Guatemala News Update: August 17-24

Guatemala President Balks at Calls for Resignation

With just weeks until Guatemala’s ‪ general elections, public prosecutors and the CICIG revealed that they have uncovered enough evidence to place President Pérez Molina and former Vice President Roxana Baldetti at the top of a tax fraud scandal that has rocked the country since mid-April. Baldetti was arrested on August 21.

The announcement prompted another wave of resignations from government ministers; however, President Pérez Molina again rejected calls for his resignation in a public statement on Sunday.

Guatemalans Say Reforms Needed Before Any Future Election

In this opinion piece, GHRC Executive Director Kelsey Alford-Jones discusses Guatemala’s current political context, ponders what might happen next in the country, and explains the risks of moving forward with elections without much-needed reforms.

A related article also highlights the dismal conditions for holding Guatemala’s presidential election.

Doctors say Guatemala ex-dictator Rios Montt has dementia

On August 18, a team of medical evaluators ruled that Ríos Montt suffers from “incurable” dementia, a development which could prevent Montt from ever again facing trial. This was the final decision in a series of psychiatric evaluations of Montt that has delayed the trial for weeks. In a hearing is set for August 25, judges will decide whether or not the retrial will move forward.

Guatemala News Update: August 4-7

‘Obnoxious’ La Puya Members Will Not Make the Gold Mine Go Away, CEO Says

Vice News

In a Vice News article, Jeff Abbott reports on the recent victory won by La Puya in a local Guatemalan court and his interview with Dan Kappes, CEO of mining company Kappes, Cassiday, & Associates (KCA), while on his recent trip to Guatemala.

Despite the court’s ruling that KCA had obtained an invalid construction license and its order for the company to suspend all construction at El Tambor within 15 days, Kappes stated in the interview that, “the construction license is a moot point.” In addition to claiming that the company had in fact carried out a consultation with the community, Kappes also asserted: “I guess the protesters think that if they are obnoxious enough, the mine will go away.”

Leading up to the 15-day deadline, GHRC delivered an open letter to KCA with over 2,200 signatures, demanding that the company comply with the court decision. Despite these actions, KCA has as of now decided to continue operations at the mine.

GHRC will continue to support La Puya, and urge KCA to abide by Guatemalan law.

5 Guatemalan Soldiers Detained Following Leaked Video

Police in Guatemala have detained five soldiers on abuse of authority charges after a video circulated on social media showing them beating two teenagers. The incident occurred on July 26 after an army patrol received a report from neighbors that the minors in the video were allegedly drinking and assaulting people, according to army spokesperson Hugo Rodriguez. The video shows the five soldiers repeatedly kicking the boys in the stomach, slapping them, and pulling them off the ground by their hair, among other forms of abuse. According to the article, the Human Rights Ombudsman’s Office (PDH) opened an investigation of the two soldiers, and the Public Prosecutor’s Office stated that it will also initiate an investigation.

Land Rights Victory for Poqomchi’ Community in Alta Verapaz

Upside Down World

Nearly 300 Poqomchi’ Maya families residing in the Primavera communities of Alta Verapaz have won a significant victory in their fight for land rights. On July 14, community representatives and the Guatemalan Land Fund signed documents to officially recognize three communities as the owners of the approximately 800 hectares of land where they have been residing for over 200 years.

The Secretary of Agrarian Affairs oversaw the titling of the land to the communities, after the land had been occupied by Maderas Filips Dias/Eco-Tierra, a logging company, and various other transnational companies harvesting palm oil and sugar cane without the consent of the community.

Guatemala News Update February 9-13

Former Dictator Ríos Montt Could Stand Trial for Dos Erres Massacre

Guatemala’s Constitutional Court declared on February 6 that former military dictator Efraín Ríos Montt could be prosecuted for the “Dos Erres” massacre. Nearly 300 people were murdered in 1982 in the village of Dos Erres by the Guatemalan military’s special forces, the Kaibile, under the de facto administration of Ríos Montt.

Obama’s Central America Rescue Plan Will Only Make Life There Worse

This article argues that the “Alliance for Prosperity” plan, which promotes economic development in Central America as a mechanism to curb migration, could have adverse effects in the region. By promoting spending on infrastructure and foreign investment, the plan could actually exasperate the problems that vulnerable local communities face when dealing with rapid macroeconomic development.

Public Forum on Genocide in Guatemala: The Future of the Trial against Ríos Montt and Rodríguez Sánchez

Center for Justice and International Law (CEJIL), Due Process of Law Foundation (DPLF), Guatemala Human Rights Commission (GHRC), International Platform against Impunity, Latin American Studies at George Mason University, Open Society Justice Initiative (OSJI), and the Washington Office on Latin America (WOLA) are please to invite you to a public forum on

Genocide in Guatemala: The Future of the Trial against Ríos Montt and Rodríguez Sánchez

Featuring:

Claudia Paz y Paz
Georgetown Law and former Attorney General of Guatemala

Francisco Soto
Center for Human Rights Legal Action (CALDH)

Edwin Camil
Center for Human Rights Legal Action (CALDH)

Edgar Pérez
Human Rights Legal Office (Bufete Jurídico de Derechos Humanos)

Jorge Santos
International Center for Human Rights Research (CIIDH)

Claudia Samayoa
Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA)

Marcia Aguiluz
Center for Justice and International Law (CEJIL)

and moderated by

Jo-Marie Burt
George Mason University and WOLA Senior Fellow

Friday, October 31, 2014
9:30 a.m. – 12:00 p.m.
Carnegie Endowment for International Peace
2^nd floor, Room B and C
1779 Massachusetts Ave NW
Washington, D.C. 20036

To RSVP, please click here. For more information please contact Ashley Davis at +1 (202) 797-2171 or adavis@wola.org. The event will be held in Spanish.

On May 10, 2013, the ex-dictator of Guatemala José Efraín Ríos Montt was sentenced to 80 years in prison for genocide and crimes against humanity for his role in the extrajudicial execution of 1,771 indigeous Ixil Mayans between 1982 and 1983. Just ten days later, the Constitutional Court, under pressure from business and military sectors, overturned part of the proceedings, thereby nullifying the verdict. Since then the genocide case has been in a holding pattern. The tribunal now in charge of the case announced last year that it would reopen the case in January 2015. The world will be watching as Guatemala struggles to pursue accountability for the crimes of the past.

Speaking at this event are members of Guatemalan civil society and former Attorney General of Guatemala Claudia Paz y Paz, who created space in the Public Prosecutor’s Office for victims of Guatemala’s armed conflict to access truth and justice after more than three decades. The speakers will discuss the legal status of the genocide proceedings, the political environment and how it influences the legal situation, the effects of the stalled proceedings on the victims, and the status of the petition filed by the victims before the Inter-American Commission on Human Rights.

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.

Guatemala News Update: November 2-8

Rios Montt trial pushed to January 2015

The trial of Efrain Rios Montt for genocide has been pushed back to January 2015; a court official said that judges were too busy with other cases to resume the trial during 2014. Families of victims of the armed conflict expressed regret at the decision to push the resumption of the trial back this far. Hector Reyes, a lawyer with the Center for Human Rights Legal Action (CALDH), criticized the new date and said that the court decision is a violation of victims’ rights.

Rios Montt case petitioned at IACHR

Prosecutors of the Rios Montt genocide case presented a complaint to the Inter-American Commission on Human Rights (IACHR) on Wednesday, November 6, to reinforce the 80-year prison sentence that was handed down to Rios Montt earlier this year. Petitioners stated that Guatemala failed to guarantee justice because of irregularities throughout the trial and a lack of access to military archives. Previously, the IACHR has requested that Guatemalan authorities investigate human rights abuses committed during the civil war and affirmed that Guatemala’s amnesty law does not impede that process.

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.

News Update: May 31-June 12

OAS 43^rd General Assembly

The Organization of American States had its 43^rd General Assembly in Antigua, Guatemala. In attendance were 28 chancellors and 500 representatives from member countries, as well as 80 permanent observing countries. The main topic of discussion was drugs, though there were no major developments or changes in policy.

Pérez Molina and Kerry’s Bilateral Meeting

US Secretary of State John Kerry and President Otto Pérez Molina met and discussed the United States’ migration reform and the situation of Guatemalans in the United States.  Molina expressed many worries; for example, how to stop deportations of Guatemalan migrants and that Guatemala should be involved in the Trans-Pacific Partnership.

Ontario Securities Commission Is Investigating Tahoe Resources

Tahoe Resources, a Canadian mining company, is being investigated by the Ontario Securities Commission in relation to the six people shot outside of the Escobal mines on April 27. It is reported that six of Tahoe’s employees have been implicated in the crime based on phone taps from the Guatemalan Public Prosecutor’s Office. As heard in court, Tahoe’s security director, Alberto Rotondo, ordered the murders of the protestors. The Justice and Corporate Accountability Project asked the Ontario Securities Commission to investigate Tahoe Resources claiming that the mining company had downplayed and hidden what their workers had done.

Guatemala Scholars Network statement about genocide trial

The Guatemala Scholars Network at the XXXI International Congress of the Latin American Studies Association voted to express our solidarity and concern regarding the current judicial processes around Generals Efraín Ríos Montt and Rodriguez Sánchez. Founded in 1983, the GSN is a network of over 400 people representing over 100 academic, faith-based, and non-governmental organizations (NGOs).

On May 10, 2013, the Guatemalan tribunals found General Ríos Montt guilty of genocide and crimes against humanity. We urge that this verdict be honored and upheld. Reopening the process will only re-victimize witnesses. We express our concern for the safety of the witnesses, lawyers, and judges. As people who have worked for many years in Guatemala, including researching the histories of racism and exploitation, we affirm that these are the causes of the violence—not the recovery of truth.

COMUNICADO DE PRENSA

31 mayo 2013

La Red de Investigadores y Estudioso/as de Guatemala (Guatemala Scholars Network) en el XXXI Congreso Internacional de la Asociación de Estudios Latinoamericanos votó para expresar su solidaridad y preocupación sobre los procesos judiciales contra los Generales Efraín Ríos Montt y Rodríguez Sánchez.  Fundada en 1983, la Red es una asociación con mas de 400 personas que representan mas de 100 organizaciones académicas, religiosas y no gubernamentales (ONGs).

En mayo 10, 2013, los tribunales de Guatemala declararon al General Ríos Montt culpable de genocidio y crímenes contra la humanidad.  Demandamos que este veredicto sea respetado y cumplido.  Reabrir el proceso solamente re victimizará a los testigos.  Expresamos nuestra preocupación por la seguridad de los testigos, abogados y jueces.  Por tratarse de personas que hemos trabajado investigaciones sobre Guatemala, incluyendo el racismo, la violencia, y la  explotación, entendemos que estas son las historias que han producido hechos deplorables, y no la recuperación de la verdad.