http://upsidedownworld.org/main/guatemala-archives-33/4300-despite-historic-conviction-genocide-continues-in-guatemala
Despite Historic Conviction, Genocide Continues in Guatemala[image:
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E-mail]<http://upsidedownworld.org/main/component/mailto/?tmpl=component&link=93749049376a085e83cbb8256fcb3c2963a75bd6>Written
by Leonor Hurtado   Thursday, 16 May 2013 12:04

[image: Photo by Caracol Producciones]Source: Food
First<http://www.foodfirst.org/en/node/4264>

On May 10th, the Guatemalan Court of Justice convicted the ex-dictator
General Ríos Montt to 80 years in prison for the massacres of indigenous
people during the 1980s [1]. Many Guatemalans hope that the judicial
process against the criminals of the country's "dirty war" will continue
[2].

But while the Guatemalan people celebrate the conviction, the processes of
genocide initiated 30 years ago by Ríos Montt's massacres still continue by
other means.

In the last decade, the expansion of oil palm plantations and sugarcane
production for ethanol in Northern Guatemala has displaced hundreds of
Maya-Q´eqchi´ peasant families, increasing poverty, hunger, unemployment
and landlessness in the region, confirms Alberto Alfonso-Fradejas in the
new Food First report, "Sons and Daughters of the Earth: Indigenous
Communities and Land Grabs in
Guatemala"<http://www.foodfirst.org/en/Land+grabs+in+Guatemala> [3].
There is a tremendous contradiction here: at the same time that the
ex-General Ríos Montt is convicted for genocide, the state allows the
oligarchy, allied with extractive industries, to displace entire
populations without taking into account the human cost, and in many cases,
resulting in the murder and imprisonment of rural people who resist the
assault. The genocide against the indigenous peasant population in
Guatemala no longer has the face of a military dictatorship supported by
the United States.... Now it is the corporations, the oligarchy and the
World Bank who push peasants off their lands.

The fourteen families of the oligarchy who control the country's
sugarcane-producing companies (AZAZGUA), the five companies that control
the national production of ethanol, along with the eight families that
control the production of palm oil (GREPALMA) [4] and members of the
Coordinating Committee of Agricultural, Commercial, Industrial, and
Financial Associations (CACIF) are accumulating land and wealth with the
support of investment from international institutions such as the World
Bank, Inter-American Development Bank (IDB) and the Central American Bank
for Economic Integration (CABEI). The convergence of multiple global
crises: finance, energy, food and environment, has directed corporate
investment into land-based resources such as agrofuels, minerals, pasture
and food. The situation in Guatemala is extremely violent; this is due to
the global trend in which agrarian, financial and industrial interests
converge to grab control of peasant lands and resources.

In many ways, land grabbing is a new form of genocide. Ricardo Falla's
study "What Do You Mean There Was No Genocide?" analyzes the definition of
genocide and its characteristics [5]. According to Falla, of the five acts
that define genocide, two were most prominent in Guatemala: "the massacre
of the members of a group" and "the intentional subjection of a group to
living conditions which will lead to their total or partial physical
destruction." The first genocide was against the Ixil peoples during the
time of Ríos Montt. This second genocide is enacted through the privation
of the Q´eqchi´ peoples' means of survival through land grabs. Hundreds of
families have been displaced; they do not have land on which to produce or
live and they are denied their cultural and community identity. These are
conditions that lead to their physical destruction.

The conviction against a person who committed genocide is an historic
victory, but it is not enough [6]. Ríos Montt was convicted only after he
was no longer useful to the system of exploitation and subjugation. The
oligarchy, which benefitted from the genocide, continues to commit genocide
against the indigenous peasant population. They are supported by
international investment and hidden by a legal system that favors land
grabs to the detriment of the Guatemalan people.

[1] "The judges are totally convinced of the intent for the physical
destruction of the Ixil' area, in reference to the death of 1,771
indigenous Ixil people in Quiché between 1982 and 1983, perpetrated by the
Army. Moreover, "the attitude of Ríos Montt is inexplicable, which allowed
the Army to carry out massacres, massive violations against the
population." Judge Jasmín Barrios, Tribunal Primero A de Mayor Riesgo,
reading the sentence, Prensa Libre, 05/11/13.

[2] "To the surprise of all, one of the ex-military witnesses testified
that Pérez Molina (President of Guatemala) ordered the committing of
atrocities. I was going to give my testimony in the trial, but at the last
moment, I was blocked, because they feared that I would also mention the
role of Pérez Molina. Now that the trial is ending, if Ríos Montt is
convicted the next question will be: what role did Pérez Molina play?"
Commentary (of the American journalist present in the area of Ixcán in
1982) Allain Nair,http://www.allannairn.org/.

[3] Alonso-Fradejas, Alberto. 2013. "Sons and Daughters of the Earth":
Indigenous communities and land grabs in Guatemala (Land & Sovereignty in
the Americas Series, No. 1) Oakland, CA: Food First/Institute for Food and
Development Policy and Transnational Institute.

[4] Asociación de Azucareros de Guatemala / Association of Sugarcane
Producers of Guatemala (ASAZGUA) y Gremial de Palmicultores de Guatemala /
Guild of Palm Growers of Guatemala (GREPALMA).

[5] Genocide was defined in the Convention for the Prevention and Sanction
of the Crime of Genocide, adopted December 9, 1948, in effect since January
12, 1951. Signed by Guatemala in 1950. In the present Convention, genocide
means any of the following acts committed with intent to destroy, in whole
or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group; (b) Causing serious bodily or mental harm
to members of the group; (c) Deliberately inflicting on the group
conditions of life calculated to bring about its physical destruction in
whole or in part;(d) Imposing measures intended to prevent births within
the group; (e) Forcibly transferring children of the group to another group.

[6] The process against Ríos Montt was interrupted on two occasions and has
encountered many obstacles since it started on March 19, 2013. At least 150
recusals, complaints, requests for dismissal of judges and others have been
imposed throughout the trial. The process against Ríos Montt and Rodríguez
Sánchez started in 2000 when the Association of Justice and Reconciliation
(AJR) presented the denunciation in the department of Quiché. However, the
tried party that received the document was not likely due to the rain of
legal resources, but to the fact that Ríos Montt maintained immunity from
that year until 2012, when he was no longer a congressperson. "Genocide:
Court condemns Ríos Montt to 80 years and absolves Rodríguez" Prensa Libre,
05/11/13.

*May 9, 2013*
*The Final Battle: Ríos Montt's Counterinsurgency
Campaign*<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB425/>
U.S. and Guatemalan Documents Describe the Strategy Behind Scorched Earth.

http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB425/

------------------------------------------------------------

http://nsarchive.wordpress.com/2013/05/14/rios-montt-convicted-of-genocide-and-crimes-against-humanity-the-sentence-and-its-aftermath/


Rios Montt Convicted of Genocide and Crimes Against Humanity: The Sentence
and Its Aftermath
MAY 14, 2013
by The Archive <http://nsarchive.wordpress.com/author/nsarchive2/>

This post can also be found on the Open Society Justice Initiative
website<http://www.riosmontt-trial.org/2013/05/rios-montt-convicted-of-genocide-and-crimes-against-humanity-the-sentence-and-its-aftermath/>,
created in partnership with the National Security Archive.

By Jo-Marie Burt
[image: Ríos Montt leaves the Guatemalan tribunal, where he is being tried
on genocide charges. (Photo credit: Daniel
Hernández-Salazar)]<http://nsarchive.files.wordpress.com/2013/05/rios-montt-courtroom.jpg>

Ríos Montt leaves the Guatemalan tribunal, where he is being tried on
genocide charges. (Photo credit: Daniel Hernández-Salazar)

On the afternoon of Friday, May 10, 2013, a Guatemalan trial court (High
Impact Court “A”) found General Efrain Rios Montt, former *de facto* head
of state, guilty of genocide and crimes against humanity. The conviction
was for crimes committed against Guatemala’s Maya Ixil indigenous
population during Rios Montt’s 17-month rule in 1982 and 1983. The judge
presiding over the trial court read out an hour-longsummary version of the
tribunal’s ruling <http://ajrguatemala.org/> to a packed courtroom, with
the full judgment to follow.

Rios Montt, 86 years old, was sentenced to 80 years in prison – 50 years
for genocide and 30 years for crimes against humanity, served
consecutively. His house arrest was revoked and the judge ordered his
immediate transfer to Matamoros Prison. His co-accused, Mauricio Rodriguez
Sanchez, former head of military intelligence, was acquitted of both
charges.

The verdict came 30 years after the crimes and 13 years after the complaint
was brought by survivors to the Public Ministry. The trial started on March
19, 2013 in an increasingly polarized environment. The three-judge panel of
presiding judge Yassmin Barrios and her associates, Patricia Bustamante
Garcia and Pablo Xitumul de Paz, overcame several attempts by the defense
to derail the process—including one on the day of the verdict—before a
sentence was finally handed down.

*The Judgment*

In issuing its conviction of Rios Montt on genocide and crimes against
humanity 
charges<http://www.prensalibre.com/noticias/justicia/Extractos-veredicto-Rios-Montt_0_917908232.html>,
the court found that witness and expert testimony proved beyond a
reasonable doubt that, under Rios Montt’s command, the Guatemalan armed
forces elaborated and implemented a series of plans designed to eliminate
the Maya Ixil population as a group, since they considered that the Ixil
supported the guerrillas.

The summary of the judgment relied on testimony and other evidence
presented to the court over the course of the 27 hearings since the trial’s
opening. Judge Barrios identified, with specificity, the testimony of
expert and fact witnesses that formed the foundation of the court’s
judgment. This includes the testimony of more than 90 Ixiles who were
direct survivors of violence or relatives of victims and who testified
before the court, as well as experts from a variety of disciplines and
specialties—forensic anthropologists and archeologists, military experts,
academic experts in racism and state discrimination, forced displacement,
and sexual violence in armed conflict, among others.

The court found that Rios Montt had command responsibility. According to
Judge Barrios, Rios Montt had “full knowledge of what was happening and did
nothing to stop it—having the knowledge of the events, and the power and
the capacity to do so.” To support the finding that Rios Montt had
knowledge of the crimes, the tribunal noted, for instance, that there were
regular reporting requirements (every fifteen days) up the chain of command
to the president, evidenced in the annexes of one of the military
operational plans entered into evidence in the case.

The court also relied on the military expert witnesses—including the
defense’s military expert, General Quilo Ayuso—to find that Rios Montt, as *de
facto *head of state, knew or should have known about the actions
identified in the indictment. (“*[C]onsideramos que el acusado, José Efraín
Ríos Montt, tuvo conocimiento de todo lo que estaba ocurriendo y no lo
detuvo a pesar de tener el poder para evitar su perpetración.*”)

The court further relied on these experts to find that Rios Montt
authorized the military operational plans. The court found that Rios Montt
actively developed the national security plan. It also found that he
ordered the development of *Plan Victoria
82<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB425/>
*, knew of it and authorized its enactment.

The court ruled that the prosecution and civil parties had proved the
concrete crimes identified in the indictment—the murder of 1,771 Ixiles,
the forcible displacement of 29,000, and at least 9 cases of sexual
violence, and various cases of torture. The court described the nature of
the violence deployed against the Maya Ixil as including indiscriminate
massacres, rape and sexual violence against women, infanticide, the
destruction of crops to induce starvation, the abduction of children, and
the forcible displacement and relocation of surviving populations into
militarized “model villages.”

The court also described the forced participation of the population into
self-defense patrols (*patrullas de auto-defensa civil*, or PACs) as a
method of destroying modes of self-governance and undermining local
indigenous authorities—who implemented and enforced the obligation that men
join the patrols.

Drawing on the evidence presented, the court was “totally convinced” that
there was an intention on the part of the Guatemalan army to eliminate the
Maya Ixil as an ethnic group, and that the elements of the crime of
genocide were met. (“*[E]stamos totalmente convencidos de la intención de
producir la destrucción física del grupo ixil.*”) The court found that the
crimes were committed as part of a systematic plan to destroy the Maya Ixil
as a group, and not spontaneous acts. The court found that there was
sufficient evidence presented of planning by the military high command,
including in the aerial bombing campaigns in the mountains which affected
the most vulnerable.

Racism, the tribunal found, was one of the causes of the genocide.

In reading a summary of the judgment, Judge Barrios highlighted that the
military documents themselves demonstrated that, among the objectives of
the armed forces was the destruction, at least in part, of the Maya Ixil,
who it considered to be the enemy. Some of the military operational plans
of the time—*Plan Victoria 82*<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB425/>
, *Plan Firmeza 83*, and *Plan Operacion
Sofía*<http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB297/>—outlined
efforts to systematically attack the Maya Ixil who were perceived to be
rebellious, difficult to control and the social base of the guerrilla.

The court described *Victoria 82 *and *Firmeza 83 *as outlines of the
military objectives, and*Operacion Sofia *as the concrete
operationalization of these objectives. For instance, telegrams
annexed to *Plan
Operacion Sofia *establish that children were captured and detained in
military installations, and that the military had control of the population.

The court found that the Army, under Rios Montt, did not distinguish
between unarmed civilians and people who were armed. The court also noted
the killing by soldiers of fetuses—“the seed that has to be eliminated”—as
support for the finding of sufficient intent to commit genocide.

Women were raped, Judge Barrios said, not only as the “spoils of war,” but
as part of the systematic and intentional plan to destroy the Ixil ethnic
group by exercising violence on women’s bodies as a way to destroy the
social fabric and thereby ensure the destruction of the Ixil population.
Judge Barrios made specific reference to the testimony of one woman, who
narrated how she was raped by more than 20 soldiers while she was held
prisoner in a military base. The tribunal noted that sexual violence
results in pain and suffering that is still experienced by many of the
women, and that the violence has an inter-generational effect, noting that
women reproduce life as well as culture.

The tribunal made reference to the forensic evidence presented in court, as
well as statistical evidence presented by Patrick
Ball<http://www.riosmontt-trial.org/2013/04/prosecution-experts-testify-on-psychological-cultural-statistical-and-gender-issues/>
showing
that 5.5% of the Ixil population had been killed during the period in
question—with the Ixil killed at a rate eight times higher than that of the
ladino population.

Rodriguez Sanchez was acquitted of all charges. The court found that, as
director of intelligence, Rodriguez Sanchez did not have command
responsibility, and that his responsibility for and involvement in the
crimes had not been sufficiently established.

The court relied in part on the prosecution’s military expert, Robles
Espinoza, who stated that the military intelligence unit (D2) was not
involved in operations and could not authorize any actions. (“*D2 no tiene
injerencia en el campo de operaciones y no se le puede responsabilizar de
ninguna acción.*”) The court did recognize that Rodriguez Sanchez, in his
role as director of military intelligence, elaborated the military
operational plans.

Despite Rodriguez Sanchez’ acquittal, the court ordered him to remain
detained (in a military hospital), as he has been, until the sentence is
final (*firme*). According to his lawyer, the sentence should be entered on
Friday, May 17, but it could take up to four months before the sentence is
considered final.

In her concluding remarks, Judge Barrios stated, “without justice, there
will be no peace.” She affirmed that the implementation of justice helps
with the recognition of the truth and the assurance that these types of
crimes will not be repeated. She further ordered the Public Ministry to
continue its investigations of others who may have responsibility for these
crimes.

The tribunal scheduled two further hearings—on Monday, May 13 at 8:30 am to
hear the court’s ruling on reparations for the victims; and on Friday, May
17 at 3 pm for the reading of the full judgment.

*The Courtroom: Before and After the Verdict*

The mood was tense in the hours leading up to the sentencing. Witnesses,
observers, and the press filed into the courtroom for the 8 am
hearing<http://www.riosmontt-trial.org/2013/05/judgment-in-genocide-trial-expected-today-at-4-pm-despite-pre-trial-judges-call-for-trials-annulment/>.
That final hearing of the trial included only Rodriguez Sanchez’s final
statement and a call for the parties to reconvene at 4 pm for the verdict.
Many observers, fearful that they would not be able to get back into the
building, or that there would be no more space in the courtroom, remained
until the sentencing in the afternoon.

Early in the day, Judge Carol Patricia Flores, a pre-trial judge who
handles evidentiary and other matters in connection with the case,
generated uncertainty when she emitted a ruling re-affirming her April 18
annulment of the trial and its regression to November
2011<http://www.riosmontt-trial.org/2013/05/judgment-in-genocide-trial-expected-today-at-4-pm-despite-pre-trial-judges-call-for-trials-annulment/>—a
time before the indictment of either Rios Montt or Rodriguez Sanchez. Some
legal experts assured those present that once the oral phase of the trial
was completed, no further injunctions could prevent the sentence from being
handed down, but the uncertainty remained until the judges returned to
issue the verdict just after 4 pm.

By the afternoon, the courtroom was packed to standing room only, and many
struggled to enter. At the end of a turbulent week, expectations were high.

Supporters of the former head of state applauded Rios Montt’s entry into
the courtroom before the verdict was read, and strongly criticized the
verdict afterwards. Family members of the two defendants were in the
courtroom, including Rios Montt’s daughter, Congresswoman Zury Rios Montt,
as well as members of the Guatemalan Association of Military Veterans
(AVEMILGUA) and the Foundation Against Terrorism (*Fundacion Contra el
Terrorismo*), who have staunchly opposed the trial.

They were far outnumbered, however, by survivors, relatives of victims, and
their supporters, who cheered in elation in response to the tribunal’s
verdict. Among those in attendance were Rigoberta Menchú, who brought the
first genocide case against Rios Montt before a Spanish court (*La
Audiencia Nacional*), and Helen Mack Chang, sister of Myrna Mack, who was
killed in 1990 by members of the Presidential High Guard (*Estado Mayor
Presidencial*) due to her work researching violence and its aftermath among
Ixil and other Mayan communities.

Immediately after the pronouncement of the verdict, chaos broke out as it
seemed that Rios Montt, with his attorney, Francisco Garcia Gudiel, was
perhaps trying to leave the courtroom through a side door. Judge Barrios
shouted that Rios Montt could not be permitted to leave without police
escorts transporting him directly to prison.

“The sentence is condemnatory, and it must be implemented,” Judge Barrios
called out, her voice trembling. She ordered security to protect the two
exits while she sought the support of the police and the Office of the
Human Rights Ombudsman (*Procuradoria de Derechos Humanos*).

Judge Barrios also shouted to Rios Montt’s attorneys: “As lawyers you must
not obstruct the application of justice!” Judge Barrios told the lawyers
that they could leave, but that the accused was prohibited from leaving.
She restated that the panel of judges would remain in the courtroom until
the police arrived to escort Rios Montt to prison. Judge Barrios urged the
people in the gallery to begin filing out in an orderly fashion, though
most remained until after Rios Montt was transported to prison.

Judge Barrios struggled to maintain order in the courtroom, and it took at
least 30 minutes for the police escorts to arrive even though it had been
anticipated that a verdict would be announced at that time. Security
arrangements seemed improvised at best.

The press corps contributed to the chaos. Journalists and photographers
swarmed around Rios Montt to register his reaction to the verdict. The
press ignored the judge’s repeated and strident demands that they step back
from Rios Montt, instead continuing to register his declarations. At one
point, the defense table collapsed under the weight of all the press
leaning or sitting on it to get a shot of the now condemned general.

Eventually the National Police arrived, and the chaotic situation
dissipated.

As calm returned to the courtroom, the crowd began to sing a poem by Otto
Rene Castillo: “Here, no one cried / Here, we only want to be human / Eat,
laugh, fall in love, live / Live life, not die.” The song and its haunting
words evoked the memory of those who died in Guatemala’s internal armed
conflict.

At around 6 pm, Rios Montt was escorted out of the courtroom to a cell at
the Matamoros military base. As he left the room, more applause and
chanting ensued: “Justice! Justice! Justice!” “This is what a real judge
looks like!” And, simply, “Yassmin! Yassmin!,” recognizing the tribunal’s
presiding judge. Some of the Maya Ixiles stood up and called out
“*Tantixh*!”—thank
you!—to the three judges, bowing their heads. Judge Barrios replied with
appreciation of the recognition, but with insistence that “we are only
doing our duty.”

In the minutes between the verdict and Rios Montt’s departure to Matamoros
Prison, Rios Montt spoke willingly to the assembled
press<http://www.abc.es/internacional/20130511/abci-rios-montt-apleacion-ilegal-201305110340.html>.
According to media reports, he claimed that the tribunal was “an
international show trial that will affect the heart and soul of the
Guatemalan people.” He affirmed that he was at peace, despite the court’s
verdict, as he believed he had obeyed the law and not caused bloodshed of
his “brothers.” (“*Es un show político internacional que va a afectar el
alma y el corazón del pueblo guatemalteco, pero nosotros tenemos paz porque
nunca derramamos o no nos manchamos las manos de sangre de nuestros
hermanos.*”)

In contrast to the statements of his most ardent defenders, who have
asserted that the country needs to avoid prosecutions to prevent
destabilization, Rios Montt said “the only way to have peace is through
justice<http://www.abc.es/internacional/20130511/abci-rios-montt-apleacion-ilegal-201305110340.html>.”
However, he insisted that justice was lacking in the court’s sentence. (“*La
única manera de tener paz es haciendo justicia y precisamente de eso
adolecemos hoy.*”)

Rios Montt further stated that the judgment was not grounded in law and
would be overturned, and that the judges ruled based on “institutional or
personal” interests rather than the interests of the country.

Rios Montt’s attorney, Garcia Gudiel, said that there were 12 pending legal
challenges, and also asserted with confidence that the judgment would fall
on appeal.

*Reactions to the Verdict*

The impact of the Rios Montt judgment has been hailed as historic. For the
first time, a domestic court has proven capable of investigating,
prosecuting and sentencing an accused former head of state for genocide.
The Rios Montt trial and verdict are being discussed as an example of
justice for Latin America and the world.

At the same time, due to the fact that the process unfolded in a context of
massive and recurring legal and political challenges, many observers
questioned at various stages whether this demonstrated that the obstacles
to such a prosecution were too monumental for the Guatemalan justice
system. The numerous legal challenges lodged at different judicial
authorities stymied the trial for several weeks, and left even some of the
lawyers confused. The prosecution and civil parties repeatedly identified
their perception that the defense used these *amparos*, or constitutional
challenges, as a way to threaten the continuation of the trial, rather than
as legitimate efforts to protect the rights of the accused.

Further, at some critical instances, some highlighted that the trial
demonstrated the risks of political interference and corruption. At the
start of the trial, President Otto Perez Molina stated that, in his view
and based on personal knowledge, he did not believe that there was
genocide<http://www.riosmontt-trial.org/2013/03/trial-to-start-despite-last-minute-legal-challenges/>
in
Guatemala. After the temporary suspension of the trial, high-profile former
government officials identified that the charges and the trial threaten to
destabilize the country; soon after, President Perez Molina strongly
endorsed this 
view<http://www.riosmontt-trial.org/2013/04/legal-challenges-and-public-debates-mount-in-guatemala-while-the-constitutional-court-deliberates/>.
By this point, a witness had already implicated the president in
controversial 
testimony<http://www.riosmontt-trial.org/2013/04/day-10-witness-implicates-president-perez-molina-in-massacres/>
.

President Perez Molina’s position shifted markedly as the trial progressed.
After the judgment, President Perez Molina insisted that he respected the
independence of the
judiciary<http://guatemala.gob.gt/index.php/2011-08-04-18-06-26/item/3745-presidente-respeta-decisi%C3%B3n-de-tribunal>and
the trial’s judgment in this case. He highlighted the verdict as an
“opportunity” for reconciliation. However, he also noted that the sentence
against Rios Montt had not yet been ratified. Moreover, he repeated his
long-stated assertion that in Guatemala “there was no
genocide”<http://www.plazapublica.com.gt/content/quiero-que-alguien-me-demuestre-que-hubo-genocidio>—qualifying
this that it was “based on [his] experience.” In an extendedinterview with *CNN
En Español* <http://www.youtube.com/watch?v=udtJ5PNawvg> after the
conclusion of the trial, the president was forced again to confront the
fact that a witness in the case had explicitly implicated him in related
crimes.

The environment around the trial became increasingly polarized as it
progressed, and that did not dissipate after the verdict. Throughout the
trial, high-profile voices in Guatemala vociferously challenged criminal
prosecutions of military officers for human rights violations. They
contested that a genocide ever occurred and viewed the prosecution as
undermining the role of the military in saving the country from falling
into the hands of communist rule.

After the verdict, on Sunday, military families marched in front of the
Matamoros military base in support of Rios Montt. Also on Sunday, the
powerful business association CACIF (the Coordinating Committee of
Agricultural, Commercial, Industrial, and Financial Associations)called for
the verdict to be
overturned<http://www.cacif.org.gt/index.php?option=com_content&view=article&id=1044&Itemid=468&lang=es>.
CACIF rejected the tribunal’s legal reasoning, saying the intention to
commit genocide had not been adequately demonstrated; charged the tribunal
with violating due process and other procedural guarantees; and insisted
that the sentence was politically motivated, fuelled polarization and
undermined the rule of law in Guatemala.

In the end, the recognition of the significance of the judgment was hailed
by domestic and international
actors<http://www.espanol.rfi.fr/americas/20130511-organizaciones-internacionales-aplauden-el-fallo-contra-rios-montt>.
The Center for Legal Action for Human Rights (CALDH), one of the civil
parties to the genocide trial, applauded the verdict, affirming that the
judgment “confirms what has been claimed over the past 30 years, and
acknowledges that crimes against humanity should be punished in order to
ensure that they never again occur.”

Sebastian Elgueta, representing Amnesty International, stated: “With this
conviction, Guatemala leads by example in a region where entrenched
impunity for past crimes sadly remains the norm.” James Goldstone,
Executive Director of the Open Society Justice
Initiative<http://www.riosmontt-trial.org/2013/05/476/>,
identified that this verdict demonstrates that accountability “for the
gravest international crimes” is possible “despite the considerable
political challenges that such prosecutions can face.”

The U.S. Embassy in Guatemala also issued a
statement<http://www.lahora.com.gt/index.php/nacional/guatemala/actualidad/177567-ee-uu-llama-a-respetar-la-legitimidad-y-la-integridad-del-proceso-contra-rios-montt>
on
Sunday recognizing the verdict as important for the rule of law in
Guatemala and an opportunity for “true reconciliation” and progress
forward. In its statement, the Embassy highlighted that “it was not
Guatemala, as a country, that was on trial, but two individuals, one of
whom was acquitted and the other convicted.”

For Helen Mack, a Guatemalan human rights defender, the trial marks a
watershed for Guatemala—the first time Guatemala’s indigenous population
have had an opportunity to make their voices heard in a court of law, and a
demonstration that truth and justice for the victims can be achieved
through peaceful, democratic means.

Benjamin Geronimo, on behalf of the survivors’ group Justice and
Reconciliation Association <http://www.youtube.com/watch?v=hQl9U-wxi7M>,
the civil party which initiated the case, recognized that this conviction
is important but only part of a larger struggle. There will be certain
appeals, and according to Geronimo, there should also be further
prosecutions.

*Emi MacLean, Legal Officer of the Open Society Justice Initiative,
contributed to the research and writing of this blog.*


[Non-text portions of this message have been removed]



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