Historic Genocide and Crimes Against Humanity Trial Continues in the Face of Legal Challenges
By Clayton Cheney
Guatemala City, Guatemala
From April 14th-19th I was given the opportunity to participate in the National Lawyers Guild Delegation (NLG Delegation) team of international observers at the trial of José Efraín Ríos Montt and José Mauricio Rodríguez Sanchez for genocide and crimes against humanity in Guatemala. The trial marks the first domestically held trial of a former head of state for genocide and crimes against humanity. The process has faced numerous legal hurdles, however, due to the tireless work of dedicated individuals and organizations in Guatemala, it appears the trial will reach a conclusion within the next week.
NLG Delegation in front of the Plaza de los Derechos Humanos
Ríos Montt, the former de facto dictator of Guatemala from March 23, 1982 to August 8, 1983, and Rodríguez Sanchez, the former director of intelligence, are charged with genocide and crimes against humanity in connection with the massacre and displacement of Ixil Mayans during the dictatorship of Ríos Montt. For a comprehensive summary of the historical context of the trial, please visit this website.
During the weeklong visit to Guatemala City, the NLG Delegation was fortunate enough to meet with individuals and organizations supporting the process, view some of the most contentious trial proceedings of the trial thus far and meet with survivors from the Ixil Mayan population. The NLG Delegation was able to obtain a comprehensive picture of the current situation in Guatemala in relation to the Ríos Montt and Rodríguez Sanchez trial.
The NLG Delegation met with members of the Asociación Americana de Juristas (the Association of American Jurists) on April 15th, 2013. The members of this organization provided us with a background of the power structure, as well as a brief introduction to the procedural nature of the criminal process in Guatemala. The members stressed that a circle of power existed within Guatemala that permitted the culture of impunity to continue. Essentially, the upper class and supporters of the military control the land, the banks, the political process and the press. This power circle allows for the perpetrators of atrocities during the thirty six year Civil War to avoid prosecution.
The day after meeting with members of the AAJ, the NLG Delegation met with a local human rights expert, Factor Méndez Doninelli, who provided us with significant substantive and logistical support during the delegation’s visit. We also met that evening with Kate Doyle, the Director of the Evidence Project at the National Security Archive, who has been instrumental in uncovering documentary evidence of the crimes committed in Guatemala during the Civil War. (For a comprehensive summary of the events leading to the prosecution of Ríos Montt see Granito: How to Nail a Dictator a film by Pamela Yates.) Ms. Doyle discussed the importance of documentary evidence in the prosecution of these high ranking government officials and the difficulty in establishing the chain of command necessary for these types of trials.
Guatemala Attorney General Claudia Paz y Paz discussing the trial with the NLG Delegation
Additionally, the NLG Delegation met with the Attorney General of Guatemala, Claudia Paz y Paz, who has been instrumental in the process of bringing Ríos Montt and Rodríguez Sánchez to trial for genocide and crimes against humanity in a domestic court. It was reassuring to find government officials that continued to fight for the maintenance of a fair and transparent judicial process, despite having to overcome a multitude of significant obstacles. The trial against Ríos Montt and Rodríguez Sánchez has faced opposition through legal challenges and public media campaigns condemning the process. The courageous work of public officials, such as the Attorney General, has been vital to contributing to the fight against impunity for atrocities committed during the Civil War.
As part of the NLG Delegation, I was able to view trial proceedings in the Ríos Montt and Rodríguez Sánchez matter from April 14th to 18th, 2013. The first two days I observed the trial, experts for the prosecution and defense attempted to establish the existence or absence of a chain of military command, which would have effectively been controlled to some extent by Rodríguez Sánchez, but ultimately by Ríos Montt. During the third day of the proceedings, a lower court ruling by Judge Patricia Flores attempted to annul the proceedings up to that point, as a result of procedural deficiencies in the pre-trial and trial phases.
The following day, arguments were made by prosecution and defense in favor of continuing or annulling the trial proceedings that had taken place up to that point. The presiding judge over the trial proceedings, Judge Jazmin BarRíos, ruled that the lower court’s annulment of the trial proceedings was illegal and ordered the trial to continue. What occurred next was one of the most shocking events I have seen in a courtroom during my young legal career. The defense attorneys, in what they called a “passive protest”, stood up and walked out of the courtroom, essentially abandoning their clients. The divided audience, though a majority was either Ixil Mayans or supporters of continuing the trial, both cheered and booed the controversial decision. When the defense attorneys refused to return to the courtroom, despite the repeated request of Judge BarRíos, the trial had to be suspended pending the defendants obtaining representation.
In the days that followed, a series of legal challenges were filed by the defense and later by the prosecution in the appellate courts and the Constitutional Court of Guatemala. Many of these petitions are still pending before the Constitutional Court. However, one very recent ruling by the Constitutional Court required the lower court judge, Judge Flores, to admit certain evidence and return the matter to the trial court. Judge Flores returned the matter to the trial court and on April 30th Judge Barrios ordered the trial to be resumed on May 7th. Given the point at which the trial was suspended, if resumed on May 7th it could be completed within the next week.
While observing these trial proceedings in Guatemala City, I was struck by the social context and the always present feeling of political and human tension. This tension was magnified through media publications that seemed to either be a boisterous arm on the payroll of political organizations or merely content with breading social divergence through misleading and false headlines. Unfortunately, obtaining access to reliable and accurate information on the current state of the proceedings continues to be problematic. Conflicting information provided by the various courts involved and interested parties makes any prediction of what the future holds for this trial difficult. News organizations are providing no alleviation of the confusion. It seems as though information is released by a news organization, only to be later replaced by conflicting information on the same issue. This is fueling the climate of uncertainty surrounding the trial, especially in Guatemala City, where accurate information is vital during a trial consistently influenced by public opinion.
As the proceedings against Ríos Montt and Rodríguez Sánchez appear to be moving forward, it is essential that international attention remains focused on ensuring the transparency and the completion of this historic trial in a fair and just manner. International attention will ensure that Guatemala adheres to its obligations as a democratic state, including providing equal protection of the law and ensuring that justice is carried out without discrimination.
A group of Ixil Mayan survivors share their harrowing stories with the NLG Delegation
In addition to the legal hurdles discussed above, there also appears to be a silent threat to the integrity of the trial against Ríos Montt and Rodríguez Sánchez. Throughout the NLG delegation visit to Guatemala, numerous parties with an interest in the matter expressed concern over the applicability of amnesty to any sentence handed down against the former dictator and his military subordinate. If the legal, personal and public struggles endured by the victims, civil society and government figures are in the end made futile by a ruling of amnesty for Ríos Montt or Rodríguez Sánchez, that would be the most disappointing and destructive result of all. I urge the international community to continue to draw attention to this monumental trial and signify the extreme importance of accountability and equality of justice in the protection of fundamental human rights.
I will conclude this summary of the NLG Delegation’s visit to Guatemala with the experience that will have the most lasting effect upon me. The NLG Delegation had the honor of meeting with survivors from the Ixil Mayan population who had endured indescribable atrocities. The group shared their stories with our delegation, some of which were heart wrenching and tear jerking accounts of losing family members and friends. While it was difficult to see the pain and sadness in their eyes, it was inspirational to witness their resolve in continuing their fight against impunity. The experience effected me not only on a professional level by strengthening my desire to assist their fight for justice, but also on a personal level by giving me perspective on life’s problems.
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