Weekly News Round-Up

January 23-27

National News

• Military presence has increased with the intention to increase security. There are mixed feelings about this, however. While widespread concern over violence and lack of police effectiveness has generated support for the army, the move awakens distrust and fear caused by the military atrocities committed during the internal conflict. President Pérez Molina has ignored concerns of human rights groups about re-militarization, stating that is strictly for the security of the Guatemalan people.

• President Pérez Molina announced that he will prolong the mandate of the International Commission against Impunity in Guatemala (CICIG) for 2 extra years. The CICIG works to uncover and dismantle clandestine organized crime networks, and will remain in place until September of 2015.

• Human Rights Watch released a report criticizing the lack of prosecution in criminal cases in Guatemala, stating:  “Guatemala’s weak and corrupt law enforcement institutions have proved incapable of containing the powerful organized crime groups and criminal gangs that contribute to one of the highest violent crime rates in the Americas.” The report indicates that 95% of cases that reach the courts remain in impunity.

• Lawyers met to discuss the charges of unconstitutionality brought against four articles of the Law against Femicide.  The plaintiffs maintain that the law is repressive to nuclear families and violates Article 1 of the Constitution. Supporters of this law claim that is necessary for the protection of women’s rights. The historic legislation, passed in 2008, was the first to legally recognize femicide. It also defines violence against women broadly, and criminalizes psychological and economic violence.

• The Association of Extractive Industries has signed a voluntary agreement with the Guatemalan government to pay up to an additional 5% in royalties. The deal, signed by 22 mining companies on January 26^th, will affect companies such as GoldCorp subsidiary Montana Exploradora, which mines gold and silver in San Marcos and will contribute the highest increase of 5%. The mining project is one of the most controversial in Guatemala, and indigenous communities and environmentalists have asked for the closure of the mine due to negative environmental and health impacts.

• Guatemala’s former dictator Efraín Ríos Montt was formally charged with genocide and crimes against humanity. The decision by Judge Carol Flores Blanco, after a day-long hearing on January 26, was a symbolic victory for relatives of victims and survivors of Guatemala’s internal armed conflict and for human rights groups, who have long battled for the prosecution of the former general. Ríos Montt was allowed to post bail and be put under house arrest instead of going to prison.

• Also on January 26, the Guatemalan Congress ratified the Rome Statute of the International Criminal Court.

International News

• HHS offers aid over Guatemalan STD lawsuit.  The Department  of Health and Human Services announced a $1.8 million aid to the Guatemalan health authorities to help fight sexual disease that some say was started with research in human subjects by the United States government in the 1940’s.

Ex-Guatemala leader appears in court – Americas – Al Jazeera English

HISTORIC RULING: RIOS MONTT CHARGED WITH GENOCIDE AND CRIMES AGAINST HUMANITY

[en español abajo]
On Thursday, January 26, Guatemala’s former dictator Efrain Rios Montt sat in court while the Public Prosecutor read the evidence against him…and read…and read…until he had summarized the crimes committed by armed forces under Rios Montt’s command in 1982-83 which constituted acts of genocide in Guatemala’s Ixil Triangle (San Juan Cotzal, San Gaspar Chajúl and Santa María Nebaj): the forced displacement of 29,000, the deaths of 1,771 individuals in 11 massacres, as well as torture and 1,485 acts of sexual violence against women.

For families and communities that have endured decades of fear, silence and impunity in cases that relate to the internal conflict, this was a rare day when justice seemed less illusive, even possible.

[Photo: El Periodico]

Inside and outside the courtroom, Guatemalans gathered to watch the hearing. The steps of the court building were decorated with flowers, photographs of lost loved ones, and a large sawdust carpet denouncing impunity. Hundreds more – of not thousands – watched via live-stream.

Rios Montt, who took power in 1982 after a military coup, declared himself president, dissolved congress, and annulled the constitution. As leader of the military high command, he “authorized, created, designed and supervised” the military’s counterinsurgency strategy which targeted the civilian population in the indigenous highlands, declaring them internal enemies that needed to be “destroyed.” The scorched earth policy that was carried out in the following 17 months has become widely recognized as the most violent period in all of Guatemala’s 36-year conflict.

As the crimes themselves are not in question, the prosecution focused on Rios Montt’s command responsibility; the idea that, as president and commander in chief, he was directly in the chain of command with authority over those who carried out the acts, that he was informed about what happened, and that he actively oversaw and perpetuated a state policy of violence that targeted a specific ethnic group.

Human rights lawyer Edgar Pérez, representing victims organizations CALDH and AJR, spoke eloquently about the cultural and ethnic destruction caused by Rios Montt’s policies. Using military plans and strategies from the time, including Operación Sofía, Plan Victoria ’82 and Plan Firmenza ’83, he described the how the Rios Montt regime institutionalized the war against the indigenous, and that the dictator personally received updates as to the military’s actions.

Their evidence was convincing to the public, and many waited for hours to hear the judge’s decision. At 9:30pm, Judge Patricia Flores ruled that there was sufficient evidence to move forward with a trial.

Photo: Reuters

Rios Montt declined to speak in his own defense, saying only: “I prefer to remain silent.” It was only on January 14^th that the former dictator left Congress, and lost his immunity. In December, he had presented himself to the court to “know the charges against him” and was quickly subpeoned to appear for Thursday’s hearing. Despite the official charges against him, the judge ruled, against protocol, that Rios Montt could post bail and be put under house arrest instead of going to jail.

The two other members of the military high command from Rios Montt’s regime, then head of the Military Joint Chiefs of Staff, Mario Lopez Fuentes and Mejia Víctores,  then Defense Minister, were subpoenaed last year but their evidentiary hearings were both postponed due to health issues.

The case is far from over, but for many, Thursday’s trial was a positive first step in Guatemala’s right to truth and justice.

 See an interview with GHRC’s Director on Al-Jazeera about the hearing here.

 ***

Audiencia Histórica: Ríos Montt ligado a proceso de genocidio y deberes contra la humanidad.

 El jueves, 26 de enero, el ex dictador Efraín Ríos Montt se sentó en el banquillo de los acusados mientras el fiscal leía la evidencia en su contra… y leyó …y leyó… hasta que logró resumir los crímenes cometidos por las fuerzas armadas bajo el comando de Ríos Montt en 1982-83, los cuales constituyeron actos genocidas en el triangulo Ixil (San Juan Cotzal, San Gaspar Chajúl y Santa María Nebaj): el desplazamiento forzado de 29,000 personas, la muerte de 1,771 individuos en 11 masacres, así como la tortura y 1,485 actos de violación sexual contra mujeres.

Para las familias y comunidades que han tenido que sufrir décadas de miedo, silencio e impunidad en casos relacionados al conflicto armado interno, este fue un raro día cuando la justicia parecía menos ilusiva, incluso hasta posible.

Foto: El Periodico

Adentro y afuera de la corte, guatemaltecos se reunieron a ver el juicio. Las afueras del Tribunal fueron decoradas con flores, fotografías de seres queridos y una gran alfombra de aserrín denunciado la impunidad.  Cientos – o miles – de personas más vieron el juicio por medio de internet.

Ríos Montt, quien tomó poder en 1982 mediante un golpe de estado, se declaró presidente, disolviendo el congreso y anulando la constitución. Siendo comandante de alto mando militar, él “autorizó, creyó, diseñó y supervisó” la estrategia contrainsurgente militar que se enfocó en la población civil indígena, declarándola enemigo interno que necesitaba ser “destruido”. La estrategia militar de “tierra arrasada” duró 17 meses y ha sido reconocido plenamente como el periodo más violento durante los 36 años de conflicto.

Ya que no se cuestionan los crímenes en sí, la prosecución fue centrada la responsabilidad de Ríos Montt como autor intelectual: la idea que, como presidente y jefe de estado, él estaba directamente involucrado en la cadena de comando, con autoridad sobre los que realizaron dichos actos, que él estaba informado sobre lo que pasaba y que activamente supervisó y perpetuó una política de estado de violencia contra un grupo étnico específico.

Abogado de derechos humanos, Edgar Pérez, representando a organizaciones de víctimas CALDH y AJR, habló elocuentemente sobre la destrucción cultural y étnica que fue resulta de las políticas de Ríos Montt. Usando evidencia de planes militares y estrategias como Operación Sofía, Plan Victoria ’82 y Plan Firmeza ’83, describió  cómo el régimen de Ríos Montt institucionalizó la guerra contra los indígenas y cómo el dictador personalmente recibió notificaciones sobre las movilizaciones y acciones del ejército.

La evidencia  fue encontrada convincente para el público y varios esperaron durante horas para escuchar la decisión de la jueza.  A las 19:30h, la jueza Patricia Flores declaró que había suficiente evidencia para ligarlo al proceso.

Ríos Montt se reusó hablar en su propia defensa, diciendo solo: “prefiero guardar

Foto: New York Times

silencio”. Tan solo fue el 14 de enero cuando el ex dictador dejó el congreso y perdió su inmunidad.  En diciembre, llegó a la corte para “conocer los cargos” en su contra y pronto fue citado para presentarse. A pesar de que fue ligado a proceso, la jueza declaró, contra protocolo, le fijó fianza y arresto domiciliario en vez de ir a la cárcel.

Los otros dos miembros del alto mando militar del régimen de Rios Montt, el entonces jefe del Estado Mayor de la Defensa, Héctor Mario López Fuentes y Mejía Victores, el entonces Ministro de la Defensa, fueron citados  a la corte el año pasado pero las dos audiencias fueron pospuestos por causas de problemas de salud.

El caso está lejos de ser resuelto, pero para muchos, el juicio de jueves fue un paso positivo para el derecho de todos guatemaltecos a la verdad y justicia.

Ver la entrevista con la directora de GHRC en Al-Jazeera sobre la audiencia aquí.

President Pérez Molina’s First Week in Office Provides a Glimpse of the Four Years to Come

The military back en masse to Guatemala’s streets and public institutions; a former President to stand trial for genocide

Pérez Molina’s first week in office has been marked by some unexpected announcements and a seemingly schizophrenic approach to governance:

He assured the international community that he will support the rule of law, the International Commission against Impunity in Guatemala (CICIG) and Attorney General Claudia Paz, and yet at the same time has increased the military’s involvement in citizen security initiatives and has filled his cabinet with army officials, some accused of human rights abuses during the armed conflict.

He promoted his “mano dura” iron-fisted approach to crime fighting…and then declared his support for the decriminalization of drugs.

He stated his respect for the indigenous population during his inaugural speech, and yet promptly removed the flags from the National Palace and the Presidential offices which symbolize the indigenous peoples.

“2012 marks the beginning of a new era of peace, of prosperity, and of hope for Guatemala, cradle of Mayan civilization,” Pérez Molina declared, referring to the upcoming transition marked by the end of the current Mayan calendar. He spoke about Guatemala’s “moral breakdown” and it’s “culture of corruption and impunity” as well as challenges such as the national debt and poor infrastructure, and his plan to focus on “key values” such as honor, respect and inclusion of indigenous peoples.

Pérez Molina’s cabinet appointments, however, highlight his deep connections with the military and private sector and provide insight into his priorities. His Interior Minister, Defense Minister, National Security Advisor and Private Secretary (which deals with administrative issues of the executive branch) are all career military men.  He has stacked other ministries – Economy, Energy and Mines, Labor, Health – with representatives of the business community. Despite his condemnation of corruption and impunity and words of respect for indigenous communities, his administration is poised to leap forward with deeply controversial development projects and mining licenses, working hand in hand with some of Guatemala’s most notorious human rights violators.

There is no doubt that Pérez Molina is a savvy politician, and despite the charges against him for his role in torture and forced disappearance while director of military intelligence in the early 1990s, he enjoys the support of the U.S. and European governments. However, it will be important to look past his rhetoric, and evaluate the impact of his policies and their significance for a nation with wounds still open from the civil war and increasing and violent conflicts over land rights in the face of multinational development projects on indigenous lands.

Remilitarization

In one of his first acts as president, Perez Molina made good on his promise to use the notorious Kaibil Special Forces to combat organized crime across the country. He has also has increased the number of highway checkpoints; each will include 5-10 police officers and 15-30 soldiers. Interior Minister – and former Kaibil – López Bonilla has dismissed claims of “remilitarization,” calling the military’s presence on the street “inter-institutional support.” The checkpoints aim to restrict the operations of organized crime and trafficking networks.

Pérez Molina has also publicly requested increased U.S. funds for the Guatemalan military. The U.S. Congress has maintained a ban on direct military funding to Guatemala since 1990, which in recent years has been amended to provide funding for Guatemala’s navy, air force and army corps of engineers. While direct funding and support flows freely through other channels, such as the Department of Defense, the ban is an important reflection of the atrocities committed by the armed forces during the internal armed conflict and the lack of institutional reform after the peace accords were signed. Pérez Molina views the aid as an important tool to fight organized crime, though human rights organizations – and so far the U.S. Congress – have maintained that the Guatemalan military has not taken the necessary steps required to lift the ban.

Will there be justice? Rios Montt to appear in court, other cases flounder

Throughout his candidacy, Pérez Molina was forced to confront his role in the military during the internal conflict, and accusations against him of torture and crimes against humanity. His outright denial of the genocide which occurred in the indigenous highlands and his criticism of the UN Historical Clarification Commission report have caused great concern among those who have spent decades seeking justice for the victims and families who suffered horrific crimes during the war. His references to the conflict in his inaugural speech focus on “overcoming the past.” Despite Guatemala’s nominally independent judiciary, there is no doubt of the existence of powerful political pressure, threats and back-room maneuvering. The political will to prosecute high-level military officials will be a real test of the new administration, and initial signs point to a selective approach to justice.

The appearance in court this Thursday of former dictator Efrain Ríos Montt, accused of genocide, is truly a historic moment for Guatemala. Rios Montt oversaw the military’s intense counter-insurgency strategy and scorched earth campaign in 1982-1983 that targeted the civilian population in the indigenous highlands, and resulted in hundreds of massacres and other crimes against humanity. As a member of congress, Montt has enjoyed immunity from prosecution since 2000, but as of January 14^th, he no longer holds that office. To date he maintains his innocence and his lawyer has declared that Rios Montt’s role as president was purely political, not military, and focused on “stability and development.”  Two other high level officials named in the case, Hector Mario López Fuentes and Oscar Humberto Mejia Víctores, have been declared “too sick” to stand trial.

Meanwhile, the case of assassinated guerilla leader Efrain Bámaca has been in turmoil. The case, well known to U.S. audiences due to lawyer Jennifer Harbury’s decades-long quest for justice in the forced disappearance and torture of her husband, directly names Otto Pérez Molina and others in his administration for their role in his death. The allegation is based on command responsibility and Perez Molina’s direct authority over secret military detention programs as Director of Military Intelligence. Just days before Pérez Molina took office, the judge called a rush trial aiming to shut down the case, without notifying Jennifer or her lawyer until the last minute. In response, Jennifer has published her evidence against Pérez Molina, which is available here in Spanish.

“Logistical and bureaucratic” errors have contributed to the suspension of four other cases underway, including that of murdered singer-songwriter Facundo Cabral, the extradition of former president Alfonso Portillo to the U.S., and the 1982 forced disappearance of student leader Fernando Garcia.

In a positive move, President Pérez Molina announced that he will support an extension of the mandate of the CICIG for two more years, until September 2015. The CICIG works to uncover clandestine criminal networks, promotes legislation to address organized crime, and can act as a joint prosecutor in court cases. The CICIG’s work has been integral to ensuring that sensitive and complex investigations occur, to the arrest of key crime bosses, and to successful judicial proceedings in these cases.

Will new policies seek to provide security for everyone?

Robberies, gang violence and extortions are, without doubt, important problems to tackle, and necessary to providing citizen security. But some of Guatemala’s citizens most in need of security are those the Pérez Molina administration doesn’t want to talk about: community leaders, journalists, lawyers, and activists who take a stand against impunity, corruption and human rights abuses.

Last year, 19 human rights defenders were assassinated, many of whom challenged corporate interests while fighting for the environment, economic justice, and indigenous rights. Plans to move forward with mining and development projects, and ongoing impunity enjoyed by companies and their private security, will likely lead to increased violence. When it comes to mining, the Pérez Molina administration seems blatantly unconcerned by the destruction of the natural environment, the displacement of indigenous communities, or the negative impact on the health of neighboring families. Instead, the debate over mining has been reduced to one question: what percentage of profits will foreign mining companies be willing to pay to the government?

In addition to attacks, in recent years, human rights defenders have increasingly become victims of unjust criminalization that twists the courts into venues for farcical trials that serve to benefit corporate interests.

Human rights groups have hesitantly supported the President’s steps to institutionalize key governmental bodies that will analyze and coordinate responses to issues such as violence against women and attacks against human rights defenders. However, the administration’s willingness to work openly with civil society organizations is still in doubt, and GHRC is working with partners to encourage the creation of effective institutions, transparency, and ongoing consultations with Guatemalan NGOs.

 

Otto Pérez Molina takes office as Guatemala’s new president

Photo: Al-Jazeera

Otto Pérez Molina was inaugurated on Saturday as Guatemala’s new president, making him the first military official to take office since the end of the military government 25 years ago.  As the murder rate, violence and infiltration of organized crime and narco-trafficking groups have increased, Guatemalan voters have offered their support to Pérez Molina’s ‘iron fist’ approach to security and crime.  In his inaugural speech, Pérez Molina promised to ‘show results’ in the first six months of his presidency and ‘cut the murder rate by half by the end of his term.’ Speaking directly to military officials yesterday, President Pérez Molina  called on the army to ‘neutralize illegal armed groups by means of military power’ and demanded loyalty, participation and enthusiasm from all military officials.

The new president is asking the United States and Mexico to support Guatemala in its efforts to crack down on drug-related violence, expressing his intentions to push for the lifting of a military aid ban from the U.S.  Lifting the ban would lead to greater emphasis on military training in a country suffering from continued military impunity from the internal conflict and a dire need for police and judicial reform–not more military support.  However, regaining aid from the U.S. would require Guatemala to meet a set of 6 conditions, including releasing all military documents from the armed conflict–something Perez Molina is unlikely to do.  The move to lift the ban is a glimpse of what is to come in the new president’s term, marking a shift back to the militarization strategy of the armed conflict and raising serious concerns over the potential for human rights abuses, given the accusations of war crimes held against President Pérez Molina and the well-known history of human rights violations by the Guatemalan military.

Check out video coverage of the inauguration from Al-Jazeera below:

Holiday News Round-Up

Happy New Year everyone! We hope you all had a wonderful holiday and are looking forward to an exciting new year. The GHRC news briefs are starting up again with the following summary covering some of the more significant and important stories from the previous week, bringing us all up to speed on current events in Guatemala.

National News

• The powerful Sinaloa Mexican drug cartel has extended its operations into Guatemala in the past year, taking advantage of the country’s mountainous geography and close proximity to Mexico.  Guatemalan authorities have seen a major increase in the production of methamphetamine in clandestine laboratories throughout the northern region bordering Mexico as well as the transfer of precursor chemicals from Guatemala to Mexico.  Read the article in English and analysis by InSight Crime.

• According to Guatemalan police authorities, the five most dangerous departments for police officers in Guatemala last year were Zacapa, Quetzaltenango, el Petén, Escuintla, and Guatemala.  In order to combat attacks against members of the National Civil Police (PNC), five Special Police Force (FEP) bases have been installed in the departments.
  

• The number of deserters from the PNC increased from 64 in 2010 to 101 in 2011.  According to Helen Mack, Commissioner of Police Reform, the desertions are most likely the result of lack of incentives for officers, poor working conditions, and the low wages paid to members of the PNC.
  

• As of January 1^st, Guatemala will begin a 2-year term as a member of the Security Committee of the Organization of United Nations (ONU), which gives the country the right to participate in discussions surrounding issues of security with the goal of conserving global peace.
  

• Rubén Herrera, a Guatemalan notary and lawyer, has been appointed by Attorney General Claudia Paz y Paz as the new Special Attorney against Impunity (FECI), which is responsible for expediting cases of high impact and advancing the fight against impunity in Guatemala.
  

• The National Committee on Guatemalan Migrants (Menamig) will propose a law this month to congress designed to protect the rights of migrants traveling to and residing within the United States and Canada.  According to statistics from the same institution, there were 30,855 deportations of Guatemalans from the U.S.
  

• According to statistics released by the National Institute of Forensic Science (Inacif), Guatemala suffered an average of 17 violent deaths per day in 2011, with a total of 6,187 assassinations.  Even though these numbers represent a 7.4% reduction in violent deaths from 2010, those that occurred in 2011 were performed with more brutality and cruelty.  The Minister of the Interior has indicated that over 60% of assassinations in Guatemala are related to drug cartels, gangs and organized crime groups.  The PNC reports different statistics, with 5,618 homicides in 2011 and an average of 15.5 per day.  Central American Politics also covers the release of the homicide rates.  

International News

• An article in the Journal of Foreign Relations analyzes the possibility of a de facto amnesty law developing through the incoming Pérez Molina administration, as suggested by Jennifer Harbury and the GHRC-sponsored campaign to call the White House last month.

• HablaGuate blog has published an interview with Jean-Marie Simon, author of the book, Guatemala: Eternal Spring, Eternal Tyranny, recently republished in Spanish. Listen here.