Guatemala News Update: March 26-April 1

Genocide Case: Expert Forensic Anthropologist confirms horrors committed

On the 4^th day of the closed-door debates against Jose Efraín Ríos Montt and Jose Mauricio Rodríguez Sánchez,  they listened to the testimonies of  forensic anthropologists who carried out the exhumations in the Ixil area and confirmed the horrible crimes the army committed there against the unarmed civilian population.

Ríos Montt is represented by a third party in the closed-door special proceedings; the Court does not have the power to impose a prison sentence due to Rios Montt’s physical health.

In a recent public statement, GHRC and partner organizations expressed concern about the case and called for the trial against Rodríguez Sánchez to be public.

Judge Gálvez declassifies 8 military plans from the armed conflict

Judge Miguel Angel Gálvez declassified eight plans from the military campaign which were used as strategies during the internal armed conflict between 1983 and 1990. These can now be used in in-progress investigations related to the Military Diary and cases of extra-judicial executions, forced disappearances, and massacres.  Copies of these documents have been given to plaintiff groups including, FAMDEGUA and the Association for Justice and Reconciliation.

CERIGUA: Poverty is worsening in the country

Currently 79.2% of the population in Guatemala is living in poverty, while 46.6% are below the extreme poverty line. This situation principally affects indigenous and rural communities, and, according to CERIGUA, the State has not adequately addressed this issue and in fact there has even been regression on progress on these issues since the start of Morales’ presidency.

Ex-President Otto Pérez Molina’s Hearing Suspended

Judge Miguel Angel Gálvez has suspended the scheduled hearing of the former president due to an appeal from the Attorney General’s Office, and it was not clear when the trial would resume. Both the former president and former vice-president, Roxana Baldetti resigned last year after a corruption scandal involving both came to light. Former Vice-President Baldetti arrived late to the proceedings due to health problems according to her lawyers, and the judge ordered she undergo medical examinations.

Following the March 28^th court appearance, former President Pérez Molina was quoted as stating “I am innocent, and everyone must respect that.” He has also blamed the U.S. Embassy for interfering in the internal affairs of Guatemala through the CICIG.

Guatemala News Update: October 5-9

Appeals court rejects amnesty for Ríos Montt

A Guatemalan appeals court has rejected former dictator Efraín Ríos Montt’s request for amnesty in a trial regarding Montt’s responsibility for war crimes and genocide. Though Montt was recently diagnosed with dementia, he will face a special, closed-door trial in early 2016. Due to his condition, Montt will be represented by his lawyers.

Ambassador Thomas Shannon Visits Guatemala

US Ambassador Thomas A. Shannon, Counselor of the Department of State, traveled to Guatemala City from October 7-9.

In a meeting with President Alejandro Maldonado Aguirre, Shannon reiterated US political and financial support for Guatemala and for the Alliance for Prosperity — a development plan created by the presidents of Guatemala, Honduras and El Salvador, with support from the US. The plan was initially a response to the influx of child migrants in the US from Central America, and Shannon lauded “advancements” in border security as well as in reducing trafficking and child migration. GHRC and partners presented concerns about migration and the Alliance for Prosperity at a congressional briefing on Sept. 16.

Shannon also reiterated the importance of CICIG, stating that the renovation of its mandate was “very important” for the US Congress.

Guatemala to Investigate Who Is to Blame in Mudslide

Guatemala’s public prosecutor’s office is conducting an investigation into who was responsible for a mudslide just outside of Guatemala City that left at least 250 people dead and several hundred missing. There had been warnings of a mudslide for weeks, and throughout the past fifteen years many have occurred.

Guatemala News Update, August 24-28: 100,000 Join Protest in Guatemala City

Thousands Join Protest; Call for Resignation of Otto Pérez Molina

A general strike was called on Thursday, August 27 as an estimated 100,000 people gathered in Guatemala City’s central plaza to call for the resignation of President Pérez Molina, an end to corruption, and postponement of the upcoming elections. Many schools and businesses closed yesterday to allow for participation in the protest, and, in the end, Guatemala’s powerful business lobby — CACIF — also supported the strike.

The protest — the biggest yet in a series of mass mobilizations held over the last 17 weeks — comes just after President Pérez Molina and former Vice President Roxana Baldetti were named last week as the head of “La Linea,” a tax fraud scheme used to defraud the State of what could amount to hundreds of millions of dollars.

Baldetti was arrested on August 21 and is being charged with criminal conspiracy, customs fraud and accepting bribes. Pérez Molina, who has reiterated that he will not step down and has already survived one attempt from congress to strip him of his immunity from prosecution, is also implicated in the corruption network. Once again, Guatemala’s top court ruled on August 25 to accept a petition to repeal the president’s immunity, and the matter now awaits a decision from congress.

“It was incredible to feel the energy of everyone present,” said Dania Rodríguez, GHRC’s interim director of the Guatemala office. “The plaza was filled with families, students, representatives from the government and business sectors, artists, and indigenous authorities from different departments. People began arriving at 8:00 am, with many people staying until after 10:00 pm at night. “

Demonstrators used the space to call for the resignation of the president, holding signs that read “Yo no tengo presidente” (I don’t have a president) and “Renuncia Ya” (Step Down). The Attorney General’s office, the National Council of Bishops and the government comptroller’s office have also urged the president to resign.

“However, others,” Dania explained, “made calls for comprehensive government reform, for the possibility of a transitional government, for reforms to electoral law, and for the postponement of the national elections scheduled for September 6.”

To read more from GHRC Executive Director Kelsey Alford-Jones about concerns around the upcoming elections, click here. The protests were also covered by Democracy Now and were the subject of Al Jazeera’s August 27 episode of The Stream.

Genocide Retrial is Set for Guatemalan Former Dictator

On August 25, judges ruled that the re-trial against Efraín Ríos Montt and Rodriguez Sanchez will move forward. On August 18, Montt was diagnosed with “incurable” dementia — the culmination of a series of psychiatric evaluations that had delayed the trial for weeks and threatened to shut down the case. Despite the fact that Montt is unable to appear in court, a closed-door trial will move forward with witnesses (but will not be open to the public). Judges also ordered that the physician who has been treating Montt be investigated for possible medical negligence and for potentially endangering his life.

Montt’s legal team will represent him in court, and the next hearing is set for January 11, 2016.

Earlier in August, GHRC Executive Director spoke about the case on Latin Pulse radio.

Guatemala News Update: July 27-31

Victory for La Puya: “Communities struggling against mining win major victory in Guatemala”

This Upside Down World article describes the July 15 victory for the environmental movement ‘La Puya’ when Judge Angelica Noemi Tellez Hernandez ruled in favor of the nonviolent community resistance. The judge ordered Kappes, Cassiday & Associates (KCA) to suspend the construction of all infrastructure projects at its El Tambor mine in San Pedro Ayampuc.

Victory for #LaPuya: #Guatemala Court Orders Suspension of Construction at El Tambor mine | @GHRCUSA http://t.co/DMxJmLMQqj

— MiningWatch Canada (@MiningWatch) July 18, 2015

GHRC has been supporting communities through a Change.org campaign, calling on KCA to comply with the court sentence. You can also read more about the court ruling on our blog.

Guatemalan Reporters Subjected to Increased Violence

The Association of Guatemalan Reporters (La Asociación de Periodistas de Guatemala) stated that it condemns the increase in aggression against reporters in the year 2015, and denounced the “constant intent to sabotage their informative work.” The CICIG is aware of the the influx in aggression and has expressed concern about this phenomenon.

La Tribuna

Ríos Montt Retrial Halted Once Again

Rios Montt was ordered on Saturday by a Guatemalan court to be transferred to a national hospital for additional psychiatric observation; the decision rejects a prior medical report conducted by Guatemala’s National Forensics Institute (Inacif) that found Ríos Montt senile, and thus unfit for trial. At the last minute, Montt’s scheduled transfer was blocked by a legal maneuver on the part of his defense attorneys, again halting the proceedings of the retrial for genocide and crimes against humanity.

Read more about the latest developments in the case in Spanish.

Guatemala News Update: July 6-10

Ríos Montt. Photo by James Rodríguez

Ex-ruler Ríos Montt found unfit for trial

Attorneys for Efraín Ríos Montt have requested that the genocide case against him be dismissed after an investigation by Guatemala’s National Forensic Science Institute (INACIF) deemed Montt unfit to stand trial. INACIF released a statement on July 7 declaring that the 89-year-old would not be able to respond accurately to questioning due to his mentally incapacitated state.

Following years of delays, Ríos Montt was convicted of genocide and war crimes in May 2013. The case was celebrated throughout Guatemala and Latin America as the first case in which a former dictator was convicted of genocide in a domestic court. The decision was rescinded 10 days later by the Constitutional Court due to a questionable legal technicality. The retrial was set for January of this year, but additional delay tactics further derailed the case. A hearing is scheduled for July 23, 2015 to determine whether the trial will move forward, although it seems unlikely that the case will proceed.

CICIG Captures Former Minister of Energy and Mines and Former Private Secretary for President Pérez Molina

On July 9, the CICIG announced the arrests of several more public officials on corruption charges including  another individual close to President Pérez Molina — Gustavo Martinez. Martinez is the president’s son-in-law and former private secretary, and has been arrested for alleged influence trafficking. According to the CICIG’s website, Martinez had inserted meetings with various companies into President Pérez Molina’s schedule in exchange for bribes. Former Vice Minister of Energy and Mines, Edwin Ramon Rodas Solares, was also arrested.

Guatemala News Update: June 8-12

Guatemala’s Supreme Court Opens the Door for the Prosecution of Pérez Molina

The Supreme Court has approved for congress to decide whether to remove President Pérez Molina’s immunity from prosecution for possible involvement in the “La Linea” and IGSS corruption scandals. Should Perez Molina be put on trial, his possible prosecution would essentially result in his impeachment. 

The Upcoming 2015 Elections

In this Saturday, May 30, 2015 photo, protesters carry a fake coffin with a effigy of Guatemalan President Otto Perez Molina during a protest to demand his resignation in Guatemala City. (AP Photo/Moises Castillo) (The Associated Press)

A recent poll by Costa Rican firm Borge y Asociados indicates that while conservative candidate Manuel Baldizón is still the favorite to win the upcoming presidential election, comedian Jimmy Morales is gaining support. Morales is seen as an anti-establishment candidate with little ties to Guatemala City, which could benefit him with the recent public outcry over government corruption. Morales is running as a member of the right-wing party, Frente de Convergencia Nacional, which has ties to the military. However, many express their doubt in Morales’ ability to lead as president. He has also recently made controversial comments about the past internal conflict in the country, including his denial that genocide was committed against the Maya Ixil people.

Guatemala News Update: May 25-29

One Year After Violent Eviction, La Puya Under Threat Again

On May 26, almost exactly one year after police violently broke up the peaceful anti-mining blockade at La Puya, approximately 300 police officials arrived again at the site. Police officials claimed that they were responding to an allegation that members of La Puya had illegally detained several mine works — an accusation that community members say is “totally false,” and that a justice of the peace could find no evidence to substantiate.

Police threatened to evict protesters, but lacked the required eviction order to forcefully remove them. While community members have let workers in to the mine and no longer block the road, a contingent of police remain, and a new police camp has been set up on company land right across from La Puya. Read more about recent events at La Puya on our blog.

Vice President Baldetti’s Properties Raided

On May 28, Guatemalan authorities and CICIG officials raided 14 properties associated with former Vice President Roxana Baldetti, whose press secretary has been linked to the tax fraud scandal that resulted in the resignation of several top Guatemalan officials earlier this month. Baldetti resigned on May 8 due to increasing public pressure, although she denies any involvement in the scandal.

Guatemala News Update: January 26-30

Update on the Genocide Case

Guatemala’s National Institute of Forensic Science (INACIF) informed on Friday, January 23^rd that the results of Montt’s latest medical evaluation show irreversible neurological damage caused by osteomyelitis, the disease diagnosed by INACIF only two weeks before. Though the medical results have proven Montt’s grave status, Judge Flores has ordered weekly evaluations to determine if the he will be able to be present at the next court hearing.

The case continues at a standstill, as further complications and delays have arisen due to concerns from both parties regarding the lack of impartiality of the judges. At the beginning of the re-trial, Montt’s team –though having knowledge of the Judge’s academic background for over a year– suddenly accused Irma Jeannette Valdés Rodas of impartiality.

Judge Valdés was forced to recuse herself from the case and this week, lawyers representing victims in the genocide case presented an objection against the head judge of the Appeals Court that will rule on the recusal. The lawyers argue that Anabella Esmeralda Cardona is not impartial due to her in courses and conferences hosted by the military. The trial will be delayed until both motions are resolved.

Other legal objections from the defense are likely to cause further delay and, according to the International Justice Monitor, it is becoming increasingly uncertain that Ríos Montt will face a re-trial.

Updates in the Spanish Embassy Case

Former chief of the Guatemalan National Police, Pedro García Arredondo, who was found guilty of causing the deaths of 37 people during the 1980 attack on the Spanish embassy case, has been transferred to a hospital in Guatemala City. Moisés Galindo, Arredondo’s lawyer, claims the accused has diabetes and that the disease has created complications on a minor foot injury. Arredondo has been granted a legal authorization for temporary stay at the hospital.

Arredondo was also ordered to pay reparations of Q9 million (approximately US$1.2 million) to the victims’ families. The money is to be divided among the families of six of the victims.

Guatemala News Update: December – January 20

Guatemalan Ex-police Official Sentenced in Spanish Embassy attack

The trial against former police official, Pedro Garcia Arredondo, came to a close on January 19^th. Arredondo was found guilty of orchestrating the 1980 attack on the Spanish Embassy in Guatemala City and was sentenced to 40 years in prison. He was sentenced to 50 additional years for the murder of two students after the massacre occurred.

During closing remarks, the prosecution described the fire as an act of state terrorism, while the defense continued to assert that the fire originated from within the embassy, and that the police force did what it “had to do.”

Nobel laureate Rigoberta Menchú, who was a complainant in the case, spoke on Democracy Now about the importance of the verdict. More information about the history of the case is available on our website, along with a short Q&A with GHRC’s Dania Rodríguez, who was present during the sentencing hearing.

Genocide Trial Resumes, Then Is Suspended Again

More than a year and a half after the 2013 genocide trial concluded, the retrial of Guatemala’s former military dictator Efraín Ríos Montt began, only to be abruptly suspended. Both trials have been, from the beginning, filled with legal impediments which have obstructed and delayed them.

As the trial began on January 5^th, 2015, Ríos Montt was wheeled into the Guatemala City courtroom on a stretcher — his health used by his defense team as tactic to delay the trial. Though this attempt failed, Montt’s team then questioned the impartiality of Judge Irma Jeannette Valdez Rodas, citing the fact that she had completed a master’s thesis on genocide. This second objection succeeded in delaying the trial, until a new tribunal can be formed.

Despite this interference, Judge Carol Patricia Flores ordered a new medical evaluation of Montt. The Guatemalan National Institute for Forensic Science (INACIF) delivered the medical results on January 14th, confirming that Montt suffers from osteomyelitis, a bone infection. It will be the judge who ultimately decides if Montt should appear in court; the possibility of videoconference communication has also been discussed. In the meantime, the trial is indefinitely suspended.

Civil society excluded from debate about continuation of the CICIG in Guatemala

Amid discussions about whether or not the UN-backed International Commission against Impunity in Guatemala (CICIG) should continue, President Pérez Molina has stated that the work of the CICIG should be analyzed only by government institutions with links to the justice sector. Even though Molina stated in early January that he would solicit input from organizations interested in participating in the analysis, he is now stating that the period of analysis has “reached it’s end.”

The US government has stated that it will continue to provide financial support for the CICIG, as long as political will exists in Guatemala for its continuation.

Poor Guatemalans Are Taking On North American Mining Companies—and Have the Bullet Wounds to Prove It

This in-depth article from The Nation touches on several land rights cases across Guatemala, focusing on the repression and violence that has been used against protesters who oppose extractive projects.

A related article discusses Canada’s mining dilemma, highlighting violations of environmental and indigenous rights committed by mining companies abroad.

Community Radio Station Raided in Sololá, Guatemala

On Tuesday, December 9, 2014, Stereo Juventud — a community radio with programming in the Kaqchikel language — was raided by the Guatemalan Public Ministry. Two police trucks with about 20 policemen, accompanied by 10 government representatives, arrived at the radio station, cut off its power and seized its equipment. Indigenous authorities joined the community in a march to the courthouse, demanding the return of the equipment.

Intensification of Mexico-Guatemala border security

The Mexican government, encouraged and backed by the Obama administration, has taken actions to stop migration from Central America after a significant flow of underage migrants reached the Mexico-U.S border. The frequent governments raids on the trains on which migrants travel have pushed underage migrants to travel on foot, where they can fall victim to gangs and exploitation, being used as cheap labor, or sexual exploitation.

Daughter of former military dictator Efraín Ríos Montt might run for presidency in Guatemala

The “Partido Liberador Progresista” (PLP) has invited ex-congresswoman Zury Ríos, the daughter of Efraín Ríos Montt, to become the political party’s candidate for presidency in the upcoming 2015 presidential campaign. The party’s inclusion in the campaign depends on her acceptance, which has not been confirmed.

American woman accused of illegal trafficking of minors

Nancy Susan Bailey, founder of the Seeds of Love orphanage in Guatemala, was apprehended on December 17, 2014 in El Salvador, and turned over to Guatemalan authorities via Interpol. Bailey is accused of human trafficking; in Guatemala’s International Commission Against Impunity 2010 report, 3,342 irregular adoptions were noted, mostly to US couples.

 

 

Genocide Trial Resumes, Then Is Suspended Once Again

Yesterday, Jan. 5, the retrial against both Efraín Ríos Montt and José Mauricio Rodríguez Sánchez was set to begin. However, after a series of delays, the proceedings against Guatemala´s former dictator and his head of national intelligence were suspended almost as soon as they began.

Almost 19 months have passed since the original trial concluded, on May 10, 2013, when Ríos Montt became the first head of state in Latin America to be convicted in domestic courts of genocide and war crimes. The guilty verdict, however, was annulled just 10 days later by Guatemala’s Constitutional Court on questionable legal grounds.

Last month, the Constitutional Court removed one of the biggest impediments to the new trial — an appeal to send it back to November 2011, before Ríos Montt had been indicted. Although this recent decision cleared the way for a new trial to begin, the matter of a 1986 amnesty law and whether it could apply to Ríos Montt remains unresolved. International groups have reiterated the illegality of any amnesty, as has Spanish Judge Baltazar Garzón.

The retrial, which was set to begin at 8:30 AM on January 5, was initially delayed as Ríos Montt’s defense team sought to excuse him on medical grounds. Ordered by Judge Valdéz to present himself or be declared in contempt of court, Ríos Montt was eventually wheeled into the packed courtroom on a gurney. His defense team attempted to further delay the trial by filing a last minute recusal against Judge Valdéz, arguing that an academic thesis written by Valdéz on genocide in 2004 meant she could not preside fairly over the trial. With two of the three judges from the tribunal accepting the recusal, the trial is now suspended until a new tribunal can be formed.

The Genocide trial is an emblematic case in Guatemala, not only because of the historic nature of the proceedings, but also because it provides a barometer for measuring the strength of the justice system. While the genocide case is the most controversial, numerous other transitional justice cases are awaiting trial and could be impacted by the outcome – or lack of resolution – of the genocide trial.

Follow updates on Twitter via @NISGUA_Guate (English), @cmiguate (Spanish) and @HijosGuatemala (Spanish), and by following #EyesonJan5 and #Sihubogenocidio.

Additional Resources:

Eighteen Months After Initial Conviction, Historic Guatemalan Genocide Trial Reopens but is Ultimately Suspended (International Justice Monitor blog, English)

Derecho guatemalteco e internacional prohíben la aplicación de amnistía a los crímenes contra la humanidad y a genocidio (GHRC press release, Spanish)

Guatemalan Genocide Trial Set to Resume Amid Amnesty Battles (Article by Jo-Marie Burt, English)