Weekly News Round-Up, March 18-25

Day 1 of Genocide Trial
On March 19, 2013, the historic trial opened against Rios Montt and Rodríguez Sánchez. After almost two hours of delays by the Defense, the trial began. The public prosecutor stated that the objective of military operational plans under Ríos Montt was the destruction of the Mayan Ixil population as part of a counter-insurgency campaign that characterized civilians of this ethnic and linguistic minority as an “internal enemy”. Attorney Edgar Pérez rejected assertions that the act of seeking justice is itself an act of terrorism or an effort to destabilize Guatemalan society. Political pressure on the actors involved has been intense, and just before the trial begain, President Otto Perez Molina’s denied that genocide took place. Perez told reporters: “It is important to state it because I lived it: there was no genocide in Guatemala.” Marcie Mersky, Program Director at the International Center for Transitional Justice, says such comments may influence legal proceedings and are inappropriate.

Lolita Chávez participates in month-long speaking tour in Canada and US
In events in Montreal, Ottowa, Vancouver, BC and Washington, DC, Lolita Chavez spoke about the work of the K’iche’ People’s Council and community resistance to harmful transnational development projects. In an interview with Montreal Gazette, Lolita stated that: “Canadian companies are the main protagonists in this invasion that brings only death and destruction.” A short video interview is available here.

Weekly News Round Up Feb. 23-Mar.5

Constitutional Court upholds case closure for Efraín Bámaca’s disappearance
The Constitutional Court (CC) has confirmed the closure of the criminal case involving the forced disappearance of Efraín Bámaca. In March 2011, Bámaca’s widow, Jennifer Harbury, brought a criminal complaint against then presidential candidate Pérez Molina for his role in her husband’s disappearance and death. Bámaca (alias Comandante Everardo) disappeared in 1992. According to the military, he committed suicide, but Harbury says that he was actually detained, tortured and killed. In December 2010, the Inter-American Court of Human Rights ordered the Guatemalan government to re-investigate the case of Bámaca’s forced disappearance. Harbury’s lawyer has indicated that he will take action against Pérez Molina for not fulfilling the IACHR’s demands for a re-investigation of the case.

Constitutional Court rejects legal action filed by Toto indigenous leaders
The Constitutional Court (CC) unanimously rejected the legal action filed by the 48 cantones of Totonicapán against the Mining Law. The court’s decision called on Congress to regulate consultation with indigenous communities as established in ILO Convention number 169. The plaintiffs argue that the Mining Law was issued when there was still a right to consultation under the ILO convention and therefore the law is unconstitutional because it does not respect that right. The trial against the soldiers who fired on the group of protesters in Totonicapán last year is still ongoing. One of the defense lawyers for the accused soldiers says that he will ask for an acquittal. He says that his clients were motivated by “an overwhelming fear”, and thus they are innocent.

Weekly News Round Up Feb. 12-18

Communities deny participation in new attack on Hidro Santa Cruz in Barillas
The Spanish-owned hydroelectric company is claiming that on the night of February 17, a group of 15-20 people closed off the entryway and entered the construction site where they damaged equipment. The community, which resumed peaceful protests against the hydroelectric project on the 15th, says that it had nothing to do with the attacks. Community leaders insist that, as of now, they do not know who is responsible for these events. Actions such as these have, in some cases, been carried out by people linked to a company in order justify a greater police or military presence to protect its economic interests.

Meanwhile, Otto Pérez Molina spoke to Spanish businesses about investing in Guatemala. In a speech before a group of Spanish businessmen and several government officials, President Pérez Molina emphasized the need for more foreign direct investment in his country. Highlighting the abundant hydroelectric and mining resources in Guatemala, and projects that like in Barillas, he claimed that conflicts around resource extraction projects are simply a product of misinformation put forth by environmental groups, which have been “fully identified and controlled.”

Eight soldiers and one colonel will go to trial for Totonicapán killings
Colonel Juan Chiroy and eight of his soldiers will not be tried for the crime of extrajudicial execution in the killing of six protesters in Totonicapán in October of last year. Instead, the colonel is charged with breach of duty while the soldiers are charged with breach of duty and “murder in a state of violent emotion.” Judge Carol Patricia Flores determined that the soldiers fired in self-defense. On February 19th, the Public Prosecutor’s Office presented a recusal against Judge Flores.

Weekly News Round Up

Updates on the Genocide Trial:
The trial of Efraín Ríos Mont and José Rodríguez Sánchez for genocide and crimes against humanity on August 14th of this year. Rodríguez Sánchez’s defense filed an injunction against the decision by Judge Miguel Ángel Gálvez to send the former military leader to trial. According to Rodríguez Sánchez’s lawyer, Gálvez did not explain the reasons for open debate against his client. Ríos Montt’s defense has now filed a similar legal action in which he claims that the crime he is being charged with does not exist in the legal code. Ríos Montt has also objected to the fact that Judge Patricia Flores is presiding over his appeal to the Court of Constitutionality. His lawyers claim that Flores is unfit to hear his case because she was recused from the proceedings against Héctor Mario López Fuentes, also accused of genocide.

International Crisis Group warns against use of military in maintaining public order
In a recent report featuring the October incident in Totonicapán, the ICG warned about the dangers of using the military to maintain public order in the country, especially where marches and social protests are concerned. Mary Speck, an analyst from ICG, observed that tensions are higher in indigenous areas where issues of mining, access to land, electricity and education have been prominent. She pointed out that these conditions have made the creation of trained civil security forces all the more urgent. The civil security forces should be used to confront protests without the use of violence.

Xincas oppose mining activity
Xinca communities and organizations demanded an end to the licensing of mining projects  in their territory in Santa Rosa, Jutiapa because of environmental damage. Juan Pablo López, director of the Coordinating Council of the Xinka People asked that the Environmenal Ministry consult with the indigenous communities before releasing a decision on environmental impact studies. López says that the San Rafael Las Flores mining company contaminates more than 6 million liters of water in the area daily.

January News Round Up

Ríos Montt on trial for genocide and crimes against humanity
The trial against former head of state Ríos Montt and along with former general José Rodríguez, began on January 30th, two days after Judge Ángel Gálvez announced his decision to try the two men for genocide and crimes against humanity. The much-anticipated announcement drew a large crowd which included many survivors of the armed conflict as well as journalists, retired military personnel, and human rights activists. The decision was hailed as a victory for the victims of one of the most violent conflicts in Central America.

Spanish delegation comments on conflict in Santa Cruz Barillas
A group of Spanish representatives on a mission to investigate human rights in Guatemala held a press conference last week to talk about several of the cases they looked into during their visit. One of the cases that they highlighted was the conflict in Santa Cruz Barillas, Huehuetenango surrounding the dam proposed by the Hidro Santa Cruz energy company. One Spanish representative expressed concern for the human rights violations there including the assassination of a community member, illegally long detentions of political prisoners and the absence of a means of democratic communication between the community members and authorities. Another representative, Josep Nuet, expressed a desire for Hidro Santa Cruz to start the project anew, this time with the input of the community.

Limitations on the Inter-American Court of Human Rights repealed
The executive branch announced on January 17th Government Agreement number 30-2013, which repealed an earlier decision to not recognize the jurisdiction of the Inter-American Court of Human Rights on violations prior to February, 1987. The original agreement (number 370), which was announced on January 2nd, was met with much criticism, forcing the President to suspend it the next day.

An analysis of President Perez Molina’s first year in office
During his first year in office, President Pérez Molina launched the Cero Hambre and Bolsa Segura programs to combat malnutrition and hunger. His critics allege that these programs have not yet reached much of the at-risk population and have not done enough to break the cycle of poverty. Credit should be given to the attorney general, police commissioner, and interior minister, and the International Commission against Impunity in Guatemala for the improvements in the murder rate as well as the security situation. “In 2012, Guatemala recorded 5,174 homicides, approximately 500 fewer than in Colom’s last year, thereby reducing the country’s murder rate from 39 to 34 per 100,000. However, while the government’s increased reliance on the military and mano dura policies has not led to an increase in homicides, there is good reason to be concerned with the government’s increasing reliance on the military to perform acts better suited for police.” writes Mike Allison.

GHRC accompanies Guatemalans as they mourn the death of truth

By dismantling Peace Archives Directorate, the entity designed to oversee and manage the entirety of documents pertaining to human rights violations committed during the internal armed conflict, Secretary Arenales Forno and President Pérez Molina extinguished an invaluable contribution to the preservation of historic memory and to the State´s obligations under the Peace Accords, at the same time obstructing efforts to investigate the military for egregious human rights violations and crimes against humanity.

Marco Tulio Alvarez, former Director of the Peace Archives Directorate reads out GHRC’s denouncement of the closure of the Archives in Guatemala

On June 29th, the day that the Peace Archives Directorate officially closed, a funeral was held mourning the death of the truth. As part of the activity, GHRC presented copies of the petition signed by supporters denouncing the closure. The petition was read, twice, to those gathered.

“Arenales Forno, Secretary of War”

Forno, the Secretary of Peace, was responsible for the decision to close the Peace Archives. He has also denied that there was genocide was committed in Guatemala.

“Genocide did happened”

“You don’t bury truth, you bury impunity”

Member of the union representing the employees of the Peace Archives Directorate who were fired.