At hearings at the Inter-American Commission on Human Rights on Tuesday in Washington, DC, Guatemalan organizations discussed access to justice and the legacy of the internal armed conflict, as well as the situation of human rights defenders, militarization and judicial independence.
In addition, the IACHR has expressed concern about the excessive militarizationof Guatemala. The organization points to the presence of the military in schools, civilian security squadrons, and the use of martial law. In response, the Guatemalan government has denied the existence of militarization in the country and claims that the army only supports the police in security matters if the situation requires it.
The Inter-American Court of Human Rights (IACtHR) announced that it found Guatemala guilty of failing to investigate the death of human rights defender Florentin Gudiel Ramos. The court also determined that the government failed to provide adequate protection for his daughter, Makrina Gudiel, who is also a human rights activist. The State has failed to comply with eleven similar rulings in other human rights cases, prompting the IACtHR to declare Guatemala in contempt of court in August 2014.
Makrina visited the US this year as part of GHRC’s Spring Speaker’s Tour. Read more about Makrina’s fight for justice here.
Guatemalan activist and feminist Luz Mendez writes about another historic case moving forward in Guatemala. On October 14th, Guatemala’s High Risk Court ruled that two army officers would be charged for sexual crimes perpetrated against Q’eqchí women at the military outpost of Sepur Zarco. These crimes were committed over a six-year period between 1982 and 1988. The trial is the first for sexual slavery during armed conflict that has been presented in the country where the acts took place, and could establish an important precedent in ending impunity for crimes of sexual violence.
At least 80 actions have been filedwith the Constitutional Court related to the process of selecting the magistrates for Guatemala’s Supreme Court and appeals courts.
The United Nations, the Human Rights Ombudsman’s Office and several national and international organizations have requested that the Constitutional Court (CC) order a repeat of the process from the very beginning, alleging that there were various violations of the law which governs the process. The CC also ordered that until it is able to rule on the actions, the appointment of the new magistrates is suspended, and the existing magistrates will remain in their positions.
In addition, one judge who was appointed to a court of appeals, Claudia Escobar, resignedin protest claiming that she had been pressured by a member of Congress, Gudy Rivera, to rule in favor of Vice President Roxana Baldetti and the ruling Patriot Party in exchange for the appointment to the court. In response, the CICIG requested the Rivera’s immunity from prosecution be removed.
In a separate process, two lawyers have been charged with abuse of power with the Third Appeals Court Judge, Erick Gustavo Santiago de Leon. The Public Prosecutors Office alleges that the attorneys offered Santiago de Leon Q16 million to reduce a fine for a company from Q93 million to Q3 million. Meanwhile, the magistrate was reelected to the appeals court. Continue reading →
A lawsuit is being filed against Tahoe Resources in relation to the violence that occurred during a 2013 peaceful protest at the Escobal silver mine in San Rafael Las Flores. The mine’s security guards are being accused by seven Guatemalans of attacking them and critically injuring Luis Fernando García Monroy after shooting him three times, once in the face. The lawsuit also accuses Tahoe’s Chief of Security in Guatemala, Alberto Rotondo, of various crimes, including ordering the attack on the peaceful protestors, fabricating a story that the demonstrators attacked mine employees, and arranging the tampering of evidence. Continue reading →
Upside Down World publicized the call from us at GHRC and our partners at NISGUA for the US government to maintain restrictions on funding to the Guatemalan Army, as Guatemala has not complied with conditions laid out in the 2014 US Appropriations Law.
This week, GHRC kicked off our November Speaking Tour with Lorena Cabnal — an indigenous Xinka woman and community feminist — in Houston, Texas. After earning her degree in Community Social Psychology, Lorena co-founded the Association of Indigenous Women of Santa María Xalapán (AMISMAXAJ) in 2003.
Lorena Cabnal and GHRC Executive Director Kelsey Alford-Jones with Father Gerry, of Maryknoll house, and members of the RPDG and ADOGUAH — co-sponsors of a great event on Monday evening!
At out first event, Lorena discussed the status of Xinka women in Guatemala, as well as her experiences as a community activist. She described seeing a great amount of violence against women, young girls getting pregnant at the ages of 12 or 13, and women with up to 15 children. There were also issues with human trafficking, with young girls being sold into prostitution or into illegal international adoptions.
As Lorena and other members of AMISMAXAJ began to denounce these attacks against women, they also organized against oil extraction on their ancestral lands. The group discovered that there were 31 licenses for exploration for extraction projects in the Jalapa region, and warned the indigenous government that oil and mining projects “will become a serious problem.”
Lorena also explained what she called a “statistical ethnocide” against the Xinka people — the fact that the Xinka were not recognized as an ethnic group until the peace accords were signed in 1996, and that the Guatemalan government estimate of the Xinka population was much lower than a self-organized census found. Continue reading →
The trial of Efrain Rios Montt for genocide has been pushed back to January 2015; a court official said that judges were too busy with other cases to resume the trial during 2014. Families of victims of the armed conflict expressed regret at the decision to push the resumption of the trial back this far. Hector Reyes, a lawyer with the Center for Human Rights Legal Action (CALDH), criticized the new date and said that the court decision is a violation of victims’ rights.
Prosecutors of the Rios Montt genocide case presented a complaint to the Inter-American Commission on Human Rights (IACHR) on Wednesday, November 6, to reinforce the 80-year prison sentence that was handed down to Rios Montt earlier this year. Petitioners stated that Guatemala failed to guarantee justice because of irregularities throughout the trial and a lack of access to military archives. Previously, the IACHR has requested that Guatemalan authorities investigate human rights abuses committed during the civil war and affirmed that Guatemala’s amnesty law does not impede that process.
As an alternative to Columbus day, throughout Guatemala, various indigenous groups and organizations marched to demand that the government respect their rights in relation to mining, hydroelectric dams, and agricultural reform, once again expressing opposition to resource extraction development projects that only benefit a small sector of society. An article from La Hora highlights the inequalities indigenous peoples still suffer in Guatemala.
Juan José Reyes Carrera and retired military lieutenant Pablo Silas Orozco Cifuentes were sentenced to two years in prison for threatening five reporters in 2012. Both men are former employees of the Tambor mine owned by EXMINGUA, the Guatemalan subsidiary of U.S. company Kappes, Cassiday & Associates. The jail time will be suspended on the condition that both men pay a fine of about $2,000.
10 women died in three separate violent attacks last Saturday, making it arguably the most violent day against women this year. So far nearly 600 women have been killed this year, a 16% increase since this time last year. Of these murders, 68.75% have been with a firearm. Since January 2012 the Public Prosecutor’s office has heard 493 cases of femicide and issued 109 sentences.