Ex-Dictator Is Ordered to Trial in Guatemalan War Crimes CaseBy ELISABETH MALKIN
Published: January 28, 2013
MEXICO CITY — A Guatemalan judge on Monday ordered Efraín Rios Montt, the 
former dictator, and his intelligence chief to stand trial on charges of 
genocide and crimes against humanity in connection with the massacres of 
villagers in remote highlands three decades ago. 
The ruling clears the way for a public trial for Mr. Rios Montt, a former 
general who ruled Guatemala for 17 months in 1982 and 1983 during the bloodiest 
period of the country’s long-running civil war. It is a stunning decision for 
Guatemala, where the military still wields significant power behind the scenes 
and the country’s elected governments have struggled to build democratic 
institutions. 
“The principle function of the state and its officials is to protect its 
citizens,” said Judge Miguel Angel Gálvez before finding that there was 
sufficient evidence to try Mr. Rios Montt, 86, and another former general, José 
Mauricio Rodríguez Sánchez. 
The two are accused because they had final command over troops that killed 
1,771 people in the Mayan-Ixil region as soldiers carried out a scorched-earth 
campaign to hunt down left-wing guerrillas. 
In a telephone interview after the judge’s ruling was announced, the 
prosecutor, Orlando López, said that all the evidence the attorney general’s 
office had submitted, including the testimony of 140 witnesses and internal 
military documents from the time, was enough to ensure that a trial would go 
ahead. 
“Legally, we were certain,” Mr. López said. “But politically we considered that 
it would be difficult because of the circumstances, with a former military man 
in the government.” 
President Otto Pérez Molina is a former general who has said he does not 
believe that the killings during the war amounted to genocide. 
A United Nations truth commission determined that the military had carried out 
“acts of genocide,” including in the Mayan-Ixil villages during the war, in 
which 200,000 people died. 
Mr. Rios Montt’s defense lawyer, Danilo Rodríguez, argued in court last week 
that his client never signed orders to eliminate the Ixil Indians or identified 
them as an internal enemy. 
“After the truth commission, people said it was not enough, this is a 
compromise, justice is being crippled,” said Almudena Bernabeu, a lawyer with 
the Center for Justice and Accountability in San Francisco, who has worked with 
victims’ groups to bring a case under Spain’s universal jurisdiction rule. 
Cases brought by survivors’ groups against Mr. Rios Montt and the top military 
leadership had been stalled in the country’s weak judicial system for more than 
a decade. 
“For Rios Montt to be tried breaks the wall of impunity,” said Victoria 
Sanford, an anthropology professor at the City University of New York who has 
written about Guatemala’s civil war. “It says genocide is genocide and it is 
punishable by law.” 
As a legislator until last January, Mr. Rios Montt was protected from 
prosecution. Prosecutors filed charges when his term expired, but his lawyers’ 
appeals delayed the case. 
Scholars of Guatemala said that a number of factors combined to get the case to 
court, including the tenacity of the attorney general, Claudia Paz y Paz, and 
successful efforts to appoint more independent judges. 
Anita Isaacs, a political scientist at Haverford College who studies 
Guatemala’s attempts to deal with its war crimes, also suggested that the 
military itself might have changed its stance on Mr. Rios Montt’s case. “There 
was a hope that if he could be brought to trial, this could be the end of the 
armed conflict,” she said.
 
http://www.nytimes.com/2013/01/29/world/americas/ex-dictator-is-ordered-to-trial-in-guatemala-for-war-crimes.html?src=twr&_r=0

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