Guatemala News Update: January 26-30

Update on the Genocide Case

Guatemala’s National Institute of Forensic Science (INACIF) informed on Friday, January 23rd 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. Continue reading

Guatemala News Update: September 8-19

IACHR Declares Guatemala in “Contempt of Court”

The IACHR published its resolution from a May supervisory hearing at the Inter-American Court, in which the Court asked the government of Guatemala to report on the progress it had made in 11 cases, including the Rio Negro and Military Diary cases.

In its resolution, released August 22, the Court stated: “Guatemala did not inform about advances in compliance […] but instead assumed a radical change in its position intended to question the Court’s decision […]. For example, Guatemala questioned the ability for the Court to try crimes before 1987, and negated the continuing nature of the crime of forced disappearance.

The Court explicitly stated that Guatemala’s position expressed at the hearing “constitutes a clear act of contempt of court,” and reminded Guatemala of its legal obligations to comply with Court sentences — above and beyond any domestic laws — including amnesties.

Violence Possible in Mining Sector

Amnesty International released a new report about mining in Guatemala, calling attention to the growing social unrest and conflict provoked by these projects. According to the report, the Guatemalan government is exacerbating social conflict and the likelihood of violence by failing to consult with local communities before awarding mining licenses to companies. Despite fierce opposition to mining licenses, the government has awarded at least 240 licenses to businesses so far. The report can be read in full here.

Hundreds Protest over Rural Development Act

On September 18th, hundreds of indigenous and rural citizens protested in front of Guatemala’s Congress to show support for the passage of the Rural Development Law and to repeal a law that would prohibit any obstacles which block roads or limit transportation. The Legislative Branch should consult the indigenous towns before passing laws that directly impact them, yet the government recently passed several laws without the approval of indigenous groups.

The protests caused several road blocks which were maintained for three to four hours. During violent attempts by the police to break up community roadblocks by Ch’orti’ communities in Chiquimula, reporter Norma Sansir was arrested by the police. There have been several other instances of violence against reporters and government actions that contradict the idea of free press.

On September 23, Norma and four others who were arrested were released from jail.

Prior Agreements Shown in Court of Appeals Nomination Process

The process to choose nominees for the Court of Appeals began yesterday (September 17th). As a final list of candidates was compiled, questions arose over whether some names included in the list were already agreed upon, prior to the vote.

Extension of CICIG mandate to be considered

Despite previous recommendations not to extend the mandate of the CICIG — a UN-backed international body charged with helping State institutions investigate serious crime — President Pérez Molina announced that the executive branch will consider an extension of the CICIG in respect to specific sectors that would benefit from its support.

Guatemala News Update: March 31 – April 4

Say “No!” to U.S. funds for the Guatemalan Army

Upside Down World publicized the call from us at GHRC and our partners at NISGUA for the US government to maintain restrictions on funding to the Guatemalan Army, as Guatemala has not complied with conditions laid out in the 2014 US Appropriations Law.

Click here to sign our petition! Continue reading