Genocide Trial in Guatemala Drawing to a Close

Over the last month, the historic trial has been moving forward in Guatemala’s High Risk Court charging former Head of State Efraín Ríos Montt and former Head of Military Intelligence José Mauricio Rodríguez Sanchez with Genocide and Crimes Against Humanity. The victims have waited for over 30 years for justice to be served for the atrocities committed against Guatemala’s indigenous people, and finally, a verdict is in sight.

Thanks to all of our supporters who sent an email to U.S. Ambassador Arnold Chacon asking him to attend the genocide trial. Although the trial began on March 19, the US Ambassador didn’t make an appearance in the courtroom until April 9th. The following day the Embassy finally broke its silence regarding the trial and issued a press release reiterating the importance of justice for reconciliation in Guatemala. The press release also expressed the US’s support for justice processes which are “credible, independent, transparent and impartial,” and exhorted “all Guatemalans to respect the legitimacy and integrity of the process.”

Nobel Peace Prize winner and genocide survivor Rigoberta Menchu greets victims’ families. (Photo: mimundo.org)

Breaking News: We’ve received word that a decision in the trial against Efraín Ríos Montt and José Rodríquez Sanchez may come as soon as the end of this week. The trial has progressed at breakneck speed covering testimony from more than 100 survivors and dozens of experts, despite constant attempts by the defense to stall or derail the process.

Weekly News Round-Up, March 18-25

Day 1 of Genocide Trial
On March 19, 2013, the historic trial opened against Rios Montt and Rodríguez Sánchez. After almost two hours of delays by the Defense, the trial began. The public prosecutor stated that the objective of military operational plans under Ríos Montt was the destruction of the Mayan Ixil population as part of a counter-insurgency campaign that characterized civilians of this ethnic and linguistic minority as an “internal enemy”. Attorney Edgar Pérez rejected assertions that the act of seeking justice is itself an act of terrorism or an effort to destabilize Guatemalan society. Political pressure on the actors involved has been intense, and just before the trial begain, President Otto Perez Molina’s denied that genocide took place. Perez told reporters: “It is important to state it because I lived it: there was no genocide in Guatemala.” Marcie Mersky, Program Director at the International Center for Transitional Justice, says such comments may influence legal proceedings and are inappropriate.

Lolita Chávez participates in month-long speaking tour in Canada and US
In events in Montreal, Ottowa, Vancouver, BC and Washington, DC, Lolita Chavez spoke about the work of the K’iche’ People’s Council and community resistance to harmful transnational development projects. In an interview with Montreal Gazette, Lolita stated that: “Canadian companies are the main protagonists in this invasion that brings only death and destruction.” A short video interview is available here.

Weekly News Round Up Feb. 23-Mar.5

Constitutional Court upholds case closure for Efraín Bámaca’s disappearance
The Constitutional Court (CC) has confirmed the closure of the criminal case involving the forced disappearance of Efraín Bámaca. In March 2011, Bámaca’s widow, Jennifer Harbury, brought a criminal complaint against then presidential candidate Pérez Molina for his role in her husband’s disappearance and death. Bámaca (alias Comandante Everardo) disappeared in 1992. According to the military, he committed suicide, but Harbury says that he was actually detained, tortured and killed. In December 2010, the Inter-American Court of Human Rights ordered the Guatemalan government to re-investigate the case of Bámaca’s forced disappearance. Harbury’s lawyer has indicated that he will take action against Pérez Molina for not fulfilling the IACHR’s demands for a re-investigation of the case.

Constitutional Court rejects legal action filed by Toto indigenous leaders
The Constitutional Court (CC) unanimously rejected the legal action filed by the 48 cantones of Totonicapán against the Mining Law. The court’s decision called on Congress to regulate consultation with indigenous communities as established in ILO Convention number 169. The plaintiffs argue that the Mining Law was issued when there was still a right to consultation under the ILO convention and therefore the law is unconstitutional because it does not respect that right. The trial against the soldiers who fired on the group of protesters in Totonicapán last year is still ongoing. One of the defense lawyers for the accused soldiers says that he will ask for an acquittal. He says that his clients were motivated by “an overwhelming fear”, and thus they are innocent.

Weekly News Round Up Feb. 12-18

Communities deny participation in new attack on Hidro Santa Cruz in Barillas
The Spanish-owned hydroelectric company is claiming that on the night of February 17, a group of 15-20 people closed off the entryway and entered the construction site where they damaged equipment. The community, which resumed peaceful protests against the hydroelectric project on the 15th, says that it had nothing to do with the attacks. Community leaders insist that, as of now, they do not know who is responsible for these events. Actions such as these have, in some cases, been carried out by people linked to a company in order justify a greater police or military presence to protect its economic interests.

Meanwhile, Otto Pérez Molina spoke to Spanish businesses about investing in Guatemala. In a speech before a group of Spanish businessmen and several government officials, President Pérez Molina emphasized the need for more foreign direct investment in his country. Highlighting the abundant hydroelectric and mining resources in Guatemala, and projects that like in Barillas, he claimed that conflicts around resource extraction projects are simply a product of misinformation put forth by environmental groups, which have been “fully identified and controlled.”

Eight soldiers and one colonel will go to trial for Totonicapán killings
Colonel Juan Chiroy and eight of his soldiers will not be tried for the crime of extrajudicial execution in the killing of six protesters in Totonicapán in October of last year. Instead, the colonel is charged with breach of duty while the soldiers are charged with breach of duty and “murder in a state of violent emotion.” Judge Carol Patricia Flores determined that the soldiers fired in self-defense. On February 19th, the Public Prosecutor’s Office presented a recusal against Judge Flores.

IACHR mediation to prevent contamination in El Salvador by Guatemalan mining
On January 10, the Salvadoran Human Rights Ombudsman Office (PDH) asked the Inter-American Commission for Human Rights (IACHR) to mediate in order to prevent potential contamination by the Cerro Blanco mine. The gold mine is property of the Canadian company Goldcorp Inc. and is located in Guatemala near the border with El Salvador, in a region that could affect 600,000 people. It sits near the source of the water basins for El Salvador, Guatemala and Honduras. On February 12, Salvadoran President Mauricio Funes announced the creation ofa commission to investigate the impact of the mine. Despite concerns from many Salvadoran institutions, including the Catholic Church of El Salvador, about the dangers of the Cerro Blanco mining project, President Pérez Molina has rejected the notion that the project poses a risk of contamination. He also announced plans to resolve the conflict surrounding the mine by holding a meeting with the Salvadoran government next week.

Search for missing persons from 1983 
The program ‘Todos por el Reencuentro’ made an appeal to the Supreme Court of Justice regarding the search for 9 disappeared persons in 1983. The case began with 24 children who, in 1983, were taken to a military base in Cobán. Fourteen were found adopted in Italy and one in the capital. The program will petition Congress to ratify the International Convention Against Forced Disappearances, which Guatemala signed in 2006.

Héctor Mario López Fuentes will not stand trial
82-year-old Former Minister of Defense, Héctor Mario López Fuentes, will not be tried for genocide and crimes against humanity after a new report by the National Institute of Forensic Sciences concluded that he does not have full use of his mental faculties. The report states that he does not have the capability to understand and express himself adequately in court. His poor health, including hearing, speech and vision problems, is being blamed on the fact that he has suffered from a stroke, and has multiple myeloma and bladder and prostate cancer. His attorney has also recused the judge in charge of his trial.

January News Round Up

Ríos Montt on trial for genocide and crimes against humanity
The trial against former head of state Ríos Montt and along with former general José Rodríguez, began on January 30th, two days after Judge Ángel Gálvez announced his decision to try the two men for genocide and crimes against humanity. The much-anticipated announcement drew a large crowd which included many survivors of the armed conflict as well as journalists, retired military personnel, and human rights activists. The decision was hailed as a victory for the victims of one of the most violent conflicts in Central America.

Spanish delegation comments on conflict in Santa Cruz Barillas
A group of Spanish representatives on a mission to investigate human rights in Guatemala held a press conference last week to talk about several of the cases they looked into during their visit. One of the cases that they highlighted was the conflict in Santa Cruz Barillas, Huehuetenango surrounding the dam proposed by the Hidro Santa Cruz energy company. One Spanish representative expressed concern for the human rights violations there including the assassination of a community member, illegally long detentions of political prisoners and the absence of a means of democratic communication between the community members and authorities. Another representative, Josep Nuet, expressed a desire for Hidro Santa Cruz to start the project anew, this time with the input of the community.

Limitations on the Inter-American Court of Human Rights repealed
The executive branch announced on January 17th Government Agreement number 30-2013, which repealed an earlier decision to not recognize the jurisdiction of the Inter-American Court of Human Rights on violations prior to February, 1987. The original agreement (number 370), which was announced on January 2nd, was met with much criticism, forcing the President to suspend it the next day.

An analysis of President Perez Molina’s first year in office
During his first year in office, President Pérez Molina launched the Cero Hambre and Bolsa Segura programs to combat malnutrition and hunger. His critics allege that these programs have not yet reached much of the at-risk population and have not done enough to break the cycle of poverty. Credit should be given to the attorney general, police commissioner, and interior minister, and the International Commission against Impunity in Guatemala for the improvements in the murder rate as well as the security situation. “In 2012, Guatemala recorded 5,174 homicides, approximately 500 fewer than in Colom’s last year, thereby reducing the country’s murder rate from 39 to 34 per 100,000. However, while the government’s increased reliance on the military and mano dura policies has not led to an increase in homicides, there is good reason to be concerned with the government’s increasing reliance on the military to perform acts better suited for police.” writes Mike Allison.

Defense Ministry blocks access to military records from 1982
The Minister of Defense, Ulises Noé Anzueto, has declared that military documents from 1982 shall remain classified. Last month the Office of Human Rights requested access to specific documents detailing Army General Orders for Officers from that year. Military officials have stated that the documents contain sensitive information pertaining to the “structure, composition, size, strength and weaponry” used by the army and therefore cannot be released. GAM (Grupo de Apoyo Mutuo) rejected the Defense Ministry’s decision, saying that it is necessary for the public to have access to this information and that their refusal to release the documents violates the Law of Access to Public Information (LAIP). According to the Defense Ministry, the documents must remain classified for another seven years.

President Pérez Molina talks about drug reform and ‘alternative’ approaches to dealing with gangs
The Guatemalan president indicated that he would be open to alternative ways of dealing with the gang problem in his country, including negotiating a dialogue between rival groups. After the success of this strategy in neighboring El Salvador, Guatemalan officials were hopeful about the outcome of such ‘alternative’ ways of dealing with this issue although Pérez did warn that the nature of the Salvadorian gang problem was different than that in Guatemala. The President’s comments were made at the World Economic Forum, where he also claimed that reforming prohibitionist drug laws would reduce drug violence by half. More recently, the Minister of the Interior announced a new heroin poppy crop substitution program.

Conflict and violence at San Rafael mine
A violent attack on the San Rafael Las Flores mine took place sometime in the night between January 11th and 12th. The citizens of the town, who have been peacefully protesting the mine for several months, became worried as news of the event spread. At least two of the mine’s workers were killed during the night and several others were injured in what appears to be a well-planned attack from an unknown source. Unfortunately, reports soon circulated blaming the local population for creating unrest in the community. Minister of the Interior, Mauricio López Bonilla, claimed that the attack was an act of terror connected to drug-traffickers and hired hitmen. Most media reports failed to highlight the non-violent efforts of community members over the past few months to stop the company from violating their rights. Community members insist that they stand in opposition to the mining company, not the people of San Rafael.

Security guards at Marlin mine shoot at workers
On January 8th, guards at the Marlin mine in San Miguel Ixtahuacán, San Marcos shot at and wounded nine mine workers who are protesting against the mining company, Montana Exploradora of Guatemala. The workers were protesting for the right to employment benefits. The company has been coercing its workers to sign employment contracts which do not allow them to receive any benefits for working in the mine.

Human Rights Ombudsman says the state has failed to consult local populations about hydroelectric and mining projects
Jorge de León Duque went before the Court of Constitutionality to testify the that State of Guatemala has not been respecting the human rights of the indigenous communities whose lands are being used for hydroelectric and mining purposes. He points to the fact that the government and energy companies have been ignoring the input of the communities where these projects are being built.

Military increasing role in citizen security
President Pérez Molina has order the Ministry of Defense to develop a plan to increase military involvement in both citizen and border security. The president indicated that he would not back down when it comes to matters of security, especially after the news of increased violence in January. The Catholic Church has expressed a concern over the remilitarization of the country. Following a meeting between the President, the Ministry of the Interior and the Ministry of Defense, Perez Molina announced that they were looking into the possibility of declaring a state of emergency in those areas of the country that have been most affected by violence.

A tense situation faces community members of San Antonio Las Trojes 1, San Juan Sacatepéquez
The community has opposed the construction of a cement factory for Cementos Progreso since 2006. In spite of their protests, the company has brought heavy machinery to the community to build a well, as well as threatened and assaulted both a visiting verification commission and local leaders. Since January 28th, over 5,000 people have maintained a daily, nonviolent protest in front of the cement factory to denounce the acts of violence and intimidation, and to demand that their rights be respected.

GHRC Denounces Closure of Peace Archives Directorate in Guatemala // GHRC denuncia clausura de la Dirección de los Archivos de la Paz

[en espanol abajo]

The Guatemalan Human Rights Commission/USA expresses extreme concern at the Guatemalan Government’s announcement that it is closing down the Peace Archives Directorate of the Peace Secretariat (SEPAZ) and dissolving its investigative team, effectively canceling their projects to publish historical reports and denying future contributions to criminal investigations.

The work of the Peace Archives Directorate (Dirección de los Archivos de la Paz, DAP) has been integral to ongoing efforts to institutionalize the peace process and promote transitional justice, and has contributed greatly to the public’s access to truth and historic memory.

The Directorate’s investigative researchers and their reports have provided key evidence for human rights prosecutions, such as the military chain of command at times when the army committed massacres, torture and forced disappearances. Recently, Archive staff were called upon to provide expert testimony in emblematic cases such as the Genocide Case brought against former dictator Efraín Ríos Montt.

Created in 2008, the Directorate´s mandate is to “receive, analyze, classify, compile and digitalize military archives in order to establish human rights violations committed during the internal armed conflict”, recognizing explicitly that “the clarification of historic truth has been part of the Guatemalan peace process given that it contributes to the dignification of victims” of the conflict. In 2009, the mandate was expanded to include documents from other Government offices that could help establish human rights violations.

In only four years, the office has digitalized more than two million documents and published nine books that analyze themes such as the Presidential General Staff (Estado Mayor Presidencial, or EMP), illegal adoptions, the Military Diary (el Diario Militar), and the labor rights movement.

Nevertheless, the Secretary of Peace, Antonio Arenales Forno, announced on May 31 that the investigation and analysis provided by the archive is not reason to maintain the entity, saying: “Today the decision was made to eliminate the Directorate, canceling contracts for which I find no justification and the functioning of an office I find makes no sense.” The focus of the Peace Archives, he maintained, should be on providing information for the National Reparations Program, not on investigating the military, an erroneous justification given that the dignification of victims through the clarification of the truth is considered an important element of reparations.

Since January, when retired General Pérez Molina assumed the presidency, 23 staff members of the Directorate have been dismissed, including the former director Marco Tulio Alvarez. In April, five technical archival experts were let go, and on May 28, 17 investigators and other experts were notified that their contracts had been prematurely terminated. Members of the SEPAZ union, SITRASEPAZ, have denounced the firings as illegal under existing procedural guidelines.

The closure will also terminate an existing agreement of cooperation between the Peace Archives and the Public Prosecutor’s Office and will impede the Archive’s contribution to criminal investigations into human rights violations. Furthermore, the comments of Arenales Forno demonstrate not only a lack of respect for victims of the internal armed conflict, but a genuine threat to their right to truth and justice.

By dismantling the entity designed to oversee and manage the entirety of documents pertaining to human rights violations committed during the internal armed conflict, Secretary Arenales Forno and President Pérez Molina will extinguish an invaluable contribution to the preservation of historic memory and to the State´s obligations under the Peace Accords, at the same time obstructing efforts to investigate the military for egregious human rights violations and crimes against humanity.

The Guatemala Human Rights Commission calls on the Guatemalan government to:

• Strengthen, not weaken, the Peace Archives Directorate and respect its important role in promoting transitional justice;

• Reestablish formal collaboration and inter-governmental agreements that were terminated between the Directorate and the Public Prosecutor’s Office;

• Reinstate any worker whose contract has been illegally terminated;

• Explain the fate of the digital archives maintained by the Directorate and the public reading room;

• Clarify and make transparent the plans to restructure SEPAZ, the National Reparations Program (PNR) and the Presidential Human Rights Commission (COPREDEH).

Guatemala Human Rights Commission/USA
Washington, DC
June 4, 2012

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La Comisión de Derechos Humanos de Guatemala en Estados Unidos (GHRC) expresa su profunda preocupación por el anuncio del Gobierno de Guatemala de clausurar la Dirección del los Archivos de la Paz de la Secretaria de la Paz (SEPAZ) y desarticular su equipo de investigación, efectivamente anulando sus proyectos de publicaciones de informes históricos y de la memoria histórica y negando futuras contribuciones a investigaciones criminales.

El trabajo de la Dirección del los Archivos de la Paz (DAP) ha sido integral en los continuos esfuerzos para institucionalizar el proceso de paz y justicia transicional y ha aportado grandes contribuciones al acceso público a la verdad y la memoria histórica.

Los investigadores de la DAP y sus publicaciones han brindado evidencia clave en juicios de derechos humanos, así como sobre la cadena de mando del Ejército en tiempos en los que cometió masacres, tortura y desapariciones forzadas. Recientemente, personal de la DAP fue citado a dar testimonio como perito en casos emblemáticos como el caso de genocidio contra el ex dictador Efraín Ríos Montt.

Creada en 2008, la DAP tiene el mandato de “recibir, analizar, clasificar, compilar y digitalizar archivos militares con el fin de establecer violaciones a los derechos humanos cometidas durante el conflicto armado interno”, reconociendo explícitamente que “el esclarecimiento de la verdad histórica ha sido parte del proceso de paz guatemalteco y que contribuye a la dignificación de las víctimas” del conflicto. En 2009, el mandato fue ampliado para incluir documentos de otras instituciones del Estado que pudieran tener información sobre violaciones a los derechos humanos.

Tan solo durante cuatro años, la oficina ha digitalizado más de dos millones de documentos y ha publicado nueve libros que analizan temas como el Estado Mayor Presidencial, adopciones ilegales, el Diario Militar y el movimiento sindical.

Sin embargo, el Secretario de la Paz, Antonio Arenales Forno, anunció el 31 de mayo que la investigación y análisis que se lleva a cabo en la DAP no es suficiente motivo para mantener la entidad con vida, diciendo que: “Hoy por hoy se tomó la decisión de eliminar la Dirección, cancelando contratos por los que no encuentro justificación y la función de una dirección a la que no le encuentro sentido”. El enfoque de la DAP, insistió Arenales Forno, debe ser en proveer información para el Programa Nacional de Resarcimiento, no en investigar el ejército, una justificación errónea ya que la dignificación de las victimas a través del esclarecimiento de la verdad es considerada una forma importante de resarcimiento.

Desde enero, cuando asumió la presidencia el general retirado Otto Pérez Molina, 23 empleados de la DAP han sido despedidos, incluyendo el entonces Director, Marco Tulio Alvarez. En abril, cinco técnicos archivistas fueron destituidos y el 28 de mayo, 17 investigadores y otros expertos fueron notificados que se había rescindido sus contratos antes de tiempo. Miembros del sindicato de SEPAZ, SITRASEPAZ, han denunciado los despidos como ilegales según los procedimientos legales correspondientes.

La clausura también termina con un convenio de cooperación vigente entre la DAP y el Ministerio Público e impedirá que el Archivo aporte información para procesos penales por violaciones a derechos humanos. Además, los comentarios de Arenales Forno demuestran no sólo una falta de respeto para las víctimas del conflicto armado interno, sino también una amenaza real a su derecho de conocer la verdad y se haga justicia.

Al desmantelar la entidad diseñada para supervisar y administrar la totalidad de los documentos relacionados con las violaciones de derechos humanos cometidas durante el conflicto armado interno, Secretario Arenales Forno y el Presidente Pérez Molina extinguirán una contribución invalorable a la preservación de la memoria histórica y al cumplimiento de los Acuerdos de Paz, a la vez que obstaculizan los esfuerzos para investigar al ejército por las violaciones atroces de derechos humanos y crímenes de lesa humanidad.

La Comisión de Derechos Humanos de Guatemala insta al Gobierno de Guatemala a:

• Fortalecer, en vez de debilitar, la Dirección de los Archivos de la Paz y respetar su papel importante en impulsar un proceso de justicia transicional;

• Restablecer la colaboración formal y los compromisos inter-gubernativos rescindidos entre la DAP y el Ministerio Público;

• Reincorporar cualquier trabajador cuyo contrato fue rescindido de forma ilegal;

• Explicar el destino de los archivos digitales administrados por la DAP y el del salón de lectura;

• Clarificar y transparentar los planes para reestructurar la SEPAZ, el Programa Nacional de Resarcimiento (PNR) y la Comisión Presidencial Coordinadora de la Política del Ejecutivo en materia de Derechos Humanos (COPREDEH).

Comisión de Derechos Humanos de Guatemala en Estados Unidos
Washington, DC
4 de junio de 2012

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.

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.

Weekly News Round-Up

Weekly Round-Up: 12/11 – 12/16

National News

• Former president and military dictator José Efraín Ríos Montt voluntarily presented himself to the Human Rights Attorney to solicit information about any charges held against him.  Ríos Montt, head of the military regime that ruled during the most violent years of the internal conflict, commented that, ‘for 25 years, he has been linked to a supposed genocide in the 1980’s and, thus, would like to know if he will be facing charges’ in January when he loses his right to immunity.  According to Prensa Libre, the former dictator presented himself to the Attorney General because of a list of 14 people wanted for genocide, which includes his name.  He argued that ‘as Chief of State, he did not order the murder of anyonenor has he killed anyone; he employed a political strategy that allowed law and order to prevail in Guatemala.’
  

  José Efraín Ríos Montt; Foto: Jesús Alfonso > El periódico

• Twenty-nine years after the Dos Erres massacre in Petén, President Colom formally apologized to the survivors and relatives of the victims killed in the brutal event.  Ruth del Valle, president of COPREDEH (Presidential Commission on Human Rights), recognized that justice has come ‘very late’ for the victims and much work has yet to be done to achieve justice, including full identification of all individuals murdered and their proper burial.  The apology comes after four former Kaibiles were charged and sentenced for involvement in the massacre earlier this year.

• President-elect Pérez Molina met with Mexican President Felipe Calderón yesterday to discuss their collaboration on a variety of issues.  In a press conference following the meeting, Pérez Molina reported that they had discussed several issues, including the creation of a civil intelligence platform to share information regarding the organized crime and narco-trafficking and a possible ‘consular pass’ that would allow Guatemalan immigrants to travel through Mexico without a visa.

• Fifty more names have been added to the list of those accused of violent actsduring their supposed involvement with the leftist guerilla movement of Guatemala’s armed conflict.  Theodore Michael Plocharski, a Guatemalan citizen responsible for the accusations, is claiming that the accused were involved in the kidnapping, torture and assassination of eight diplomats.  The list includes human rights defenders and social activists Sandra Torres Casanova, Orlando Blanco and Marielos Monzón.

• In response to the accusations by Plocharski, Attorney General Claudia Paz y Paz commented that ‘we will do what is necessary to investigate these accusations, but that it is important to remember that much time has passed and it is frequently difficult to find proper documentation of the guerilla activities during the armed conflict.’

• In an interview with ElPeriodico, Theodore Plocharski comments on his motives for accusing over 50 people with links to the assassination of diplomatsand association with the leftist guerilla movements during the armed conflict.  Plocharski said he wants the truth to be heard and justice to be served and argued that it is time the Attorney General investigates crimes committed by the guerrillas as well as the military.  He also commented that he is not necessarily proposing legal action against the individuals on the list, but rather against the guerilla entities—ORPA, EGP, PGT and FAR.
  

  Michael Plocharski, denunciante. (Foto Prensa Libre: Erick Avila)

• Sonia Pérez of Plaza Pública has published an excellent opinion piece questioning the validity of Plocharski’s accusations and suggesting that his claims are a smokescreen tactic intended to hinder legitimate justice proceedings initiated against former militaries.  In another piece from the same publication, Mónica Mazariegos condemns the accusations as ‘a pathetic and desperate attempt to get even’ and argues that in this moment, now more than ever, the people of Guatemala must push for truth, justice and compensation for the victims of the armed conflict.

• Judge Carol Patricia Flores has ruled that ex-military Lucas Tecú and former PAC members Julián Acoj Morales, Mario Acoj Morales, Santos Rosales García and Eusebio Grave García will stand trial for the death of 256 members of the community of Plan de Sánchez, Rabinal, Baja Verapaz during the armed conflict.  According to the accusations put forth by the Attorney General, the five former officers were directly involved in the massacre in Rabinal on July 18^th, 1982 and are being charged with crimes against humanity and murder.

International News

• The Associated Press provides a devastating depiction of violence in Guatemala, particularly in the capital city where ‘it’s not uncommon to see…residents unfazed by the sight of a corpse by the side of the street.’