Guatemala News Update: November 9-15

Peasant farmers march for major reforms

On Wednesday, thousands of people from 20 departments marched for reforms concerning land and energy in Guatemala. Organized by the National Committee of Peasant Farmers, the marchers demanded land reform, nationalization of electricity, and a halt to mineral exploitation in their communities. In total, about 40,000 people participated, and the march lasted for seven hours. Smaller protests were also registered in other parts of the country.

Further delay in Ríos Montt trial

The First Board of Appeals’ Penal Branch cannot yet determine the merits of the final judgment made by the Constitutional Court regarding whether Decree Law 8-86 for amnesty applies to Efrain Ríos Montt. The Constitutional Court must send the document to the Supreme Court of Justice, which will then be sent on to the First Board. After the First Board receives the document, it will have five days to answer the Constitutional Court’s question on amnesty.

In an opinion piece for Al Jazeera, Lauren Carasik expresses concern for the likelihood that these delays will allow Montt to avoid justice and incur financial and emotional costs for the victims, witnesses, and lawyers. She also discusses the illegitimacy of possible amnesty as well as the consequences that amnesty would have on Guatemala’s fragile justice system.

News Update: October 28-November 1

Impeding or Furthering Justice in Guatemala

GHRC Assistant Director Kathryn Johnson and George Mason Professor Jo-Marie Burt discuss recent developments in the Rios Montt trial, focusing on how the decision will affect the future of justice in Guatemala.

IACHR affirms need for investigations of genocide

After the Constitutional Court opened the door for amnesty last week, the Inter-American Commission on Human Rights reiterated today the need for a proper investigation of genocide, despite the Amnesty Law, and called on the country to put a stop to obstructions of this investigation. The UN High Commissioner on Human Rights also affirmed that amnesty should never apply to genocide.

Constitutional Court Paves the Way on Rios Montt Controversy

On Tuesday, the Constitutional Court rejected a measure by the Legal Action Center for Human Rights (CALDH) to clarify its ruling regarding the possibility of amnesty for Efrain Rios Montt. Now, the First Chamber of Criminal Appeals will have five days to rule why the application of Decree 8-86, which grants amnesty for crimes committed during the Rios Montt era, does not apply to Rios Montt’s case.

In a related article, Montt’s defense lawyer Francisco Garcia Gudiel discusses the recent request for amnesty in an interview with El Periodico.

News Update: October 19-25

Constitutional Court asks lower courts to reconsider Montt for amnesty

A judicial spokesman for Guatemala’s Constitutional Court told Spanish news agency EFE on Wednesday that a court ruling this week (which has not yet been made public) opens the door to amnesty to former Guatemalan dictator Efrain Rios Montt. According to Prensa Libre, the court decision recommended that the case against Rios Montt be dropped, suggesting that he could be protected under a now-defunct 1986 amnesty law made by Guatemala’s then-military regime. Plaza Publica clarifies that the Court only found that Judge Carol Patricia Flores should assess the extent of the 1986 amnesty decree, but did not endorse it.

In a public hearing at the Constitutional Court on Thursday, human rights Prosecutor Érick Geovani de León Morataya denied that Article 8 of the National Reconciliation Law could apply to charges of genocide. He said that Montt and his defense were attempting to use these protections as a means to stall the process.

Read the GHRC statement on the Constitutional Court ruling here.

Independent news channel attacked

On Saturday, October 19, unidentified gunman shot and killed Viltor Garcia, the bodyguard for Karina Rottman, who heads the independent cable news channel VEA Canal. This channel is known for its criticism of the Pérez Molina administration and allots time to individuals and organizations that oppose the government, touching on issues such as: land rights, resource exploitation, and indigenous and campesino (peasant farmer) movements. Rottman says this was the second attack against her in two weeks. This year, there have been more than 80 attacks and threats against journalists.