2017 Alice Zachmann Human Rights Award Recipient

GHRC is proud to announce that the Coordination of Associations and Communities for the Integral Development of the Cho’rti People [COMUNDICH] has been chosen to receive the Alice Zachmann Award for human rights defenders. COMUNIDICH will be represented in the award ceremony by Elodia Castillo Vasquez.

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Elodia Castillo Vasquez from COMUNIDICH. Foto: Laura Kleiner.

Cho’rti communities in the municipalities of Camotan and La Union in the department of Chiquimula, along the border with Honduras, are renowned for extreme levels of poverty and malnutrition.  Not only are Cho’rti lands arid but these vulnerable communities have been illegally pushed off their lands by local families using violence and corruption of the justice system.

COMUNDICH is successfully pursuing lawsuits in national courts to recover land illegally taken from Chorti communities, and promote grassroots development projects so they may better feed their families.

Large landholders in the area often maintain Cho’rti lands under the control of heavily armed bands.  In reaction to the defense of their lands, COMUNDICH communities are under constant attack.  Over the past 10 years seven COMUNDICH leaders have been murdered, and in May of 2017, seven indigenous leaders organized in COMUNDICH were arrested, and remain wrongly imprisoned. While the extreme levels of malnutrition and the area’s importance as a border region have made the Cho’rti region a focus of the Alliance for Prosperity, Cho’rti communities explain they are not a part of the development plans and fear it will only deepen poverty by reinforcing illicit landholders interest in their lands.

Since 2012, the Guatemala Human Rights Commission has presented the annual the Alice Zachmann Human Rights Award to human rights defenders in Guatemala.  The Alice Zachmann Human Rights Award recognizes commitment to promoting respect for human rights, even when confronted by threats and violence. This award aims to protect human rights defenders at risk of suffering acts of violence and other attacks, and honors the legacy of Sister Alice Zachmann who founded GHRC in 1982, and directed the organization tirelessly over 20 years.

 

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Private security group kills 1, evicts 18 families in central Guatemala

On November 3 in the Alta Verapaz region of central Guatemala, 18 families were violently displaced from the Semuy community in the Cahabon municipality. According to a verification mission of human rights defenders from the United Committee of Campesinos (CUC) nine armed private security guards stationed just outside the community had been intimidating the community on behalf of a property manager.

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Two weeks later, on November 20, the families were attacked again by armed private security guards contracted by the company Trece Aguas. At around 6 pm the guards captured 54-year-old Erwin Che and threatened him — eventually the family members were able to free him. At 11 pm a group of men returned, surrounded the community and opened fire for 30 minutes. In the attack Ricardo Maquin was severely injured and Emilio Toc was killed.

According to testimony from locals, a worker for Trece Aguas, Javier Choc, led the raid. In the days prior, Choc had apparently offered between Q60 and Q80 Quetzales to those willing to intimidate and attack the families.

The CUC has called for an immediate investigation into these actions

CUC has reported several other killings and attacks of land rights defenders in recent months. According to CUC, Eugenio López López, 72-years-old was killed on June 23, 2017 in Quetzaltenango, by the Campollo y Quintanal families, owners of the San Gregorio Piedra Parada farm.

On August 9 campesino leader José Aroldo Orozco from the La Montañita community in the Ayutla municipality of the San Marcos department was murdered. He had allegedly been trying to regain land that had been taken from families and had just won a case in his favor.

These reports are in addition to several others detailing violent attacks, threats, and illegal detentions.

Protestors killed, attacked during strike

On November 7th and 8th, the Committee for Campesino Development and the National Coordinator of Campesino Organizations held a two-day national strike to protest President Jimmy Morales, forced evictions, corrupt officials, and violations of human rights.

CODECA

Their protest was met with violence and legal action — the director of the strike was killed while another member of the group was run over with a vehicle and is now in serious condition. The Coordinating Committee of Agricultural, Commercial, Industrial, and Financial Associations (CACIF) has filed a complaint against the group, amounting to a criminalization of their protest.

Here is a press release from CODECA condemning these acts:

Increased Persecution, Attacks, Defamation and Criminalization Against People that Demand Rights and Reject Corrupt Officials 

On November 8,  communities and organizations that are part of The Committee for Campesino Development (El Comité de Desarrollo Campesino — CODECA) and the National Coordinator of Campesino Organizations (Coordinadora Nacional de Organizaciones Campesinas — CNOC) continued their second day of national strike to demand:

  • Resignation of government cabinet and deputies due to their corruption and inability to govern.
  • Investigation into mayor Capitalino Alvaro Arzú over the death of Monsignor Gerardi and the irregular deliveries by the state to corrupt private companies
  • Investigation and criminal prosecution of deputies who seek to obstruct justice using a law that protects criminals which endangers the nation and justice.
  • CICIG and Ministerio Publico investigate companies for their links to organized crime, tax evasion and persecution and criminalization of human rights defenders.
  • Stop the persecution and criminalization of human rights defenders.
  • Attention to campesino families’ land issues and stop evictions that directly threaten peoples’ lives.
The response to our requests has been:

On November 7, 65-year-old Antonio Perez de León was murdered. He was assassinated with a knife when leaving his house at 6:30 AM in the Chichop San Antonio Ilotenango Quiché community. He directed CODECA’s national strike.

On November 8, at 9:30 AM, Vicente Calderon from El Cedro was run over by Carlos Pineda Rosen, who owns the Pineda Rosel company and holds land in Izabal and other departments in Guatemala. The event occurred in Ruidosa de Izabal, where CODECA’s activities were taking place. Vicente is in serious condition and has been transferred to the hospital. It is believed that he will lose both legs because the vehicle destroyed his knees.

Aside from the physical attacks, there has also been a criminalization of protest by sectors of power. The Coordinating Committee of Agricultural, Commercial, Industrial, and Financial Association (Comité de Asociaciones Agrícolas, Comerciales, Industriales y Financieras — CACIF) has filed a complaint against CODECA in the Ministerio Publico for several alleged crimes carried out during the national strike that took place November 7th and 8th. There is no basis for these accusations.

Currently a defamation campaign is being carried out in the media — on television, written, radio and social media —  as well as a campaign of threats against and direct intimidation of several of CODECA’s national, regional and community advocates.
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Y aquí es el comunicado de CODECA en español:

AGUDIZAN PERSECUSION, ATENTADO, DIFAMACION Y CRIMINALIZACION CONTRA EL PUEBLO QUE EXIGE DERECHOS Y RENUNCIA DE GOBERNANTES CORRUPTOS

Hoy 08 de noviembre, las comunidades y organizaciones articuladas en CODECA y CNOC continúan con su segundo día de paro nacional  para EXIGIR ENTRE VARIAS COSAS:

  • Renuncia de gabinete de gobierno y diputados por corrupción e incapacidad de gobernar.
  • Investigación al alcalde Capitalino Alvaro Arzú por la muerte de Monseñor Gerardi y la entrega anómala de bines del estado a manos de empresas privadas corruptas
  • Investigación y procesar penalmente a diputados que pretenden obstruir la justicia  mediante una ley para proteger a delincuentes que pone en peligro a la nación y la justicia.
  • A la CICIG y MP investigar a empresas  por su vínculo con el crimen organizado, la evasión de impuestos y la persecución y criminalización a defensores y defensoras.
  • Parar la persecución y criminalización a defensores y defensoras de ddhh.
  • Atender la demanda de la tierra de las familias campesinas y parar los desalojos que atentan de manera directa  contra la vida.

LA RESPUESTA A NUESTRA PETICION HA SIDO:

El día de ayer, fue  asesinado el compañero Antonio Perez de León de 65 años de edad, él fue asesinado con arma blanca  al salir de su casa a las 6:30 de la mañana en la comunidad  Chichop San Antonio Ilotenango Quiché, el compañero se dirigía al paro nacional convocado por CODECA

El día de hoy, a las 9:30 de la mañana  el compañero Vicente Calderon de la comunidad El Cedro fue atropellado por Carlos Pineda Rosen quien es propietario de la empresa Pineda Rosel y también  es un terrateniente de Izabal y otros departamentos de Guatemala. El hecho ocurrió en el lugar de la actividad de concentración de CODECA en el lugar conocido como la Ruidosa de Izabal. El compañero Vicente ha sido trasladado en estado grave al hospital para su atención. Se cree que perderá sus dos piernas porque el vehículo le destrozó las rodillas.

La criminalización de la protesta por parte de sectores de poder. El CACIF ha puesto una denuncia contra CODECA en el MP señalándonos sin fundamento de varios delitos por el paro nacional del día de ayer y hoy.

Hay una campaña de difamación y criminalización en los diferentes medios televisivos, escritos, radiales y en redes sociales.

Una campaña de amenaza e intimidación de manera directa a varios defensores nacionales, regionales y comunitarios de CODECA.

Guatemala, 8 de noviembre del 2017

700 Guatemalans take refuge in Mexico

Demand the IDB stop driving poor communities from their homes and stop militarizing the Mexico- Guatemala Border
The community of Laguna Larga, from the municipality of San Andres, Peten sought refuge on Friday in the southern Mexican state of Campeche, fleeing in advance of Guatemalan state security forces, reportedly 1000 police and military, on route to evict the community. A Mexican- Guatemala border working group reports that the settlement is experiencing a humanitarian crisis, with acute medical needs compounded by a fear of local authorities. They demand recognition of the families’ right to refuge in Mexico.
Laguna Larga was one of 37 communities situated within the Laguna del Tigre Protected Area, which forms part of the Mayan Biosphere Reserve. An eviction of the community of La Mestiza, comprised of almost 300 families, is currently scheduled for June 14. The order is being appealed.
Lawyers with the Bufete Jurídico de Derechos Humanos have worked with 27 of these communities over the past five years, and have verified that they were established in the area between the 1970s and 1990s. While the Laguna del Tigre Protected Area was declared in 1989, in the early years the population of the Petén was unaware of the designation. They found that communities established in the 1990s came to work with the French petroleum company Perenco, granted a concession to operate in the heart of the protected area, though environmental defenders and communities have long blamed Perenco for extensive pollution.
Concerned about their precarious situation, local leaders created a sustainable development proposal which would allow long established communities to make a sustainable life while protecting of the Laguna del Tigre, a model which has been successfully employed in other areas of the Petén department. This proposal was presented to the Guatemalan government on November 4, 2016, but the government refused to establish a serious dialog, and instead continued to wrongfully criminalize community leaders.
In March 2017 Jovel Tovar, a leader of the community of La Mestiza who spearheaded the effort for dialog, was arrested. Lawyers have been denied access to evidence against Tovar, and have been prohibited from disclosing information about the public trial, both illegal under Guatemalan law. Tovar is charged with clearing land, and his community admits to having cleared 100 out of 43,000 hectares cleared in the Laguna del Tigre in 2016. Communities, environmentalists, and human rights defenders ask why authorities prosecute communities who clear small parcels, while the “narco-ranchers” clear thousands with impunity.
The IADB supports the management of the Maya Biosphere Reserve, including funding of the CONAP agency which promotes the evictions. The IADB is also currently preparing a $100 million “Border Integration Loan” to the implemented by the Guatemalan army along the Mexico – Guatemala Border.

Communities seeking dialog have come into conflict with the Wildlife Conservation Society (WCS), a USAID supported conservation organization, which controls the forest management concession in Laguna del Tigre, and that markets carbon credits through Rainforest Alliance. While WCS has a long history in Guatemala and has successfully promoted partnerships with Petén communities in the past, in the case of Laguna del Tigre, it is reported that WCS has actively pursued the eviction of existing communities within the reserve.

Fisherman killed while protesting river contamination by mining companies

Carlos Maaz Coc was an artisanal fisherman who lived in the community of El Estor on the banks of the Lago de Izabal, the largest lake in Guatemala. On Saturday, May 27, he was shot dead by police in riot gear, while protesting the levels of lake pollution attributed to mining activities in the area. He was 27 and leaves behind his partner and 8 year-old son.

Around midday, the Union of Artisanal Fishermen had blockaded the exit route from El Estor to Panzós, the transportation route to the Fenix Mine used by the local operator Compañía Guatemalteca de Niquel (CGN).

According to the lawyers representing the association, the fishermen had been blocking the highway for two weeks. They were demanding an investigation into the origins of the pollution that threatens their livelihood by contaminating nearby rivers, as well as the lake. They also demanded that the mine be shut down altogether and that measures be taken to curb the existing damage.

Negotiations with authorities were at an impasse but Saturday’s meeting was due to finally bring together the Environment Minister and the union to discuss pollution attributed to mining activities as well as to palm oil processing plant Naturaceites.

“Negotiations with the government authorities were supposed to be renewed last Saturday. But at the last minute they changed the location of the meeting to Rio Dulce, which is 42 kilometers away”, said Victor Maquin of the Defensoría Qéqchi’, the organization representing the association of fishermen. “The fishermen waited for the meeting to take place in El Estor, but the authorities didn´t turn up”. The protesters therefore returned to the blockade.

In the wake of the killing of Carlos Maaz Coc, the government has blamed the breakdown in dialog on CALAS, a renowned human rights and environmental organization, which is an emblematic force in the struggle against illegal mining in Guatemala. But the organization itself has been the object of multiple threats in recent years. Last year, the director’s assistant Jeremy Abraham Barrios was killed and its founder suffered serious injuries following an assassination attempt in 2008. Only last April,12 shots were fired outside the home of Rafael Maldonado, the organization’s director.

 

Struggle for indigenous land rights

 

“The government says that the protesters are delinquents, that they are not representative of our community. But indigenous communities have been protesting mining in this area for decades. It is also an attack on them”, said Victor Maquin from the group of lawyers.

This isn’t the first killing of its kind in El Estor over the Fenix mine. In 2009, security forces representing CGN, then a subsidiary of Hudbay Minerals, a Toronto based mining company, opened fire on a Maya Q’Eqchi’ community leader Alfonso Ich, as well as on German Chub, a student who was playing soccer and is paralyzed from the waist down as a result of his injuries. Mynor Padilla, then CGN’s head of security and a retired coronel, was acquitted in April in a local trial, which began in 2015.

The Polochic Valley has a turbulent history. For decades, indigenous ancestral land indigenous has been disputed by non-indigenous investors.

In 2011, with the support of GHRC and four other organizations, communities of the Polochic Valley filed a petition at the Inter-American Commission on Human Rights (IACHR) over the issue of land tenure in the area. As a result, the IACHR granted protective measures to communities impacted by sugar cane investments not far from El Estor.

Carlos was buried on Monday. It is yet to see whether his name will be added to backlog of cases that remain in impunity in Guatemala.

In the meantime, the Commission Against Impunity in Guatemala, the UN supported anti-corruption mechanism that originally brought the case against Padilla jointly with Alfonso Ich’s widow, intends to appeal the case almost 8 years after the crimes were committed against opponents to the Fenix mine back in 2009.  A lawsuit against Hudby Minerals has also been filed in Canada, where the case may have more chance of an impartial trial.

 

Human Rights Update, May 11, 2017

Constitutional Court Judges Accused of Criminal Misconduct in Rios Montt Trial

On May 10, the Center for Human Rights Legal Action (CALDH) presented complaints of “prevaricato” against Héctor Pérez Aguilera, Roberto Molina Barreto, and Alejandro Maldonado Aguirre, Guatemalan judges who when serving on the Constitutional Court annulled the 2013 trial of Efrian Rios Montt on charges of genocide.  The complaint was filed on the four-year anniversary of the historic ruling in which for the first time in the world a national court condemned a former dictator for acts of Genocide.

According to the CALDH, on May 20, 2013, ten days after the acclaimed ruling, these Constitutional Court judges intentionally sustained an illegal appeals court ruling which in effect led to the annulment of the historic genocide trial.  The ruling was framed as a response to a motion by a defense lawyer; yet in reality, the motion did not exist.  Not only did the judges knowing falsify the facts; they upheld a determination made in relation to an ongoing trial. Guatemalan law only permits appeals after a sentence has been rendered.  Also contrary to Guatemalan law, the ruling ordered the suspension of a trial in progress, a procedure not permitted.

“Prevaricato” is a criminal offense specific to judges and other public officials and is punishable by two to six years in prison.  Similar to “abuse of authority” or “dereliction of duty,” “prevaricato” occurs when a ruling or determination is issued which is knowingly based on false facts or contrary to the law.

This ruling contributed significantly to the denial of justice to the victims of 17 massacres in the Ixil Maya region of Guatemala.  The clear illegality of the Constitutional Court ruling led many to suspect it to be the result of corruption.   Corruption of judges is an issue of great concern in Guatemala. Constitutional Court magistrate, Blanca Stalling, was arrested this February on charges of influence trafficking, and the United Nations sponsored International Commission Against Impunity (CICIG) has compiled a long and growing list of judges referred to as “Impunity Judges,” whose rulings pervert justice and who are suspected to have participated in corruption. A timely and fair prosecution of the charges presented by CALDH would set an important precedent.

 

How the Constitutional Court Judges Illegally Suspended the Genocide Trial

On March 19, 2013, a full courtroom awaited the three-judge tribunal that presided the First Circuit High Impact Criminal Court.  It was an historic day, the first day of the trial of Guatemalan military dictator Efrian Rios Montt on charges of Acts of Genocide against the Ixil Maya.

Observers were surprised as the three lawyers who had represented Rios Montt throughout pretrial proceedings got up and left, leaving only Francisco Garcia Gudiel. Though one of many lawyers employed in defense of the former military dictator, he had not been present in pre-hearings.  After he presented the opening arguments, the proceedings took a strange turn.  He began addressing the judges in increasingly hostile and loud terms, while claiming he had a conflict of interest with two of the judges.

Guatemalan law dictates that if lawyers have a conflict of interest with a judge the lawyers must recuse themselves from the proceedings.  However, after initiating defense, Garcia Gudiel demanded that the judges recuse themselves based on the assertion that Garcia Gudiel was enemy of the President of the Court Jasmine Barrios and a friend of Judge Pablo Xitumul.

When Judge Barrios rejected his petition, Garcia Gudiel began shouting at the judges, forcing Judge Barrios to expel him from the court.  She assigned a lawyer already present in the court to defend Rios Montt for the remainder of the day, a lawyer representing Rios Montt’s co-defendant Jose Mauricio Rodriguez Sanchez, Chief of Intelligence during the genocide. The following day Rios Montt’s defense team reappeared.   Garcia Gudiel later presented a written unconstitutionality motion to the Third Court of Appeals, claiming that Judge Barrios had refused to rule on an oral motion he had presented requesting review of the ruling to expel him from the proceeding.  CALDH notes that three times during the course of the trial Judge Barrios gave the opportunity for Rios Montt’s defense to request review of the expulsion.

The trial proceeded and on April 19 the last witness was being heard, when Judge Barrios was notified of a ruling from the Third Court of Appeals ordering the suspension of the trial.  The Third Court of Appeals had initially rejected the Garcia Gudiel’s unconstitutionality motion, reasoning that a ruling on Garcia’s expulsion would not change the ongoing proceedings of the court.  But on April 18 the court issued a second ruling, this time in response to a motion that had not been presented.   While Garcia Gudiel claimed his petition to review his expulsion from the court had not been reviewed, the Third Court of Appeals falsely claimed Garcia Gudiel had also presented a motion asserting that he had requested that the judges review their decision to not recuse themselves, but they had not reviewed that decision.

Knowing that no court can suspend a trial mid-proceedings, Judge Barrios resolved to continue the trial until the Constitutional Court reviewed the Appeals Court ruling.  On May 10, the First Circuit High Impact Criminal Court found Efrain Rios Montt guilty of ordering Acts of Genocide.  Ten days later, the Constitutional Court upheld the Third Court of Appeals ruling, and ordered that annulment of all proceedings after the April 19th notification.

This Constitutional Court ruling was interpreted as in effect the annulment of the trial. Lawyers at CALDH, the representatives of the victims of the genocide argue that given the gross illegality of the Constitutional Court decision it is inapplicable, and thus the verdict finding Efrain Rios Montt guilty of genocide is still in effect.

Rios Montt and Jose Mauricio Rodriguez Sanchez continue under house arrest awaiting trial.  Lawyers defending the 90 year-old Rios Montt, now excused from attending the Dos Erres massacre case as a result of his alleged dementia, continue to use delay tactics to stall the case, which had already taken 12 years to reach the 2013 trial.

April Human Rights Update

CALAS Legal Director Threatened – A leading environmental attorney was threatened by gunfire on April 26.

Rios Montt to be Tried for Dos Erres Genocide – On March 31, the Guatemalan court ruled that the 90 year-old former dictator is not required to attend the trial, arguing dementia.

Kaibil Deported for Dos Erres Prosecution – After six years in immigration detention in the US, the sixth man out of 17 wanted for participation in the massacre of more than 250 men, women, and children was ordered to stand trial on April 10.

Life Sentence of Police Chief Sperisen Sustained – Swiss courts ruled on April 3 against an appeal by Sperisen after his boss, Carlos Vielmann, was absolved in Spanish courts.

Judge Subject to Judicial Harassment – Norwegian jurists expressed concern on April 3 about the harassment of Guatemalan Supreme Court justice Maria Eugenia Morales Aceña.

Police Absolved in Mack Investigator’s Murder – Four officers were acquitted on April 4 of the 1991 murder of the officer charged with investigating anthropologist Myrna Mack’s 1990 murder.

Officials Charged in Shelter Fire – Government officials were charged on April 4 with abuse of minors and culpable homicide stemming from a March 8 fire that killed 41 girls in State protection.

HudBay Mine Security Chief Acquitted of Murder – A retired colonel acting as security chief whom eye witnesses claim shot a local teacher opposed to the mine was acquitted on April 6.

SouthCom Supports Buildup on Guatemala-Mexico Border – While Defense Ministry officials in April promised to remove 4,500 soldiers from civilian policing, they are being moved to patrol the Mexico-Guatemala border with SouthCom.

Residents Protest Dam in Retalhuleu – Dam neighbors blocked a road in Asintal on April 6, protesting contamination of their river.

Guatemalan Wins Goldman Prize  — On April 24 award organizers announced Rodrigo Tot was being recognized for leading his community in recovering a land title a CGN nickel mine had claimed.

Protesting Students Run Over – Eleven high school students demanding the removal of a teacher accused of sexual abuse and administrators who covered it up, were run over. One was killed.  Protesters claimed legal complaints were ignored because of corruption.

 

CALAS Legal Director Threatened

On April 3, men on a motorcycle fired eight to twelve shots at a car parked across the street from the house of Pedro Rafael Maldonado Flores, who works for the Center of Legal, Environmental, and Social Action (CALAS). The organization promotes the participation of communities and the respect for the collective rights of indigenous peoples in relation to environmental concerns. Maldonado Flores is the legal, political, and environmental coordinator of the center. Among other cases, CALAS has been working on a case presented by seven men against Tahoe Resources, Inc., a Canadian mining company that has been implicated in serious abuses against Guatemalans resisting the imposition of mining.

A Court of Appeals in British Columbia ruled in February that the men’s complaint could proceed through the Canadian court system. The  seven Guatemalan men filed a lawsuit in Canada against Tahoe Resources seeking damages for injuries suffered during a shooting outside the company’s Escobal silver mine in April 2013. They allege that they were injured when Tahoe’s security personnel opened fire on them during a peaceful protest against the mine over concerns about its potential impact on their water supply and the lack of meaningful consultation with the community about the project. Maldonado Flores has faced intimidation, attacks, smear campaigns, threats and judicial harassment in the past. CALAS staff member Jeremy Abraham Barrios Lima was shot and killed last November by two assailants on a motorcycle.

In January 2016, Maldonado Flores was targeted by Fundación Contra el Terrorismo (Foundation Against Terrorism), an organization comprised of former army personnel, multinational companies, and other groups. The organization filed charges against him for crimes such as discrimination, threats, aggravated theft, coercion, incitement to crime, and conspiracy, and the case was accepted. In November 2015, he received death threats via his Twitter account. The threats were followed by an attack on the headquarters of CALAS in July 2015, when a gunman riding a motorcycle fired a number of shots outside the offices of the organization. In response to the recent act of intimation, in late April Rafael Maldonado asked magistrates of the Court of  Constitutionality to order the court to take up his case again regarding death threats made against him. An interview of Maldonado Flores, conducted by the Business and Human Rights Resource Centre, can be found  here. Full information on intimidations suffered by CALAS staff is here.

 

Rios Montt to be Tried for Dos Erres Genocide

On March 31, a Guatemalan court ruled that former military dictator of Guatemala (1982-83), retired General Efrian Rios Montt, will again stand trial for the charge of genocide, this time in relation to a massacre in early December 1982 in the town of Dos Erres, La Libertad, Peten.  While forensic anthropologists identified the remains of 162 victims in a 1994 exhumation, the Inter American Court in a November 2009 ruling identified the minimum number of killed to be 216 named individuals.

Rios Montt’s lawyers argued that the ninety-year-old defendant was incapable of standing trial because he suffers from dementia.  The judge ruled the trial will occur with the special accommodations that he is not required to attend the trial and, if found guilty, will serve the sentence from his home or a hospital.

Rios Montt is already under house arrest as he awaits a retrial of the Ixil genocide case.  The former dictator was found guilty in that case on May 10, 2013.  Ten days later the Supreme Court sustained an internationally condemned ruling by a lower court whose jurisdiction at the time of the ruling is questioned.  That ruling annulled the 2013 trial and returned the process to an earlier moment in the procedure.  Thus, Rios Montt has been under house arrest ever since awaiting a second trial.

 

Kaibil Deported for Dos Erres Prosecution

On April 10, a Guatemalan court determined that former Kaibil Santos Lopez Alonzo will stand trial for participation in the Dos Erres massacre.  Lopez Alonzo was deported on August 10, 2016 from the United States after being detained on immigration charges in 2010.  Two other former Kaibiles, Gilberto Jordán y Jorge Sosa Orantes, are currently serving 10-year sentences in the US for immigration fraud, convicted of hiding their participation in the crimes during their citizenship applications.   Pedro Pimentel Rios was deported from the United States in July 2011.  He was convicted by a Guatemalan court for crimes during the massacre and sentenced to 6060 years in prison on March 12, 2012.  On August 2, 2011 four former soldiers, Manuel Pop Sun, Reyes Collin Gualip, Daniel Martínez Mendez and Carlos Antonio Carías López were found guilty, the first three sentenced to 6,060 years in prison and Carias Lopez to 6.066 years.

 

Life Sentence of Police Chief Sperisen Sustained

On April 3, Swiss courts rejected an appeal of the life sentence former Guatemalan police chief Erwin Sperisen received  in June 2014, after being convicted of participating in the extrajudicial killings of three escaped  inmates in 2005 and seven inmates in 2006.  Sperisen, a dual Swiss and Guatemalan citizen, fled an arrest warrant in Guatemala but was eventually arrested in Switzerland.  Swiss law prevented his extradition to Guatemala, so he stood trial in Switzerland.  The recent appeal was presented after a Spanish court acquitted  Carlos Vielmann  on March 15 of  participation  in  the same crimes.  Vielmann, who served as Minister of the Interior under president Oscar Berger, was Sperisen’s immediate superior, and as a dual Spanish and Guatemalan citizen, could not be extradited to Guatemala.  A third man, Javier Figueroa, who had been charged in the same crimes in Guatemala, fled to Austria, but was found not guilty in a 2013 trial.  On August 8, 2013 a police commander, Victor Hugo Soto Dieguez, was found guilty   of the killing of prisoners, and many more have been implicated.

  

Judge Subject to Judicial Harassment

On April 3, Norwegian judges and the International Commission of Jurists expressed support for Guatemalan Supreme Court justice Maria Eugenia Morales Aceña, who is being subject to wrongful prosecution. The prosecutions stems from  Morales Aceña’s attempt to present a complaint to the Special Prosecutor Against Impunity for illegalities in a ruling in which justices attempted to protect former president of Congress Luis Rabbe from prosecution.  Rabbe has managed to avoid arrest on corruption charges by fleeing to Nicaragua. The congressional leadership committee he provided salaries for up to 180 phantom jobs. Rabbe served as vice president of Guatemala under FRG party president Alfonso Portillo (2000-2004).

 

Police Absolved in Mack Investigator’s Murder

On April 4, 2017 judge Pablo Xitumul absolved four former police officers of involvement in the 1991 murder of the police investigator in charge of the investigation into the 1990 murder of Guatemalan anthropologist Myrna Mack.  Police officers Julio David López Aguilar, José Miguel González Grijalva, Alberto Encarnación Barrios Rabanales, and former police commissioner Martín Alejandro Mejía were all absolved, though the sentence has been appealed.  Military Sargent Noel de Jesús Beteta was convicted as the material author of Myrna Mack’s murder in 2002.

 

Officials Charged in Shelter Fire

On April 4 prosecutors formalized charges of abuse of authority, culpable homicide, abuse of minors, and dereliction of duty against three officials for crimes related to the March 8 fire in the Hogar Seguro shelter, in which 41 girls died. The officials charged are Secretary to the President Carlos Rodas, ex-assistant secretary Anahi Keller, and Hogar Seguro Director Santos Torres.  Fifty-six girls had been locked into the facility and were thus unable to escape. Police in the shelter reportedly refused to release the girls even after the fire started. The center was renowned for abuse, rape, and murder. The Hogar Seguro shelter for girls is run by the State of Guatemala.  Thirteen girls went missing after the fire, and as of April 4 were still missing.

The fire began when one of the girls set fire to a mattress to protest the fact that they had been locked in to a school room for many hours as punishment since having tried to escape the home the previous day. Dozens of girls had reportedly participated in the escape attempt on March 7, apparently in protest over family visit schedules, the food provided, and situations involving abuse, mistreatment, and sexual violence against them. The shelter, located in San José Pinula, 15 miles south of Guatemala City, had become notorious for abuses of its residents.  Last year, according to an article in the New Yorker, a family-court judge found that the home’s practices, which included punishments that amounted to torture, violated children’s human rights. The judge ordered that improvements be made, but the order was ignored.. Nine survivors of the fire are being treated in the U.S., in Galveston, Texas, at a special center for children.

The Inter-American Commission on Human Rights (IACHR) has issued precautionary measures on behalf of the remaining residents of the center. The IACHR has called on the Guatemalan government to investigate what happened and why, with all due diligence and without del   ay, and to take urgent steps to ensure that such events do not happen again. It has also asked the government to provide care to those who suffered serious burns or other physical or psychological injuries as a result of the fire, and to immediately implement all necessary actions to guarantee the rights of all the children and adolescents at the institution while the government takes effective steps to encourage their reintegration into their families, whenever possible and with any necessary support, or to identify care alternatives that provide greater protection. According to the Guatemalan daily El Periodico, Guatemala’s Human Rights Ombudsman, Jorge de León Duque, had requested precautionary measures on behalf of the center’s residents last year.

 

HudBay Mine Security Chief Acquitted of Murder

On April 6, judge Ana Leticia Peña Ayala acquitted former Colonel Mynor Padilla of culpable homicide in the 2009 murder of Maya Kekchi community leader and teacher Adolfo Ich.  Further, Judge Peña Ayala ordered the investigation of Ich’s widow and other victims and witnesses.

Padilla had been chief of security for the CGN/ HudBay Nickel Company, whose operations Ich had opposed in the Keqchi Maya region of Panzos.  Ich was killed on September 27, 2009. Witnesses said Padilla as had intentionally shot Ich and injured eight others during a spontaneous protest in response to government harassment of the Las Nubes community.

While there are no jury trials in Guatemala, three- judge panels oversee trials of serious charges.  In this case, though witnesses described an intentional murder, the Public Prosecutor’s office charged Padilla with simple culpable homicide, a lesser offense.  The lesser charge meant that the entire decision rested with just one judge.  The independence of the proceedings had long been questioned.  On February 8, 2016 judge Peña Ayala closed the proceedings to the public.  The decision to close the proceedings came just days after a petition made by the victims to recuse the judge based on racial discrimination had been rejected.  In 2014, victims denounced that Padilla had threatened the m in court.  The United Nations-sponsored Commission Against Impunity (CICIG) has participated since 2014 in the prosecution of the case.  It is expected that CICIG and the Public Prosecutor will appeal the judge’s recent decision.

Victims of the September 27, 2009 shooting, together with indigenous women who testify they were raped by CGN/ HudBay security forces, presented a civil suit against HudBay in Canada, and on July 22, 2013, a Canadian court ruled to allow the Guatemalans to sue in Canada, a precedent-setting case.

 

SouthCom Supports Buildup on Guatemala-Mexico Border     

General Juan Manuel Perez Ramirez, Chief of the Joint Chiefs of Defense of Guatemala, announced that the US Southern Command would assist a newly created joint Mexico-Guatemala military task force in patrolling the Mexico-Guatemala border. This announcement comes as the Inter-American Development Bank is structuring a $100 million-dollar Mexico—Guatemala border integration loan , which will be coordinated by the Guatemalan Minister of Defense. Soldiers will be drawn from forces currently working in citizen security. On April 6, Guatemala’s military spokesman announced that by April 30, half of the 4,500 soldiers working in citizen security would be withdrawn, and the remaining will be withdrawn by January 1, 2018.  On April 17, the military confirmed that soldiers currently acting as public security forces in 30 municipalities would be reduced to 11 municipalities.  As Defense MinisterWilliams Mansilla made clear in a March 30 statement, the military will gradually relocate soldiers assigned to citizen security to patrolling the borders.

 

Residents Protest Dam in Retalhuleu

On April 6, residents surrounding the El Asintal dam in Retalhuleu blocked the Southwest Highway at kilometer 194.5 to protest the negative impacts they have experienced as a result of the dam construction, particularly the contamination of the river.  The community had opposed the dam during its construction.

 

Guatemalan Wins Goldman Prize

Q’eqchí indigenous leader Rodrigo Tot, of the Lote 9 community in El Estor, Izabal, has been awarded the Goldman Environmental Prize for South and Central America. The award, announced April 24, recognizes his achievement and that of the Q’eqchí people in the recovery of the title to land they have been living on for many years. Their ownership of the land had been disputed for decades by the Guatemala Nickel Company. Since 1989, the Goldman Prize has been awarded to five environmental defenders each year in different parts of the world.

 

Protesting Students Run Over

Around noon on April 26, thirteen high school students protesting outside their school on the Calzada San Juan in Guatemala City were injured when a car broke through the ranks of high school students and ran over a number of them, catching them under its wheels. Eleven students were hospitalized, including nine boys and two girls. One of the girls, a fifteen-year-old Brenda Domínguez, died of heart and lung complications after undergoing surgery in which an arm and a leg were amputated. The vehicle involved was found abandoned in a public parking lot on 12th Avenue A in Zona 7 of Guatemala City. Jabes Meda Maldonado, the twenty-five-year-old driver, has been arrested. A video on a local news site shows that Meda Maldonado attempted to plow through the line of students. The students, who attended the National School of Commercial Sciences, had vowed not to move until representatives of the Ministry of Education came to the school to respond to their demands. The students were reportedly demanding the resignation of the school’s director. The Survivors Foundation (Fundación Sobrevivientes) has announced that it will seek co-plaintiff status on the case against the driver when the driver is located and arrested.  The foundation’s legal representatives, Rodolfo Díaz, said in a press conference that in the videos a clear intent to harm is evident, and the driver should be charged with homicide.