Guatemalan News: November 27 – December 2

Guatemalan woman dies in Immigration and Customs Control Service (ICC) custody in Arizona

A 36 year old Guatemalan woman died after suffering convulsions in the Eloy detention center in Arizona, a privately managed facility where 15 migrants have died since 2004.  She had been placed in the facility on November 23, and was awaiting deportation.

Transleader and activist murdered in her home

Sulma Alegría Robles (also known as Evelyn), trans leader and activist, was found murdered in her home on November 18 with signs of torture and physical violence. Sulma was a beneficiary of precautionary measures granted by the IACHR for risk of systematic attacks, threats and violations for defending human rights. The murder of Sulma demonstrates the state of Guatemala failing to fulfill its duty to protect its life and physical integrity, and a case of targeted violence against the LGBTQ community.

Mayan elders go to Standing Rock to show solidarity

Mayan representatives from the Mam and Ixil peoples of Guatemala have travelled to Standing Rock in the Dakotas, in solidarity with the Sioux Tribe in defense of the land, territories, environment, sacred sites and all natural elements.

Angelica Choc, Mayan Q’eqchi’ human rights defender suffers intimidation

As GHRC we manifest our concern before the intimidation that Angelica Choc suffered on
the night of September 16, when unknown persons shot at her house several times.

Via Rights Action: ¨Just after midnight, Friday September 16, 2016, shots were fired at the home of Angelica Choc, a Mayan Q’eqchi’ human rights leader and community defender in El Estor, department of Izabal, Guatemala, while she slept inside with her youngest son and an adopted daughter.¨

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GHRC reaffirms solidarity and support for congresswoman Sandra Morán

We reaffirm our solidarity and support for congresswoman Sandra Morán before the attacks against her and we add our voice to the national and international statements that in recent days have been made.

We congratulate her on a lifelong trajectory of working in defense of the rights of women, from her leadership roles in civil society and now in Congress. She stood against misogynistic and defamatory attacks and was elected as the President of the Board of the Parliamentary Forum of Women.

 

Guatemala News Update: April 3-23

Justice

Update: Rios Montt Genocide Case

The Guatemalan court hearing the case against Rios Montt will be moved to Santa Maria Nebaj in western Guatemala for three days to hear 15 elderly witnesses who are too unwell to travel to the capital. They will testify on the murders, displacement, and the burning of their fields that occurred during the civil war.

Guatemalan Congressman tied to war crimes

BaudilioHichos, who was a member of the Guatemalan Congress for 25 years, has been linked to a “white van unit.” These units, also known as “white van” death squad, were tied to Guatemala’s Treasury Police during the Guatemalan civil war. These units were used to disappear citizens at all hours of the day, and became a form of psychological terror. Hichos spent approximately 12 years as a part of the Treasury Police.

Suspension of Molina Theissen Case

The intermediate-stage hearing scheduled for April 19 in the Molina Theissen case, an emblematic case GHRC and international partners have been closely monitoring. Yet it was suspended by the presiding judge before it began. As the trial was set to begin the judge stated she had processed an appeal filed by one of the accused, Letona Linares, challenging a prior ruling from March 1, 2016 denying application of the National Reconciliation Law (“amnesty law”). In sharing her decision, she said that although the law required the hearing to move forward, she considered it necessary to suspend the opening of the hearing to avoid later rulings that could force the repetition of previous stages of the trial. The judge’s decision allows for more delay tactics which violates the right to access to justice for the victims of serious human rights violations, and was immediately denounced by the Molina Theissen family.

Land & Water Rights

March for Water

The Popular and Social Assembly planned a march in defense of water, drawing hundreds of supporters, which began on April 11thin Tecún Umán, San Marcos and will conclude on Earth Day, April 22nd, in Guatemala City’s Constitutional Plaza. The objectives of the march, as stated by the Quetzaltenango Maya K’iche’ Council are to demand the return and protection of the rivers, lakes, lagoons, and coastal areas from economic purposes, fortify their fight in defense of water, denounce criminalization and political persecution of water rights defenders, and raise awareness among the Guatemalan public on these issues.

Lawsuit against Canadian mining company to move forward

Thousands of documents will be handed over to the lawyers of numerous Guatemalans whom have filed negligence Margarita Caal Caal who along with 10 other women from her village were reportedly raped in 2007 when being evicted from her land by men saying that the land belonged to a Canadian mining company. The lawsuit, filed in Canada against Hudbay Mineral, Inc, is the first of its kind since previously Canadian courts have claimed to not have jurisdiction over cases where the incident occurred in another country. In addition to the claims of rape, Hudbay is also facing claims over the death of local leader Adolfo IchChaman and the shooting and paralysis of a bystander German Chub in 2009.

Dam threatens to displace communities in Mexico and Guatemala

60 communities from both sides of the Mexico-Guatemala border are opposing a hydroelectric project that would potentially displace those communities. The Boca del Cerro dam is just one of five hydroelectric projects planned for the Usumacinta River which runs between the two countries.

Guatemala called on to suspend the granting of mining licenses

On April 7, environmental analysts from the US, Chile, Costa Rica, El Salvador, and Guatemala reported on Guatemala’s extractive industries and called on Guatemala to stop awarding mining licenses as well as begin consultation processes to determine how best to regulate the industry. The study shows that due to legal and institutional weaknesses, the Guatemalan government “runs the risk that the holders of mining titles will not assume their responsibilities” and public money and resources will have to be used to finance the expenses of mine rehabilitation and closure.

14 accused of forcing farmers to sell their land

In early April, 14 people were arrested on suspicion of forcing poor farmers to sell their land at cut-rate prices. Approximately 28 farms were bought in this way and then resold at market prices. This land had originally been given to the farmers as part of the 1996 Peace Accords.

1 killed in tunnel collapse at Marlin mine

On April 14, a tunnel collapsed inside Goldcorp’s Marlin mine. Originally reported as missing and likely trapped underground, 26 year old Jaime Lopez has since been reported dead. The National Coordinator for Disaster Reduction, David de Leon, has assured that the accident occurred to seismic activity and the rescue teams had followed all rescue procedures. A family member of one of the miners said the managers of the mining company took away their cell phones so they wouldn’t publicize the incident.

Indigenous Rights

UN Meets with Jimmy Morales over Indigenous Issues

Indigenous leaders are meeting with the United Nations this week to plan a meeting on global indigenous issues.

President Jimmy Morales has a poor record on indigenous rights issues, having mocked them in his past occupation as a comedian and his failure to halt large scale extraction projects and agriculture that lead to indigenous displacement.

Nevertheless, sixteen representatives from indigenous communities around the world met with leaders like President Morales and to discuss issues important to indigenous groups, such as cultural, social, and economic rights, as well as education, health and the environment.

Protests continue in Guatemala over lack of changes

President Jimmy Morales took office almost 100 days ago on a platform calling for change in corrupt practices, however Guatemalans claim that they have seen little changes in administrative practices. This comes in addition to the Observatory of Guatemala’s Indigenous Communities claimed that the new government under Jimmy Morales was “racist,” “discriminatory,” and “aimless.” They stated that they had seen “100 days of political backsliding and 100 days of growing corruption and poverty.”

Corruption

President Jimmy Morales requests extension of CICIG

Guatemalan President Jimmy Morales requested an extension of the anti-corruption body, the International Commission Against Impunity in Guatemala, this week on his first visit to the United Nations in New York. While the mandate had already been extended by former President Otto Perez Molina (ousted due to corruption charges last year) to last until 2017, President Morales’s new request stretches the Commission’s mandate until 2019.

Ex-President Otto Perez Molina accepted bribes from Spanish Company

The Spanish company, Group TCB, paid the former president and vice president of Guatemala approximately $25 million in bribes in exchange for securing a 25 year contract for building and managing a new port terminal. While the president stated that Group TCB offered the best deal for the country, there were no competing bids. These charges will be added to those that the former president and vice president are facing for their involvement in the customs corruption scandal known as La Linea, or the Line. Other government officials who were in office during Perez Molina’s presidency have also been linked to the corruption scandals.

 

2 Found Guilty in Historic Sepur Zarco Sexual Slavery Case

On Friday, February 26, 2016 Judge Jassmin Barrios read a summary of the verdict in the historic case of sexual and domestic slavery against Maya Q´eqchi´ women in 1982-83.

The Guatemalan court found both Colonel Esteelmer Reyes and Military Commissioner Heriberto Valdez Asij GUILTY of Crimes Against Humanity for abuses that include sexual violence, sexual slavery, domestic slavery, and cruel and degrading treatment, and sentenced them to 30 years in prison.

Additionally, the court found Reyes guilty on murder charges, adding 90 years to his sentence, 30 years for each of 3 victims. The court also found Asij guilty of enforced disappearance, adding 210 years to his sentence, 30 years for each of 7 men. In the parallel civil process for economic reparation, the men were ordered to pay indemnization to the victims and their families.

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The trial took place over four intense week of testimony of survivors and expert witnesses, who detailed the pattern of military operations in the area, and the lasting impacts of the violence suffered by the women.

“The day of the sentence was so important for justice in Guatemala,” said Dania Rodriguez, GHRC’s representative in Guatemala who observed much of the trial. “The verdict was to be read at 4pm, but some people began waiting in line hours before to ensure they could be present in the courtroom.”

As Judge Barrios read the sentence, a palpable silence fell over the crowded room. She detailed the violence the women suffered, reiterating their innocence, and explaining the evidence that confirmed the command responsibility of the two accused.

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“This isn’t only about the victims,” the sentence concludes, “but about all of society. These acts should not be repeated.”

When the judge finished reading, a moment of silence hung in air, before the room erupted in applause, and chants of “Justice.”

“We all felt the gravity of the moment, the long-awaited response of the justice system for these brave women,” said Rodriguez.

The following week, on March 2, the court heard arguments for reparations. Colonel Reyes was ordered to pay a total of 5.5 million Quetzales ($732,700 USD) to the 11 women. Military Commissioner Valdez Asij was ordered to pay a total of 1.7 million Quetzales ($226,500 USD) to the families of the 7 men who were disappeared.

The court also ordered the sentence be translated into 24 Mayan languages, that information about the case be included in school curricula, that monuments be built to honor the women who suffered sexual violence by the army, and that the Defense Ministry give trainings on human rights and violence against women.

GHRC celebrates this important ruling and reiterates our solidarity with the brave women who came forward to tell their testimonies.

Relatos del Tribunal: La primera semana de audiencias del caso Sepur Zarco

Por Dania Rodríguez*

[Read in English]

El camino de la justicia para las mujeres q’eqchí, sobrevivientes de violencia sexual y doméstica en el destacamento de Sepur Zarco finalmente ha llegado al inicio del debate oral y público el 1 de febrero de 2016. Los acusados, detenidos en 2014, son el Teniente Coronel Esteelmer Francisco Reyes Girón y el comisionado militar Heriberto Valdez Asig.

Los delitos que el Ministerio Público y abogadas querellantes probaran en contra de los acusados son, en el caso del teniente Coronel Reyes: delitos de deberes contra la humanidad en su forma de violencia sexual, esclavitud sexual y doméstica en contra de 11 mujeres; asesinato de tres mujeres (madre y dos hijas) y tratos crueles en contra de dos niñas. Para el comisionado militar Valdez: desaparición forzada de seis hombres, esposos de seis mujeres víctimas y delitos de deberes contra la humanidad en su forma de violencia sexual en contra de una mujer. Para ello se presentaran peritajes antropológicos, históricos, sociológicos, militares y testimonios de las mujeres víctimas y sobrevivientes y de otras personas que presenciaron los hechos. Continue reading

International organizations applaud the initiation of the Sepur Zarco trial

[Abajo en español]

International organizations applaud the initiation of the first trial for sexual slavery and violence during the armed conflict in Guatemala: the Sepur Zarco Case

Guatemala, Washington D.C. and San José, February 1, 2016.- Today the trial begins in the “Sepur Zarco” case of acts of sexual violence and domestic and sexual slavery committed from 1982 to 1986 by members of the Guatemalan army against Maya Q’eqchi’ women and the forced disappearance of several men. The accused in the case are former soldier Esteelmer Francisco Reyes Girón and former military commissioner Heriberto Valdez Asig.

This will be the first time in the world that a national court has tried a case of wartime sexual slavery case – other cases have been heard in international criminal tribunals – and the first time in Guatemala that crimes of sexual violence have been tried as international crimes. “The Guatemalan judicial system has been a pioneer in investigating complex crimes, demonstrating to other countries that confront similar challenges that it can be done,” stated Leonor Arteaga, a program officer with the Due Process of Law Foundation (DPLF). Continue reading