Genocide retrial set for January 2015; national courts debate possibility of amnesty

On November 5, almost six months since the highly contested decision by Guatemala's Constitutional Court (CC) to annul the genocide sentence, Guatemalan courts announced a date for the retrial of former General Ríos Montt. Guatemala's High Risks Court “B” affirmed that it has the jurisdiction to hear the case but said its calendar is full until January 5, 2015.

The announcement of the retrial date came the same day that the Association for Justice and Reconciliation and their legal team filed a complaint in the Inter-American Commission on Human Rights (IACHR) against the Guatemalan state for continued impunity for grave human rights violations committed against the Ixil people. The complaint focuses on the May 10 annulment of the genocide conviction, arguing that survivors have been denied access to the right to justice in national courts.

Constitutional Court decision opens door for Ríos Montt to receive amnesty

On October 22, the Constitutional Court ruled in favor of an appeal presented by Ríos Montt's defense, opening the door to amnesty for war crimes. The appeal, one of many filed by the defense lawyers on the issue of amnesty, argued that due process was not respected in a decision on wartime Decree 8-86. Decree 8-86, dating back to the de facto government of Oscar Humberto Mejía Víctores (1983-1986), mandated a blanket amnesty for all crimes committed between March 23, 1982 and January 14, 1986.  Both former military generals Mejía Víctores and Ríos Montt are currently accused of genocide and would benefit from the application of amnesty. 

Ríos Montt's lawyers argued that Judge Miguel Ángel Gálvez Aguilar, who ruled against the possibility of amnesty, based his decision exclusively on Guatemala's 1996 National Reconciliation Law, and did not incorporate analysis of Decree 8-86. The National Reconciliation Law, created in 1996 with the signing of the Peace Accords, explicitly excludes genocide from the application of amnesty.  

Judge Gálvez Aguilar’s decision was immediately contested by the defense; however, an Appeals Court upheld the ruling, denying amnesty for war crimes. Now, the Constitutional Court has ordered the Appeals Court to elaborate in its explanation and provide foundation for its previous decision. While the Constitutional Court ruling alone does not grant amnesty, the decision sends an unequivocal message to lower courts encouraging them to reconsider previous rulings.

The 1996 Reconciliation law, in conjunction with the Inter-American Convention on Human Rights¹. and the Convention for the Prevention and Punishment of the Crime of Genocide², both ratified by the state of Guatemala, clearly invalidate the 1986 "auto-amnesty" decree, rendering the decision of the Constitutional Court, "a flagrant violation of international human rights law and the obligation to guarantee the right to truth, justice and reparations for the victims^3.."

At the time of publication, it is unclear when a decision on amnesty will be made as the lower court ordered to review the previous ruling on amnesty has been plagued by delays and recusals by Appeals Court judges. Anselmo Roldán, President of the Association for Justice and Reconciliation, denounced these malicious delay tactics during his recent NISGUA speaker tour and called for and end to the partiality of the national justice system.

1    http://www.cidh.oas.org/basicos/english/Basic4.Amer.Conv.Ratif.htm
2    http://treaties.un.org/pages/ViewDetails.aspxsrc=TREATY&mtdsg_no=IV-1&chapter=4&  lang=en
3    FIDH, Anulación de la condena al General Ríos Montt: la FIDH solicita a la Corte de Constitucionalided de Guatemala reformar su decisión. Aug. 9 2013. www.fidh.org/anulacion-de-la-condena-al-general-Ríos-montt-la-fidh-solicita-a-la-corte-13809

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.

Original article published on November 25th, 2013 by ACOGUATE

"Justice for genocide: A survivor's story" visits Laramie, Denver and the Bay Area

The "Justice for genocide: A survivor's story" fall speaking tour left Wisconsin on November 13 to embark on the final stops of the tour: Laramie, WY; Denver, CO; and the Bay Area, CA. The Wyoming Guatemala Accompaniment Project (WYGap) welcomed tour speaker, Association for Justice and Reconciliation President Anselmo Roldán, and NISGUA Programs Coordinator, Ellen Moore. WYGap organized a total of eight events over a day and a half, the majority hosted at University of Wyoming in Laramie.

Anselmo connected with university students from various departments during a dynamic round-table discussion over lunch. Later, he gave a public presentation at the university, drawing people from surrounding communities, thanks to strong local media promotion of the event. Anselmo finished the evening with an interfaith tapas dinner organized by local faith communities followed by a reception at the university.

 

The next morning, Anselmo spoke to a master’s students class and concluded the Laramie visit with a prayer circle before heading to Denver.

WYGap and University of Wyoming students were deeply impacted by Anselmo's visit. They eagerly joined our postcard campaign in support of the genocide sentence with messages for the AJR:

In a world upheld by impunity there can be no justice and gross human rights violations cannot be stopped. We must punish these men and break the cycle of violence.

Democracy cannot function without justice and the rule of law.

I am a Guatemalan immigrant and justice must be served!

Todos tienen el derecho de seguir adelante con la memoria reconocida y la seguridad garantizada. Les apoyo a Uds. en la lucha por justicia y les admiro la valentía.

Injusticia es injusticia. Estamos en solidaridad. Por favor, no dejen de luchar.

In Denver, CO, Anselmo had the unique opportunity to meet with the Romero Theater Troupe, an inspiring group of social justice focused local performers. The Troupe truly connected with Anselmo and the work of the AJR and is excited to continue to build their relationship.

While in Denver, we were honored to join the Denver Justice and Peace Committee (DJPC) for their annual awards night. This year, DJPC chose to to present NISGUA with their Global Justice and Peace award to recognize our work and commitment to justice! See a full photo report of the awards evening here!

Denver sent their own messages of support for the genocide sentence. Some highlights include:

To deny the sentence is to deny the value of lives lost. Each of those who died needlessly has value. The sentence is a recognition of that which was taken from us all.

Ríos Montt is responsible for the massacre of the people and has torn the fabric of the Mayan society, which still lives in fear. He is guilty and needs to pay.

Los responsables del genocidio deben de pagar por sus abusos a la dignidad humana. Es justo.

 

The tour reached its final stop in the Bay Area, CA, also home to NISGUA's US Office and Operations Coordinator, Megan Whelan. Anselmo presented at a community center with a primarily Spanish-speaking audience from the Mission district and surrounding areas. Representatives from community organizations in the Bay Area came out to hear directly from Anselmo.

Anselmo connected with the San Francisco community once again at a public forum at the City College of San Francisco. Anselmo's story impacted the packed room, filled with students, faculty and people from the local community. Once again, the event was widely attended by Spanish speakers, including many Guatemalans who also suffered during the war.

While in San Francisco, City of San Francisco Supervisor, David Campos, awarded Anselmo, in representation of the AJR, a certificate of honor for their work and dedication to justice and peace for the Guatemalan people. Campos, a Guatemalan American who was forced to leave Guatemala with his family during the internal armed conflict, recognized the AJR's historic victory as plaintiffs in the genocide case against Efraín Ríos Montt. He told Anselmo, “The AJR's work is an inspiration for all of us, reminding us to be courageous in the face of injustice.”

Anselmo finished his visit to the Bay Area and closed out the three-week tour as the keynote speaker at 6th Annual Plátanos dinner organized by the Guatemala News and Information Bureau. Anselmo received a standing ovation from dinner attendees for the AJR's incredible gains this year in the process of bringing Ríos Montt to justice for genocide. 

Attendees at the tour events in the Bay Area left inspiring notes of support for the AJR. The Bay Area supports the genocide sentence because:

The lives of Guatemalans matter! Because life everywhere matters! This sentence is a bold stand for life, for honesty, for integrity, and for family history and future. The victories of the AJR are victories for all of us around the world who care about humanity, justice and love. Thank you for your struggle!

Justicia y la verdad en Guatemala son importantes para todo el mundo. Este ejemplo - el ejemplo del trabajo de AJR - demuestra a todo el mundo que NO aceptamos impunidad cuando hay graves crímenes contra la humanidad… Aunque hay gran poderes que quieren impunidad para los criminales políticos en Guatemala, el poder del pueblo y de la gente siempre supera y siempre tiene lo mas fuerza. Hasta la victoria siempre! Y gracias por todo lo que hacen.

I support the genocide sentence because as a young person, I feel that it is important to uphold your own country's law (and international law) and to severely punish someone who ruthlessly killed/massacred a group of people. Montt is a dangerous man, and it's absorb to think that after killing so many Mayans, he, of all people, can walk away without charges.

Those who disregard the basic human right to life must be brought to justice and a message must be sent that justice is not a commodity to be bought and sold.

Para mi es muy importante que se haga JUSTICIA por las masacres/ genocidio y otros crímenes contra el pueblo Indígena Maya en Guatemala. Estamos en solidaridad aquí en San Francisco, CA y vamos a apoyarlos, lo amamos lo bendecimos y cuenten con nosotros.

While our tour has come to a close, we continue to support to the AJR through our petition and postcard campaign. Sign our petition against amnesty for Ríos Montt and send the AJR a personal message in support of the genocide sentence here.

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

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

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

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

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

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

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

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

I believe in the people of Guatemala.

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

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

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

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

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

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

The injustice cannot be silenced anymore

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NISGUA staffer Ellen Moore supports Anselmo with interpretation.

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

Anselmo is welcomed by local Guatemalans and LA activists.

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

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

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

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

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

It is time for truth. We want justice.

It is unjust and unfair but your courage is inspiring.

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

Justicia es necesario para el futuro de Guatemala.

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

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

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

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

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

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

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

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

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

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

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

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

CALDH representatives issue statement to the press

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

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

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

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

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

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

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

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

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

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

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

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

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

IT WAS PROVEN, THERE WAS GENOCIDE

WE SILENCE THE VOICES OF IMPUNITY

Center for Human Rights Legal Action

Guatemala, October 23, 2013

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

Gains for communities defending life and territory as mining takes a hit in Guatemala

On July 22, a Canadian court ruled that Hudbay Minerals will stand trial in Canada for violence, including murder and rape, carried out by employees of its former Guatemalan subsidiary, Compañía Guatemalteca de Níquel S.A. (CGN). The struggle to hold this Canadian mining company responsible for human rights abuses committed abroad began in 2010 when Angelica Choc initiated a lawsuit for the murder of her husband, community leader Adolfo Ich Chamán, by private security guards contracted by CGN.

Today, Hudbay is set to stand trial not only for the murder of Ich Chamán, but also in the shooting of German Chub, and the 2007 gang rape of 11 women by mining security personnel. Angelica Choc, widow of Adolfo Ich, reacted to the court's decision saying, “Today is a great day for me and all others who brought this lawsuit…. It means everything to us that we can now stand up to Hudbay in Canadian courts to seek justice for what happened to us.”[1]

Angelica Choc filed her case against HudbayMinerals Inc. in December 2010
for the murder of her husband Adolfo Ich Chamán. Photo: Graham Hunt

This historic decision marks the first time a Canadian court will hear a case against a Canadian company for human rights abuses committed at a foreign mine site. It undoubtedly sets a strong precedent for future cases of abuses committed by North American companies operating abroad. In the words of Murray Klippenstein, lawyer for the 13 plaintiffs; “As a result of this ruling, Canadian mining corporations can no longer hide behind their legal corporate structure to abdicate responsibility for human rights abuses that take place at foreign mines under their control at various locations throughout the world.”[2] Read the full press release here or visit the Choc v. Hudbay website for more information.

On the heels of the effective suspension of Tahoe Resources' exploitation license for the Escobal silver mine, Canadian mining giant, Goldcorp, which is also a 40% shareholder in Tahoe's project, announced the indefinite suspension of its Cerro Blanco gold mine located close to the Guatemala, El Salvador border in the department of Jutiapa. Goldcorp contends that the project was put on hold due to falling metal prices, but that the company is not contemplating its permanent closure.[3]

Earlier this year, members of Breaking the Silence, MiningWatch, the Center for International Environmental Law and other North American organizations traveled to Asunción Mitla, the site of the Cerro Blanco mine, as part of a delegation to investigate the impacts of gold mining on water sources in El Salvador. The delegation reported on their visit to Asunción Mita where they heard firsthand from community representatives about nearby hot springs threatening the project and also community concerns related to the possible environmental impacts of the mine, especially on El Salvadoran water sources. 

The Cerro Blanco mine has been the subject of international controversy due to its
potential negative environmental impact on both Guatemalan and El Salvadoran territories.
Photo: http://www.stopesmining.org

During an August 6 press conference the MadreSelva Collective responded to Goldcorp's announcement stating that closure of Cerro Blanco was the result of “poor planning since the project's beginning, the bravado of mining companies, and the negligence, incapacity and corruption of a docile Guatemalan government...”[4] It goes on to point out numerous deficiencies in the environmental impact assessment, including a lack of analysis and oversight by the Ministry of Energy and Mines and Ministry of the Environment and Natural Resources of the likely impacts of subterranean water high in temperature and arsenic. MadreSelva joins Guatemalan and Salvadoran communities and organizations in calling for the permanent suspension of the mine that includes a detailed and fully funded closure plan in place to address the outstanding negative environmental impacts of the project. 


While we have yet to see the outcome of the forthcoming trials against Hudbay Minerals Inc., the  announcement that the company will stand trial in Canada along with the effective suspension of Tahoe Resources' Escobal silver mine and Goldcorp's Cerro Blanco gold mine are huge gains for communities defending their life and territory. Furthermore, it is certain these historic advances will serve as examples for future struggles in defense of life and against the extractive mining industry in Guatemala.

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[1] Press Advisory: Ontario court rules that lawsuits against Hudbay Minerals regarding shootings, murder and gang-rape at its former mine in Guatemala can proceed to trial in Canada. http://www.chocversushudbay.com/wp-content/uploads/2010/10/PRESS-ADVISORY-Ontario-Court-rules-claim-can-proceed-to-trial.pdf

[2] idem

 Read the full press release here or visit the Choc v. Hudbay website. 

[3] “Goldcorp takes $1.8bn hit on Mexican Peñasquito mine.” http://www.ft.com/cms/s/0/23b3a128-f535-11e2-b4f8-00144feabdc0.html

[4] “La Mina Cerro Blanco no se suspende por la baja del precio del oro". Comunicado, Colectivo MadreSelva. http://www.nisgua.org/Comunicado_cierre_Mina_Cerro_Blanco_60813.pdf

Tahoe Myths: Setting the record straight

On Monday July 8, Guatemala's Public Prosecutor, on behalf of the six victims and co-plaintiffs in the case, filed a formal accusation against Alberto Rotondo, former security manager for Minera San Rafael, a wholly-owned subsidiary of Canadian mining company Tahoe Resources. Rotondo was employed by the company when he allegedly ordered private security guards under his command to shoot at peaceful protesters outside the mine’s entrance on April 27 of this year. He has since been indicted on charges of assault causing serious and minor injuries and obstruction of justice.

Since the incident on April 27, Tahoe Resources has issued public statements that negate the existence of peaceful local opposition to the project and downplay the seriousness of the violence around the mine site and the charges against company employees.

NISGUA, together with our partners in Guatemala and Canada, want to help set the record straight. Here is a handful of Tahoe Myths to get started: 

1. Only non-lethal force was used in April 27 attack against protesters (Tahoe press release, May 1 and Tahoe press release, July 10)
FACT - Spokespeople for Roosevelt Hospital in Guatemala City stated that lead bullets were removed from victims.  Official documentation prepared by the national hospital of Cuilapa, where three victims were treated, also states that the injuries were caused by firearms. Victims testified to being shot with lead bullets, in addition to rubber bullets, and injuries sustained support that testimony.

2. Injured protesters taken to hospital and released (Tahoe press release May 1 and Tahoe press release July 10)
FACT – Of the six men seriously injured, one man was hospitalized for 16 days and will require facial re-constructive surgery. Two other men initially admitted and release at local hospitals were later re-hospitalized and held overnight.

3. Alberto Rotondo, Tahoe's security manager, was detained but not charged with any crimes (Tahoe press release, May 1)
FACT – Security manager Alberto Rotondo was detained on April 30, and on May 7, he was charged with obstruction of justice and assault. In a June 4 press release, Tahoe CEO Kevin McArthur did not amend the May 1 statement, nor did he respond to the fact that Rotondo was under house arrest awaiting trial. Instead he stated in a separate interview that he could not comment on the investigation. It was not until July 10 that Tahoe Resources acknowledged the criminal charges filed against their former security manager.

Juan Pablo Oliva Trejo, Rotondo's security advisor, employed by Tahoe, was also arrested, and on May 15 was charged with concealing evidence. He is also under house arrest awaiting trial.

4. There is widespread support for the Escobal project
FACT – There is widespread opposition to the project. 12 community consultations held since 2011 have rejected Tahoe's project. The 8 most recent consultations were held in communities within the municipality of San Rafael las Flores. In each vote people have overwhelmingly rejected the project. The remaining 16 communities plan to have consultations as soon as possible. At least 200 legal objections to the project have been filed with the Ministry of Energy and Mines by individuals who stand to be directly impacted by the operations of the Escobal mine.

See our Top 10 Tahoe Myths for a full list of facts on the case against former Tahoe security manager.

For a time line of events see: Tahoe Resources' Security Manager on Trial in Guatemala: Chronology of Events: April 27, 2013 – July 9, 2013

WHAT YOU CAN DO:

• Share this information with your network

• Follow the case against Rotondo on the NISGUA blog and on Twitter: @NISGUA_Guate

• Join the conversation on twitter using #TahoeOnTrial  

• Remain attentive to future actions and alerts as the case moves forward 

See NISGUA’s previous blog entries for more information:
The complaint issued to Ontario Securities Commission for Tahoe's lack of disclosure on violence around the mine;   Tahoe Resources Shareholder Alert: A Dangerous Investment or download the complete document here.

Hundreds accompany the Ixil people on their Day of Dignity

Several hundred traveled from Guatemala City to Nebaj on June 21-22 with the
"Caravan for the Dignity of the Ixil People and Against Genocide". Photo: NISGUA

Ixil authorities welcome organizations to Nebaj. Photo: NISGUA

Each year on June 22, the Ixil people remember their martyrs and heroes. The day commemorates seven principal Ixil leaders who rose up in resistance and called for the dignity of their people in the face of forced labor under the Jorge Ubico dictatorship. On the morning of June 22, 1936, military troops arrived from Santa Cruz Quiché and Sacapulas to squash the resistance and soldiers shot and killed the seven Ixil leaders. The Ixil people have reclaimed June 22 as their Day of Dignity. For a more detailed account of the 1936 rebellion and massacre, see this article (in Spanish).

This year, in mark of the historic verdict for the Ixil people in the genocide case, a caravan of activists and supporters traveled from Guatemala City to Nebaj to celebrate the Day of Dignity and commemorate the seven massacred leaders with the Ixil people. In a moving demonstration of the lasting importance of the genocide sentence, regardless of the trial annulment, the Center for Human Rights Legal Action and the Association for Justice and Reconciliation presented Ixil leaders with three bound copies of the genocide sentence for the people of Nebaj, Chajul and Cotzal.

CALDH and the AJR present the genocide sentence in Nebaj.
Foreground sign "To tell the truth is not a crime". Photo: NISGUA

Ixil leaders proudly hold the genocide sentence.
Photo: Marcha indígena campesina y popular

Indigenous leaders from all over Guatemala also joined the Day of Dignity activities in solidarity with the Ixil people. In addition, an assembly of indigenous authorities formed in Nebaj to concretely plan activities for August 9, the International Day of Indigenous Peoples. Together, the authorities drafted a declaration based on their meetings. Below we share our translation of the declaration. Read the Spanish version here.

The Ancestral Indigenous Maya and Xinka Authorities of the 48 Communities of Totonicapán, the Mam Nation, the Xinka People, the Pokoman, Kaqchikel, Uspanteko, and Ixil Peoples


We are gathered together in the heart of the Ixil region, specifically in Nebaj, first to commemorate the 1936 uprising of the principal leaders of the Ixil people, of which 7 were shot by the Jorge Ubico dictatorship, and then to share our experiences, our struggles, our resistance and resilience, our joys, our sadness, our laughing, our weeping, our dreams, our frustrations, our past and our future:


WE HAVE AGREED TO CARRY OUT THE FOLLOWING DECLARATION FROM NEBAJ


To reaffirm that we are not the descendants of defeated or subjected people and heroes. Throughout the last five centuries, thousands of uprisings in defense of life and territory have been recorded, such as those of our ancestors Atanasio Tzul, Lucas Akiral, Aj Poop B’atz’, Manuel Tot, and the principal leaders of the Ixil people in 1936, among many others.




To value the struggle, resistance and participation of women, rural farmworkers, students, professionals, people defending their rights, their natural resources and territories in the face of extractive policies such as those in San José El Golfo, San Pedro Ayampuc, Rio Hondo Zacapa, the Chorti People, among others.



To continue the resistance of our people and communities based on our common history, looking towards the future in the construction of the good life in a plurinational, democratic and just state.



To celebrate the International Day of Indigenous Peoples on August 9 of the present year, together with the rest of the Guatemalan people and as peoples with the same past, present and future.



To strengthen our community authorities, our processes of organizing, our thoughts, feelings and community decision-making practices and to act in a collective manner for the satisfaction of our needs and defense of our rights.



To call on all of Guatemala's ancestral indigenous authorities and social organizations that already participate in defense of our rights and territory, as well as the Garífuna people to participate in the celebration on the International Day of Indigenous Peoples, and to support other actions that our peoples' authorities put forward.



We reject all resolutions, attempts, proposals or initiatives that attempt to declare invalid, or try to regulate from a Western viewpoint, the community consultations which have been carried out, are carried out, and will continue to be carried out by our peoples.



We reject any measure stemming from the government which exclude and repudiate our right to decide over the future of our peoples and our country.

"May the dawn break, may the first light arrive, 

may the people have life and useful existence"


Council of Maya Ixil Authorities, Board of Directors of the Communal Mayors of the 48 Communities of Totonicapán, the Council of the Maya Mam Nation, Xinka Parliament, Kaqchikel, Uspanteka and Pokomam Indigenous Authorities, and the National Council of Ancestral Authorities.

Nebaj, waq’ib’ aq’b’al, junab’ jun iq’, jun katún, kajlajuj b’aqtun


Nebaj, June 22, 2013

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"