destroy the Maya Ixil people. He closed asking for a firm sentence of the accused and chose to invoke the power of eyewitness testimony one last time, quoting Pedro Pacheco, "I have kids but they ask why don't I have grandparents? I tell them what happened. It's not written but its in my heart. I tell them so that it isn't repeated."

Following Vivar's closing arguments, the genocide trial took an unexpected turn. Defense lawyer Francisco García Gudiel announced that his client, Efraín Ríos Montt, wished to invoke his constitutional right to make a statement. Prosecution objected and Judge Barrios denied the request. Defense followed suit with an objection. After deliberations, Judge Barrios announced she would allow Ríos Montt to make his statement although she noted the conclusions phase is not the appropriate procedural moment to do so.

We just asked AJR survivors: Did you ever think this day would come, that would be about to listen to #RiosMontt? All: Yes, of course.
— NISGUA (@NISGUA_Guate) May 9, 2013

Former Dictator Ríos Montt spent nearly an hour recalling his short 13 months in power, which he characterized as trying to fix a broken state, to renovate Guatemala and unite ethnic diversity, "to create a state together." His statement was punctuated by a shaking fist and bursts of shouting, recalling a younger general we know from archival video footage used as evidence in the trial.

#RiosMontt yelling: We had a concept of "Guatemalidad"... not to take away the Maya identity but to consolidate them with us!
— NISGUA (@NISGUA_Guate) May 9, 2013

#RiosMontt: I had the opportunity to attend an activity with Mr. #Reagan... We didn't have intl help, the US didn't give us weapons.
— NISGUA (@NISGUA_Guate) May 9, 2013

#RiosMontt: I want to express that I will never accept guilt for the charges. I was the head of state. #GenocideGT
— NISGUA (@NISGUA_Guate) May 9, 2013

After Ríos Montt denied nearly every argument against him, Barrios intended to moved swiftly into defense closing arguments. Her request was met with resistance by defense lawyer Francisco García Gudiel, who insisted on a lunch break and said he had not had any breakfast. He proclaimed his "human right to food" what being violated and said his gastritis was being provoked. The outburst was met by laughter in the courtroom, which Judge Barrios quickly reprimanded. This is not the first medical ailment García Gudiel has brought to the courtroom; he claimed to be severely ill on day 24, forcing the trial to be suspended for the day. 

The defense team also presented a scheduling conflict, a 2PM hearing in Judge Carol Patricia Flores' courtroom in response to a Constitutional Court ruling. Barrios insisted that Flores' hearing cannot suspend the trial. Word later spread that Judge Flores's hearing was rescheduled for Friday morning at 8:15am.

"Against his will," Lawyer García Gudiel withstood his gastritis and delivered his closing arguments. His conclusions dismissed the integrity of eyewitness and expert testimony, stating the testimonial evidence "includes award-winning performances but not proof." Further, García Gudiel managed to include unnecessary racist and snide remarks. He referred to the United Nation's Secretary General Ban Ki-Moon as "chinito", insulted the prosecution lawyers ("Didn't these poor people learn anything in university"), disparaged the work of "NGO-ers" and attacked the presence of foreign observers of the trial.

#García: What is #UN doing here? What are foreigners doing here? We Guatemalans solve our own problems, not some hippie. #GenocideGT trial
— NISGUA (@NISGUA_Guate) May 9, 2013

#García states Plan Sofía illegitimately certified, legalized by "someone in the gallery," referring to Kate Doyle. #GenocideGT trial
— NISGUA (@NISGUA_Guate) May 9, 2013

José Mauricio Rodríguez Sánchez' lawyer, César Calderón, delivered his closing arguments after the genocide trial broke for a late lunch. Calderón, like García Gudiel, rejected the majority of evidence presented in the trial for being subjective and not scientific. Both Calderón and García Gudiel concluded their clients are not guilty of their accused crimes. Calderón claimed, "[The trial] is a poem, a poem in poor taste, an invention, using the law and twisting it...so that my client rots in a hospital."

Benjamin Jerónimo, plaintiff on the genocide trial, was given an opportunity to address the court and make a request to the judge on behalf of the survivors and as President of the Association of Justice and Reconciliation. We are honored to provide the complete unofficial transcript of his statement here.

Benjamin concluded his statement to booming applause from the gallery and chants of "Justice!" ("Justicia!"). Francisco Soto, Director of the Center for Human Rights Legal Action, also had an opportunity to address the court and ask the tribunal for justice. "We have asked for justice for 13 yrs, we have accompanied the survivors. 1000s of obstacles have been presented. We have tried for many years for justice to be done." His brief statement also stressed the trial's overwhelming significance, "This is an important moment of historic memory for our country. If we forget we are condemned to repeat."

Ríos Montt was requested to take the stand once more for his final statement. This time, he said very few words asking only for justice and respect from the court.

Judge Barrios concluded day 26 announcing that José Mauricio Rodríguez Sánchez would be given the opportunity to give his final statement the following morning. Judge Barrios announced day 27 would be scheduled earlier than usual, at 8AM instead of the regular 8:30AM start time, to accommodate Judge Flores' hearing also scheduled for the morning.

Day 27 will be the last hearing in the trial. A trial verdict is imminent.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genocide on Trial, Days 11-14: Forensic experts testify

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

Read our previous summaries: Day 1, Day 2, Day 3, Day 4/5, Day 6, Day 7, Day 8, Day 9, Day 10, Day 12 and full archive of ongoing live Twitter coverage.

In total, 33 forensic experts have testified in the genocide case trial to date. All forensic experts involved in the case have played a role in the exhumations of clandestine graves throughout the Ixil region, working in teams for the Guatemalan Forensic Anthropology Foundation (FAFG). In the courtroom, experts are asked to ratify their conclusions from their findings in exhumations and respond to questions related to their work.

Jonathan Moller, Sisters watch an exhumation, 2000, from Our Culture Is Our Resistance

Forensic anthropologists and archaeologists identify clandestine graves with the guidance of local insight and memory. On day 11, forensic anthropologist Raul Humberto Archela Garcia describes the exhumation process, "First we analyze the land - we see if there is a depression in the ground." The forensic team then opens a pit and uncovers remains and any artifacts buried with the bodies. They take the findings to FAFG's lab in Guatemala City for processing and analysis.

Public Prosecutor: If you find a child's clothes associated with the remains, does that help identify the victim?
Archela Garcia: No. It is an additional clue but identities are based solely on physical remains.

Archela García recognized the imperfections of the forensic process, "We are able to give an approximate date when the bodies were buried. The date isn't exact but it's close."

While the experts are mostly forensic anthropologists and archaeologists, they span a range of disciplines, serving as proof of FAFG's holistic approach to forensic investigation. In addition to forensic anthropologists, social anthropologist also form part of the exhumation team. Social anthropologists collect evidence to corroborate archaeological findings and  piece together the context in which victims died. Their methodology includes interviews with the victim's family members or witnesses of their death. Social anthropologist  Juan Ramon Donaldo Vivar explained, "The social anthropologist guides the path that the forensic anthropologists take. We recuperate the history and take testimony… Our goal is to identify the victim and the cause of their death."

María Soledad Rodríguez Martínez, a FAFG technician, testified on another aspect of the forensic process, the collection of DNA samples for identifying victims. The work of the forensic experts validates the death of victims who eyewitnesses have identified in oral testimony. Their testimonies confirm deaths of women, children, and elderly due to firearms, machetes and other violent traumas. One witness on day 12 ratified his findings of a fetus in a clandestine grave.

On day 13, FAFG assistant director José Sausnavar testified. Like many of the forensic experts, Sausnavar is highly qualified in his field and has experience outside of Guatemala, working on exhumations in Kosovo, Serbia, Congo, and Honduras. Sausavanar, along with two other expert witnesses, ratified their participation in the exhumation of hidden graves in the community of Chel, Chajul in January 1998. Sausanavar described the massacre of the community of Chel,

Soldiers brought groups of 4 to 5 people to a bridge. They hit them in the head with machetes and then throw them into river, witnesses saw this from afar. Then the army burned houses and crops. Survivors got together and built a makeshift dam to recover the bodies from the river. They spent 5 days carrying bodies to the cemetery. However, by the 5th day, the bodies were decomposing, the survivors could no longer bring them all the way to the cemetery. Instead, they carried them partway and dug new graves for them closer to the river.

Ixil survivors delivered their own eyewitness account of the Chel massacre; however, archaeological findings uncover even more details, Sausnavar explained, "Evidence in the bones reveals that this person tried to defend himself against his aggressor."

FAFG founder and director Fredy Peccerelli opened trial day 14. He delivered his expert report accompanied by a multimedia presentation of his conclusions. Peccerelli gave the courtroom an overview of FAFG's work, narrowing the analysis down by region and time period to the specific range implicated in the genocide case. Peccerelli explains:

Since its founding in 1992, FAFG has completed 1,424 total cases and uncovered the remains of at least 6,634 individuals. Limiting the range of FAFG's work to December 8, 2011, the start of the legal process in the genocide case, the numbers total 1,116 cases and at least 5,810 individuals.

FAFG works in 5 Guatemalan departments - Baja Verapaz, Alta Verapaz, Chimaltenango, Peten, and Quiché. Just in the Ixil region, department of Quiché, FAFG has completed 314 cases and uncovered the remains of 1179 individuals.

These numbers can be broken down even further, by specific community that the genocide case focuses on. In Nebaj, FAFG completed 205 cases and uncovered 191 individuals' remains. In Chajul, FAFG undertook 88 cases and uncovered 211 individuals' remains. In Chajul, FAFG complete 21 cases and uncovered 16 individuals' remains.

In Nebaj, on average, 2.3 bones were uncovered per individual. In Chajul, on average, 10.3 bones were uncovered per individual  In other words, the deaths were due to acts of a massive and violent character.

Of the total number of victims in Ixil region, 352 were identified as victims from direct violence, - 348 deaths (98.88%) are associated with extrajudicial executions, while 94 deaths (29.98%) are associate with indirect violence, i.e. forced displacement.

In a conventional war, every 2 out of 10 combat wounds results in death. In the case of Guatemala, 8 out of every combat wound resulted in death.

Up until December 8, 2011, 219 (52%) of recuperated remains were identified by name. If the date range is expanded to included FAFG cases since December 8, 2011, the number of identified individuals increases to 229 (54%) and includes:

Jacinto Chel
Juan Ramírez
Baltazar Juan
Domingo Raimundo Brito
Pedro Santiago
Rafael de Paz Chávez
Tomas Andres Chávez
María Chávez Raimundo
Elena Chávez Raimundo
Domingo Pèrez

FAFG is currently working at the Visan military base where they have already uncovered 5 bodies. 60 other cases in the Ixil region have already been authorized for FAFG to continue its work. 

FAFG Director of Operations Claudia Eugenia Rivera Fernández, and forensic archaeologists Guillermo Ernesto Vásquez and Sergio García rounded out the forensic teams' participation in trial day 14. More forensic experts are expected to participate at later dates of the trial.

NISGUA has provided international human rights accompaniment to FAFG human rights defenders through the Guatemala Accompaniment Project and has circulated urgent action campaigns in response to threats to Fredy Peccerelli and the entire FAFG team  related to their work.