Guatemala: After high court collapses genocide case, trial may have to restart

Ríos Montt's attorney, Francisco García Gudiel. Photo: El Periodico, Guatemala. "They must restart the trial," he told the paper today.

In Guatemala today, confusion and concern around what will become of the historic trial that found former US-backed military dictator Ríos Montt guilty of genocide and crimes against humanity. Just 10 days after that trial ended in an 80-year prison sentence for the former general, the nation's Constitutional Court this week overturned the trial and threw out the verdict. Background here and documents here, in previous Boing Boing posts.

Ríos Montt's attorney Francisco García Gudiel (whom critics in Guatemala sometimes refer to as an "abogangster") says the trial must restart: "You have to cancel the whole process and begin a new trial with new judges."

Without saying it, they threw out everything," plaintiff and human rights attorney Hector Reyes told Reuters. "There is no appeals process for their decision." Read the rest

Guatemala justice events in NYC today, May 22; and in DC on May 29 with Xeni

Photo: Protest, Guatemala City, April 19, 2013. James Rodriguez/mimundo.org.

Here's info on two special events in NYC and DC with visiting speakers from Guatemala talking about human rights accountability in Guatemala, where the historic genocide trial of former US-backed military dictator Ríos Montt has just been overturned. Both events are free of charge, but you need to RSVP. Read the rest

Guatemala: Genocide trial annullment amplifies chaos and fear

"I'm distressed. I don't know what's happening. That's how this country is. The powerful people do what they want and we poor and indigenous are devalued. We don't get justice. Justice means nothing for us."— Ana Caba, an Ixil Maya survivor of Guatemala's 36-year internal armed conflict. Read the rest

Guatemala: Archive of documents from Rios Montt genocide trial, overturned 10 days after guilty verdict

May 9, 2013: A public art project in Guatemala City, one block from the courth where Rios Montt was convicted on May 10. "Si hubo genocidio," the sign reads. "Yes, it was genocide." Photo: Xeni Jardin.

As reported last night, the Constitutional Court of Guatemala has effectively tossed out the final phase of the genocide trial of José Efraín Rios Montt. The former US-backed military dictator had been sentenced by another Guatemalan high court just 10 days ago to 80 years in prison for genocide and crimes against humanity, but pressure from the defense team and from the country's deeply conservative oligarchy and ex-military sector led to a historic reversal in what was already a historic trial. It seems likely now that the man who, on May 10, was declared guilty in the deaths of 1,771 Ixil Maya and the mass rapes by Army soldiers of countless indigenous women will be allowed to go free.

What happens with the case here is unclear. Ríos Montt will likely be released today, but many involved with the prosecution (as well as press and international observers) have already fled the country under threats from those who sought to overturn the trial. Justice in Guatemala has a long way to go.

Here are PDF archives of relevant documents in the case, for those who would like to study the courts' rulings and try and understand for themselves. Read the rest

Guatemala: Nation's highest court throws out Ríos Montt genocide trial verdict and prison sentence

Ríos Montt testifying in his defense in Guatemala City, May 2013. Photo: Xeni Jardin.

Late-breaking news from Guatemala City: Impunity reigns in Guatemala tonight.

The Constitutional Court, the highest court in Guatemala (like the US Supreme Court), has just voted to annul the proceedings in the Rios Montt genocide trial from April 19th onward. That was the date on which the trial was temporarily suspended, when defense attorneys initiated a conflict between courts over which judge should oversee the case.

On May 10, Rios Montt was found guilty of genocide and crimes against humanity, and sentenced to 80 years in prison. That verdict and sentence were today thrown out by the Constitutional Court.

Three Constitutional Court judges voted in favor of the annulment. Two voted against. The court today also upheld the not-guilty verdict in the case of Rios Montt's former head of intelligence (the director of the notorious G-2 unit), José Mauricio Rodríguez Sánchez. Read the rest

Guatemala awaits Constitutional Court rulings, defense continues legal challenges to genocide trial

Jose Efraín Ríos Montt, moments after being declared guilty of genocide and crimes against humanity in a Guatemala City court, May 10 2013. Photo: James Rodriguez.

At the Open Society Justice Initiative's riosmontt-trial.org blog, a good synopsis of the post-genocide-trial verdict legal hijinks in Guatemala. Snip: Read the rest

Victoria Sanford: "It’s Too Soon to Declare Victory in Guatemalan Genocide"

It’s too soon to declare victory in Guatemala, writes anthropologist Victoria Sanford in a New York Times op-ed today. "There is serious evidence that the current president, the former military commander Otto Pérez Molina, who took office in January 2012, may have been involved in the same mass killings for which General Ríos Montt has now been convicted." And, what's more: rumors circulating in Guatemala today that the Constitutional Court, the nation's highest legal body, may throw out the verdict. News is expected Wednesday mid-day Guatemala time. Read the rest

Xeni on PBS NewsHour, in Guatemala: Ríos Montt genocide verdict and aftermath

Before leaving Guatemala today, I spoke with PBS NewsHour host Hari Sreenivasan about the aftermath and significance of Friday's court decision to convict former US-backed military dictator Rios Montt of genocide and crimes against humanity.

The report is archived here on YouTube, and here on the PBS NewsHour website with a full transcript, also below.

Related: My reporter's notebook on NewsHour from Guatemala, and a full report on the trial I produced with Miles O'Brien. Read the rest

Xeni on PBS NewsHour tonight: Guatemala genocide verdict, aftermath, significance for the future

Xeni live-blogging from the court in Guatemala City where Rios Montt was convicted of genocide and crimes against humanity in an historic trial. Photo: James Rodriguez, mimundo.org

On PBS NewsHour tonight, I spoke with Hari Sreenivasan about the aftermath and significance of Friday's court decision to convict former US-backed military dictator Rios Montt of genocide and crimes against humanity.

Tune in live here. The report will be archived here on YouTube, and here on the PBS NewsHour website. Read the rest

Guatemala: Judges rule on reparations; no land to be returned to Ixil victims

An Ixil woman in the genocide tribunal courtroom, one hour before the guilty verdict was handed down in the trial of Rios Montt. Photo: Xeni Jardin.

Following the conviction of Guatemala's former military dictator Rios Montt on Friday, judges met today to consider reparations for victims. While the genocide will be commemorated and formal apologies made to his victims, property taken from them during the worst years of civil war will not be returned.

The court ruled for 12 forms of reparation, in accordance with Convention 169, ratified by Guatemala in 1996 (same years as peace accords). The Guatemalan state must apologize to victims, and include them in Reparations Law.

But significantly, judges denied plaintiff's request that stolen land be returned.

The sole economic request made by victims was return of land stolen during the seventeen-month '82-'83 Rios Montt regime. Judges denied this, serving a major defeat to the victims. Read the rest

Guatemala: Rios Montt supporters protest; court considers reparations for genocide victims

Photo: James Rodriguez/mimundo.org. View his full photo-essay here.

[Guatemala City] On Friday, a court in Guatemala convicted former US-backed military dictator Rios Montt of genocide and crimes against humanity, in an historic trial: this was the first time a domestic court in any nation has convicted a former head of state for these crimes.

His co-defendant Jose Mauricio Rodriguez Sanchez, the head of the G-2 intelligence division under Rios Montt's 17-month regime, was absolved of all charges.

The court's full decision is due to be released today. Read the rest

Rios Montt found guilty of genocide and crimes against humanity

Brigadier General José Efraín Rios Montt (center, in headphones) awaits the verdict of his trial on charges of genocide and crimes against humanity. Photo: mimundo.org

Former Guatemalan dictator José Efraín Rios Montt was found guilty of genocide and crimes against humanity today at his trial in Guatemala City. He was immediately sentenced to 50 years imprisonment on the genocide charge, with an additional 30 years on the charge of crimes against humanity.

"The damage incurred is irreperable," said Judge Jazmin Barrios, reading the court's verdict to a packed courtroom. "As de facto president, it is logical that he had full knowledge of what was happening and he did nothing to stop it." Read the rest

Guatemala: Waiting. Snapshots from Ríos Montt genocide trial courtroom, verdict imminent

Photo: Xeni Jardin

[Guatemala City] -- Above: Elena Caba Ijom of Nebaj, El Quiché, Guatemala, reads news about the trial as all of us in the courtroom here await a verdict in the genocide trial of Rios Montt and Mauricio Rodriguez Sanchez.

The judges are expected to announce their decision at 4pm local time, despite new calls for annulment from a lower court.

Ms. Caba Ijom told this reporter she was 8 years old when her entire family was killed by the Army in 1982. Soldiers then tied her hands and feet and threw her into a river, breaking her legs.

"I survived," she said. Read the rest

Guatemala: 1982 MacNeil/Lehrer on reports Ríos Montt committed atrocities against Ixil Maya

[Guatemala City] -- In this 1982 episode of MacNeil/Lehrer NewsHour (now PBS NewsHour), Jim Lehrer and Charlene Hunter Gault report on violence and instability across Guatemala and the actions of Efrain Rios Montt, the man at the center of a genocide trial due to reach a verdict today.

This archival episode includes rare footage from Ixil "model villages," which witnesses in this trial described as concentration camps where atrocities took place. The 1982 report also includes footage of General Ríos Montt addressing the nation in his military "sermons" that were transmitted every Sunday night at 7pm.

"Subversives, take note," the General says in the televised address, excerpted in this program. "Only the Guatemalan army will possess weapons. You put yours down. If you don't put them down we'll take them away from you. Listen further and listen well. No more assassinated people will appear on the roadside. Anyone who is outside the law will be executed." Read the rest

Guatemala: 1983 "MacNeil/Lehrer Report" on debate over military aid to Ríos Montt's regime

From the archives of the program that became PBS NewsHour, an archival episode from 1982 during the military dictatorship of José Efraín Ríos Montt. In this episode, Robert MacNeil and Jim Lehrer report on political battles in Washington over the Reagan administration's funding and military aid to Guatemala, as violence and instability there continued and reports of atrocities in indigenous communities spread.

Today, May 10, 2013, I am blogging from a courtroom in Guatemala, where a verdict is due for the former head of state and his former head of intelligence. They are charged with genocide and crimes against humanity.

Watch the NewsHour piece I produced with Miles O'Brien about the trial. Read the rest

Guatemala: Likely sentence today in Ríos Montt genocide trial

Photo: Former de facto head of state Efrain Rios Montt takes the stand, speaking in his defense for the first time since the trial began on March 19, 2013. Photo: James Rodriguez, mimundo.org.

Greetings from the court in Guatemala City, where the trial of US-backed military dictator Efrain Rios Montt may today reach its conclusion. A verdict (and if guilty, a sentence) is expected to come at 4pm local time, when the court of Judge Yassmin Barrios is scheduled to reconvene.

Separately today, Judge Carol Patricial Flores issued a decision reaffirming her earlier mandate, in a lower court, that the trial must be suspended and returned to an earlier point in November, 2011 (before any victims testified). The intramural legal conflict between these two courts, and the Constitutional Court, continues, but so will the trial: Judge Flores' decision does not change Judge Barrios' plan to issue her court's decision. Read the rest

Guatemala: "I am innocent," Ríos Montt tells court in genocide trial, breaking silence

Photo: A still from iPhone video of Ríos Montt speaking, in his defense, for the first time on Thursday May 9, 2013, in Guatemala City. (Xeni Jardin)

As the trial of Guatemala's former military dictator, José Efraín Ríos Montt, and his then head of intelligence, José Mauricio Rodriguez Sanchez, moved toward its conclusion this afternoon in Guatemala City, an unexpected thing happened: Ríos Montt asked to speak. He has remained mostly silent since the trial began on March 19. Today, he spoke in his own defense for the first time.

"I was not a commander," Ríos Montt shouted before the court just now, arguing his innocence, "I was head of state! I never authorized any plan to exterminate the Ixiles. There is no evidence to prove otherwise." Read the rest

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