News Update: May 3-20

Genocide Trial Update:  

On the evening of May 20th, the historic May 10th ruling that convicted former General Efraín Ríos Montt of genocide was overturned.  The Constitutional Court met to rule on a constitutional challenged raised by Ríos Montt’s defense attorneys at the very end of the trial. The 3-2 ruling in favor of the challenge sets the case back to April 19th, at which point all testimonies had been heard. However, while the annulment does not include the testimonies, it remains unclear whether the trial will be reconvened or repeated altogether.

Challenges to the conviction do not come as a surprise. Since the trial’s conclusion, business and hard-line military supporters have issued numerous statements calling for its annulment. The Coordinating Committee of Agricultural, Commercial, and Industrial Finance (CACIF) stated in a press release that the trial was illegal, that “justice had been prey to ideological conflict,” and the conviction of genocide was “an opinion of the court that we did not share.” Ríos Montt supporters have organized demonstrations protesting his conviction. Moreover, presidential spokesman Francisco Cuevas criticized the international community for “driving the polarization” of Guatemalans following the trial. He also claimed that foreign interference from NGOs in the trial court proceedings ultimately influenced the landmark genocide verdict.

Meanwhile, international coverage of Ríos Montt’s conviction has generally been favorable. The New York Times, the Los Angeles Times, and the Huffington Post all provide solid historical background to the case. CNN and Aljazeera offer film coverage. A Huffington Post blogger explicitly implicated US involvement, particularly Ronald Reagan’s role. BBC and the Wall Street Journal also covered the trial.

Before Monday’s ruling, Ríos Montt was held in an army medical center, to which he was transferred after fainting on the way to a hearing regarding victim reparations. At the hearing, Judge Barrios ruled that heads of government, Congress and the judiciary, as well as interior ministers of defense must ask forgiveness of the Maya Ixil population. The court also ordered the government to establish schools on human rights within military and police academies. Pérez Molína continues to deny that the genocide occurred, but is willing to apologize for wartime atrocities.

The Public Prosecutor’s Office is also investigating 263 former guerillas for crimes against humanity, including inquisitions into accusations of terrorism, murder, forced disappearance, genocide, and torture.

Update on Conflict in San Rafael las Flores:

President Pérez Molína ended the “state of seige” declared in San Rafael las Flores and put in place a “state of prevention,” which restores basic rights of the residents but restricts the right to strike, the movement of legal weapons, and public demonstrations. Military and police presence ostensibly remains “exactly the same,” according to Pérez Molína. The president’s decision came after a number of jurists and constitutional lawyers pointed out the illegality of continuing the state of siege. Additionally, the Guatemalan Indigenous and Campesino Union Movement (MSICG) presented two legal actions before the Constitutional Court alleging the siege’s unconstitutionality and dictatorial nature.

Investigations into the conflict found that the chief of private security of the controversial San Rafael mine, Alberto Rotondo, explicitly gave the order to kill the protesters, clean the crime scene, and alter the police report. Residents of San Rafael have also denounced Mayor Leonel Morales, who has shown intent to implement a military outpost there. Morales had staff collect signatures for a pro-military petition only in areas where it had significant approval, while ignoring all surrounding villages that opposed it.

During the state of siege, numerous community leaders and mine opponents were arrested. Sixteen arrests occurred in Santa Rosa and Jalapa alone. Indigenous leader Guillermo Carrera Alvizures was arrested on counts of kidnapping, conspiracy, unlawful assembly, and aggravated robbery. Community members call for his liberation, claiming that leaders are being unjustly criminalized.

Weekly News Round Up

Updates on the Genocide Trial:
The trial of Efraín Ríos Mont and José Rodríguez Sánchez for genocide and crimes against humanity on August 14th of this year. Rodríguez Sánchez’s defense filed an injunction against the decision by Judge Miguel Ángel Gálvez to send the former military leader to trial. According to Rodríguez Sánchez’s lawyer, Gálvez did not explain the reasons for open debate against his client. Ríos Montt’s defense has now filed a similar legal action in which he claims that the crime he is being charged with does not exist in the legal code. Ríos Montt has also objected to the fact that Judge Patricia Flores is presiding over his appeal to the Court of Constitutionality. His lawyers claim that Flores is unfit to hear his case because she was recused from the proceedings against Héctor Mario López Fuentes, also accused of genocide.

International Crisis Group warns against use of military in maintaining public order
In a recent report featuring the October incident in Totonicapán, the ICG warned about the dangers of using the military to maintain public order in the country, especially where marches and social protests are concerned. Mary Speck, an analyst from ICG, observed that tensions are higher in indigenous areas where issues of mining, access to land, electricity and education have been prominent. She pointed out that these conditions have made the creation of trained civil security forces all the more urgent. The civil security forces should be used to confront protests without the use of violence.

Xincas oppose mining activity
Xinca communities and organizations demanded an end to the licensing of mining projects  in their territory in Santa Rosa, Jutiapa because of environmental damage. Juan Pablo López, director of the Coordinating Council of the Xinka People asked that the Environmenal Ministry consult with the indigenous communities before releasing a decision on environmental impact studies. López says that the San Rafael Las Flores mining company contaminates more than 6 million liters of water in the area daily.

Mayor of San Juan Sacatepéquez denounces opposition to well
Oscar Fernando Bracamonte, mayor of San Juan Sacatepéquez, denounced what he called “illegal groups” that he claims have held the people of San Antonio Las Trojes hostage in their opposition to the installation of a mechanical well. He placed the blame on Daniel Pascual and the Committee for Campesino Unity (CUC) for fomenting violence and dividing the people of San Juan. Pascual countered by saying that Bracamontes’ comments were irresponsible and added that the CUC does not have any bases in that municipality.

Human Rights Ombudsman investigating 28 cases of forced disappearance
The cases involve 70 people who disappeared during the internal armed conflict.The investigation has been ordered by the Supreme Court of Justice (CSJ). According to Jorge de León Duque, Human Rights Ombudsman, the cases are expected to move forward slowly because the courts are backlogged.

Fellowship of Reconciliation analyzes DOD contracts in Latin America with a focus on Guatemala
According to the report, Department of Defense contracts in Guatemala have more than doubled since 2010. The ban on most State Department-channeled military aid to the army is still in effect but this ban does not apply to Defense Department assistance. The $14 million in contracts in 2012 amounts to more than seven times the total in 2009.

Suspension of construction in Santa Cruz Barillas requested
A group from of about 100 people from the town of Barillas took to the local government offices on February 7th to demand an answer to a request sent last month to local leaders. The petition was read aloud from the balcony of city hall. The municipal leader assured the people that he had never signed any construction permits for the Hidro Santa Cruz company. The crowd then read out an act signed by the municipal leader and city clerk in December authorizing construction. The leader then assured the crowd that that document had been suspended and had no effect. A discussion between the local leaders and community resulted in the signing of an agreement wherein the civil society and the local council requested that the hydroelectric company suspend construction. The signing of this document is being hailed as a victory for the town of Barillas.

Intermediate phase hearing for massacre at Totonicapán begins
The intermediate phase hearing in the case of the massacre at Totonicapán began on Friday, February 8th. The purpose of the hearing is to try the nine soldiers accused of crimes of extrajudicial execution so that a formal indictment may be made by the public prosecutor and a public debate can begin. One of the accused soldiers, Colonel Juan Chiroy, argues that the villagers he fired on were armed and had injured the soldiers. The prosecutors objected to this testimony, showing evidence that the injuries received by the military were mild. The defense is claiming that the soldiers were provoked and that the demonstrations were not peaceful. The prosecution claimed that Chiroy did not heed the warning by his subordinates that the situation was under control and instead ordered them to exit the vehicles they were traveling in.

Weekly News Roundup

April 27^th- May 3^rd

• Human rights organizations protest against Canadian mining company. On April 27^th a group of thirty activists of human rights organizations protested Goldcorp’s mining operations in Toronto while the company was holding its Annual General Meeting in Timmins, Ontario. The protesters hoped to raise awareness of the company’s human rights abuses and environmental violations. The mine has been criticized locally and internationally for contaminating water sources; condoning intimidation, threats and attacks against community members; disregarding community referendums and international regulations, among other abuses.

• Cases of sexual violence and human trafficking on the rise. Given the growing number of cases of sexual abuse and human trafficking, judges and lawyers will hold prevention and awareness workshops. Additionally, on April 30^th the president of the Supreme Court of Justice, Thelma Aldana, announced that a specialized tribunal will start investigating crimes related to sexual violence and exploitation and human trafficking in August.

• Thousands of workers participate in International Workers’ Day marches on May 1^st. Echoing the demands of previous campesino and union marches this month, the International Workers’ Day marchers demanded an end to militarization and exploitative mining projects and criticized the decision by Congress to freeze further dialogue concerning the rural development law. They also asked for higher salaries and an end to high levels of impunity. According to Carlos Contreras, Guatemala’s Employment Minister, seven out of ten companies violate labor rights. In the first months of 2012 more than 4,000 complaints of labor violations have been sent to the Department of Labor.

• Guatemala declares state of siege in Huehuetenango on May 1^st. Interior Secretary Mauricio Lopez Bonilla sent a contingent of 100 military and 160 police forces to Santa Cruz Barillas, Huehuetenango to “restore order” after a group of 200 men armed with machetes and guns took over a military base in the area. Security forces arrested nine men involved in the mob after the declaration of the siege. That same afternoon, one community member was assassinated, and two others injured, in attacks by armed men with apparent links to the company. The village of Santa Cruz Barillas has outspokenly protested against the construction of the hydroelectric company and denounced the lack of consultation. The community is calling for a suspension of the company’s license.  According to Interior Secretary Mauricio Lopez Bonilla the riots were started by a group of intoxicated men who had been celebrating the La Cruz festival. President Perez Molina justified the state of siege on the grounds that the rioters were accomplices of drug traffickers. Human rights and peasant organizations repudiate the state of siege.

• Former police officer to stand trial for his involvement in Spanish Embassy fire in 1980. On the day of the fire, January 31^st 1980, the Embassy was stormed by indigenous protestors who wanted to inform the world about human rights abuses committed during the internal armed conflict. Former police officer Pedro Garcia Arredondo is accused of keeping firefighters from extinguishing the fire and ignoring the ambassador’s plead to withdraw his forces.

• 5,708 remains of victims of the internal armed conflict unearthed. Juan de Dios Garcia, representative of Adivima, confirms that the exhumation of victims’ remains helps to push the Public Prosecutor’s Office to move forward with their investigations of the massacres, and to bring justice to the victims and their families. He also mentions that finding the remains of the disappeared gives family members the peace of mind to know where their loved ones are and enables them to carry out a proper burial in keeping with cultural traditions.

• Candidates for the position of the Human Rights Ombudsman summoned to hearing. Candidates were asked to respond to questions and concerns from civil society groups. Most questions were directed towards the current Ombudsman Sergio Morales. The next step in the election process will be a forum discussion to be held May 11. Civil society organization released a public call to the Congressional Commission for Human Rights asking for an evaluation of the immediate necessities of the Office of the Ombudsman to strengthen the institution. With regards to the election of the Ombudsman, they recommend considering candidates whose defense of human rights, academic background, honesty and impartiality have sustained national and international acclaim.

Weekly News Roundup

April 12^th-April 26^th

National

• Human rights violations during the internal conflict will not be presented before the International Criminal Court. On April 2^nd Guatemala ratified the Rome Statute of the International Criminal Court (ICC) becoming the 121st state to join the international judicial institution. Attorney General Claudia Paz y Paz confirmed that beginning July 2012 cases involving individuals charged with genocide or crimes against humanity can be brought before the international court. She stressed the fact that human rights violations that occurred prior to July 2012 will not be considered by the Court such as the human rights abuses committed during the internal conflict will not be prosecuted by the ICC.

• UN Committee on Human Rights concerned about slow progress in achieving justice and public security. In the UN Human Rights Committee’s periodic review of Guatemala, the Committee members expressed concern about rising levels of violent crime, ineffectiveness of the police force to investigate or stop crimes, the increasing number of private security companies, the lack of judicial reforms, and slow advances in legal prosecution.

• Lawsuit brought against Attorney General.  Danilo Rodríguez Gálvez, the lawyer for Efraín Ríos Montt, submitted a complaint against the Attorney General Claudia Paz y Paz because she has not respected the legal process and is illegally prosecuting the former general.  Human rights groups have denounced this- among other appeals and injunctions- as an attempt to obstruct justice.

• Remains of 99 victims of Guatemala´s internal armed conflict found inside a military base. A forensic team found the remains of 99 bodies in 15 pits on the grounds of a military base in Coban. The team of specialists is looking for the remains of 200 to 300 people who disappeared during the internal armed conflict. The exhumation efforts come as a response to requests from prosecutors and families of the disappeared. The military post where exhumation takes places is currently home to the UN Peacekeeping training Center, CREOMPAZ.  GHRC visited the exhumation in March with FAMDEGUA and has asked the UN to facilitate increased access for families, NGOs and the media.

• Forced displacement of elderly protestors. At 3:30 in the morning on April 19^th, protestors who had taken refuge at the “Refugio Dulce” during the night were brutally displaced by agents of the National Civilian Police and the Presidential Secretary for Security and Administrative Affairs. Earlier this week the demonstrators had set up their camp outside of the Presidential Palace to continue their protest which they had suspended during the Easter festivities. The protestors came from areas including Petén, Dolores and Jalapa to demand a budget of Q18 million (US $2.3 million) for the construction of housing in 9 departments. The budget was cut by Congress due to ‘abnormalities’ in the handling of the funds.

• Group of unionists protest in Guatemala City  In the second large protest in a month, unionists of the Frente Nacional de Lucha asked for improvements in the health, education, and security sectors and the prosecution of the individuals responsible for the death of their fellow unionists.  They met with Vice-President Roxana Baldetti and future meetings will take place every 3 months.

•  Second campesino march for rural development. Members of the National Council of Peasant Organizations (CNOC) and the Committee of Peasant Unity (CUC) demanded action from the government.  They want recognition of their ancestral lands, nationalization of electric energy plants, and an end to forced displacements.

• Two military brigades may be installed in Izabal and San Marcos. Guatemala’s Department of Defense is considering installing two military brigades in Puerto Barrios, Izabal, and San Marcos. Each brigade would have about 500 soldiers.

• Inter-American Court hears “Diario Militar” case.  The Inter-American Court on Human Rights heard testimony from family members of 27 individuals who disappeared during Guatemala’s internal armed conflict.  Kate Doyle from the National Security Archive testified, saying that the Guatemalan government systematically hid information about the internal armed conflict.   The case was opened after the National Security Archive received and published the military book, known as the “Diario Militar.”  It was written by the President’s Intelligence Unit between 1983 and 1985 and implicates several members of the Guatemalan military, including Gudiel Álvarez, for forced disappearances and the torture of a young girl. Final testimony will be heard June 8^th.

• New technology revives investigation of Gerardi case. Fourteen years ago Monsignor Juan Gerardi was murdered in his garage; those who physically carried out the brutal crimes are in jail, but now new technology is being used in a second phase of investigations seeking to charge the intellectual authors.  DNA and fingerprint analysis, as well as reconstruction of the crime scene, are used to find new information on the suspects.

• 201 crimes attributed to Ríos Montt.  The Public Prosecutor charged ex-head of state Efraín Ríos Montt for his role in sending the Kaibiles to Dos Erres, an act which resulted in the massacre of 201 men, women, and children on December 7, 1982. Five ex-Kabilies were already charged with 6,060 years in prison for their role in the massacre.  Ríos Montt’s defense attorney claims that his client is being targeted simply because he was the head of state.

• Rosalina Tuyuc receives Peace Award.  Rosalina Tuyuc received the Niwano Peace Prize for her work as a peace activist and human rights defender.  This is the first time an indigenous woman has received the award.

International News

• US announces aid program to Guatemala The United States Southern Command announced yesterday a 3-month aid program which will be developed in the departments of Coban, Alta Verapaz, Ayutla, Malacatan and San Marcos. In addition to providing medical assistance, the US military will participate in construction programs of public buildings and health facilities.

• International Rights Advocates released a video denouncing the United States medical experiments on Guatemalans during the 1940s.  The victims of these tests still have not been compensated.

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: