Guatemala Human Rights Commission/USA

Justice and Impunity: 2010

December 10, 2010: President Colom designates Claudia Paz as the new Attorney General. Claudia Paz y Paz Bailey was announced as the next Attorney General in Guatemala yesterday afternoon. She is the first women to fill the position. The lawyer has a doctorate in criminal law in Spain and Chile, worked with Comparative Studies in Criminal Sciences (IECCP), and served as a judge. This was the second process to elect a new Fiscal General in the past few months. The last nominee, Conrado Reyes, was denounced by the Cicig, causing the Constitutional Court to annul his nomination. With regards to Paz y Paz, Colom said “I believe that the new AG will make history and truly banish impunity from this country. Her experience confirms that she will make justice equal for everyone.”

Paz y Paz indicated that she will work to relieve victims, but that she cannot do the work alone. “This battle cannot be fought by the Public Prosecutor's Office alone, as the economic and human resources aren’t sufficient; for that reason, I call on society to unite in this struggle.” The international community has shown support for this decision. U.S. Ambassador Stephen McFarland said that the selection of Paz y Paz was excellent and that she had a perfect plan for the job. [Prensa Libre]

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December 3, 2010: Case of assassination of Claudina Isabel Velasquez declared admissible by IACHR. On December 10, 2007, the IACHR received a petition on behalf of the Guatemalan Institute of Comparative Studies in Criminal Sciences and Jorge Rolando Velásquez Durán against the State of Guatemala for " failure to investigate the murder of Claudina Isabel Velásquez in August 2005 in Guatemala City, allegedly committed during a time of systematic violence against women.” Full article.

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November 15, 2010: Controversial Start to Early Election Campaign - IPS- Guatemala's election campaign got off to a controversial and premature start, with an evangelical pastor, a military officer, a former president, the president's wife and the daughter of a general who led a coup emerging as presidential hopefuls, although three of them face legal barriers to their candidacy, according to experts. [...] Read full article, by Danilo Valladares of IPS.

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November 15, 2010: CICIG meets resistance from Guatemalan political and business elite. Eduardo Stein, one of the instigators at the UN International Commission Against Impunity (CICIG) - and former Guatemalan Vice-President - has now accused the CICIG of "going out of control" for filing extra-judicial execution charges against top officials of his government for alleged involvement in the murder of prison inmates.  Stein, as well as other businessman, have requested that be put other local political control, a move that Dall'Anese sees as a campaign to dismantle the CICIG. The CICIG, which was ratified in 2007, has been the only body able to successfully investigate and prosecute powerful members of Guatemala's organized crime networks. Nearly half of Guatemalan territory is controlled by drug gangs and other criminals and 96% of murders go unsolved. [AP/Washington Post]

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November 3, 2010: More than one million archives of military operations have been sorted and filed. The project has documented and organized documents, archives, and photographs about operations, military plans, illegal adoptions and forced disappearances. The majority of the documents and photographs are from the now defunct Estado Mayor Presidencial (the body responsible for the protection of the president and served as a military intelligence agency). The archives have become a tool for investigation into the armed conflict and to help with historical memory. [Prensa Libre]

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October 29, 2010: Two ex-members of the National Police get 40-year sentence in Fernando Garcia case. A judge of the Eight District Court sentenced Hector Roderico Ramirez Ríos and Abraham Lancerio Gómez, holding them responsible for the forced disappearance of Fernando Garcia 26 years ago.  A key component of the trial and outcome was the recording that Daniel Chinchilla, Garcia's comrade, made the day they were both captured, as well the historical archives of the National Police. Two other men involved in Garcia's disappearance Hugo Rolando Gómez Osorio and Alfonso Guillermo De León, are still fugitives. [Prensa Libre]

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October, 26, 2010: Goldhagen believes not trying Ríos Montt would be “bad for the world.” Daniel Goldhagen, a historian and political scientist who has written many influential books on genocide condemned impunity in Guatemala and called for General José Efraín Ríos Montt to be put in jail for his role as the mastermind behind the Guatemalan genocide in the 80s. Ríos Montt, who Goldhagen sees as the “Hitler of Guatemala,” has a case that is still open in the National High Court of Spain for crimes of genocide. “It’s tragic for the victims, but it’s also bad for the world because every time we bring the mastermind of genocide before justice to receive a punishment, the message for future masterminds is that they will encounter a similar sentence.” After conducting an interview with Ríos Montt in 2008 for Goldhagen’s upcoming book, Worse Than War, Goldhagen lamented that “one of the worse mass murderers of our time walks free, laughing at the world and living a good life.” Ríos Montt is reluctant to face the charges in the Spanish court, introduced in 1999 by Rigoberta Menchú and it is unlikely that officials in Guatemala will extradite him to Spain. Frustrated by the lack of action, Goldhagen calls for countries in power to create a “true international anti-genocide system” that would stop horrific acts like those committed by Ríos Montt. [Prensa Libre]

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October 20, 2010: Archila elected as new President for Guatemala’s Supreme Court. Luis Arturo Archila Larayees will be sworn in next week, replacing Erick Alvarez.  The decision was made in a session that lasted 7 hours yesterday.  The original candidate of the group was Gabriel Medrano, but his lack of unanimous approval led to Archila's nomination.  Archila pledged to work for the transparency of the court, as well as strengthening the justice system throughout the country.  He will preside over the selection committee for Attorney General with Cesar Barrientos acting as his advisor.  [Prensa Libre]

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September 7, 2010: Congress passes Law for the National Prevention of Torture. The efforts of various politicians, human rights organizations, and Guatemalan citizens paid off today when decree 40-2010 for the Prevention of Torture and other Cruel and Unusual Punishment was approved in Congress.  The law will allow for a sector devoted to these issues, commissioned by Congress but not subordinate to any other institution.  The purpose of the office will include evaluation and monitoring of the treatment and conditions of those in detention centers or other places where torture could occur, and strengthening efforts against such actions.  Congress, in collaboration with  Human Rights Commission of the Parliament, will be in charge of naming the members.

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October 1, 2010: Selection Commission for Attorney General has final list of 40 candidates. The submission period for applications closed yesterday; of the 40 candidates, 26 are new and 14 have previously participated in the process.  Of the 14 previous participants, five had received objections from the CICIG.  The 26 new applicants include ex members of the Public Prosecutor’s Office (MP), advisor to the MP, 2 judges of the Third District Court of Appeals, and the current Attorney General, Maria Mejía (as well as her brother in law, Ramiro Contreras).  The president of the Commission, Cesar Barrientos, expressed his satisfaction with the current candidates and has assured that the process will continue with transparency.  The 40 names can be found in the Siglo XXI article.

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September 16, 2010: Ex-Guatemalan soldier gets 10 years in US prison. A former Guatemalan soldier who admitted participating in a 1982 massacre in his homeland has been sentenced to 10 years in U.S. prison for making false statements on citizenship forms. A federal judge in Florida imposed the maximum sentence Thursday on 54-year-old Gilberto Jordan. Jordan pled guilty to lying on U.S. citizenship forms about his military service and role in the massacre in that Central American country. [AP]

Present at the hearing was Kate Doyle of the National Security Archives, who reported on the historic hearing in a recent blog post:

[...] Calling the crime “reprehensible,” the judge stated that he was “unaware of a more serious basis of immigration fraud than the mass murder of innocent civilians.” He pointed out that by achieving citizenship Jordán hid his brutal past from the United States government and from “his neighbors,” and avoided justice in Guatemala. In calling for the maximum of ten years, Zloch said, “Anything less would be totally inadequate as just punishment for this crime.” [Complete blog post]

The implications of this verdict are profound for Guatemala and its struggle against impunity. It will provide momentum for other paradigmatic cases in Guatemalan courts, as well as set an important precedent for other human rights abusers who reside in the United States.  Read background on the case.

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August 31, 2010: Expand the work of the CICIG? On August 14th, President Colom asked the UN to extend the work of the Commission for four more years, as well as expand its mission to include war crimes cases from the past. The proposal is controversal; some Guatemalan politicians and analysts believe this would only harm the mission and effectiveness of CICIG. The terms of CICIG are scheduled to end in exactly one year (September 2011). [La Hora]   

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August 30, 2010: Organizations call for investigations on the International Day of the Disappeared. The Mutual Support Group (GAM) put out a detailed report detailing the long history of forced disappearance in Guatemala, the lack of justice, and recommended steps for the government to take. There were over 45,000 people disappeared during Guatemala's internal armed conflict and almost no investigation by the government. GAM and a coalition of organizations are calling for the government to pass a law to find the disappeared. (GHRC has supported this proposal, Law 3590.) See also: Albedrio.

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July 16, 2010: Nine recieved their sentences for the murder of Rodrigo Rosenberg. Rosenberg was a prominent lawyer and businessman who was assassinated on May 10, 2009. Jose Ruano has the highest sentence with 48 years for assassination, illegal association, and the illegal possession of firearms. Lucas Santiago-the man who shot Rosenberg-Idelmo Lopez, and William Santos were all sentenced to 38 years for assassination and illegal association. The rest were sentenced to somewhere between 8 and 10 years for illegal association, among other things.

Read English Article in Miami Herald//Lea Articulo en Español en Prensa Libre

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July 3, 2010: Strains in Guatemala’s Experimental Justice System. Guatemala’s justice system is experiencing a political struggle between the International Commission against Impunity (CICIG), the Guatemalan government, and groups trying to infiltrate the justice system. The struggle led to the resignation of the CICIG’s commissioner, Carlos Castresana, and the removal of the Attorney General, Conrado Reyes. (Castresana’s replacement is Dall’Anese of Costa Rica. The replacement for the Attorney General is still pending.)

The major cases pursued by CICIG include that of former president, Portillo, and his defense minister and of two former national police chiefs. The charges include the embezzlement of millions of dollars and involvement with drugs.

There is some question as to whether CICIG is doing enough; examples given are the case of Vinicio Gomez and Jose Emanuel Mendez. Both were murdered for their efforts against drug-trafficking. Although some might question CICIG’s efforts, both Helen Mack and Nineth Montenegro supported CICIG. The CICIG’s mandate is scheduled to end in 2011, unless it is renewed. [NY Times Editorial]

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July 2010: UDEFEGUA mid-year report on the situation of human rights defenders in Guatemala

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June 30, 2010: Attorney General of Costa Rica will replace Carlos Castresana as head of CICIG. The Secretary-General of the United Nations, Ban Ki-Moon, named the attorney general of Costa Rica, Francisco DallAnese Ruiz, as the new leader of the International Commission against Impunity in Guatemala (CICIG), which fights against the infiltration of the government by criminal organizations.

The spokesperson for the United Nations, Farhan Haq, signaled that the Costa Rican lawyer, who is known for his fight against drug-trafficking, will take the place of Carlos Castresana who resigned on June 7 because of discrepancies in the performance of the Guatemalan government.

DallAnese Ruiz occupied the position of attorney general in Costa Rica since 2003 where he was “a firm opponent of drug-trafficking and organized crime, and advanced important cases against corruption,” announced Haq at a press conference.

Haq also praised Castresana for his excellent work as head of CICIG for the past two years; “the achievements of CICIG while Castresana was in charge warranted praise from Guatemalan authorities, civil society, and the international community.”

The United Nations emphasized DallAnese Ruiz’s role in the passage of legislation in Costa Rica against organized crime. He is also recognized in Costa Rica for his work in this area.

Another credential is his position as alternate magistrate for the Supreme Court in Costa Rica. He studied criminal law at the University of Costa Rica and has written five books about special areas within law. [Prensa Libre]

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June 28, 2010: After turning themselves in, judge will listen to the statement of the Valdés Paiz brothers. In a surprising move, Francisco and José Estuardo Valdés Paiz, who were the key organizers in the assassination of the lawyer Rodrigo Rosenberg Marzano, handed themselves into the International Commission against Impunity in Guatemala this Monday morning. Both were categorized as fugitives as of December 10, 2009.

At 10 o’clock, the brothers were transferred to the Tenth Criminal Court, where they will be heard for most of the day by Judge Verónica Galicia. They will receive protection from the CICIG and National Civil Police (PNC).

The Valdés brothers participated in the murder of Rosenberg, which happened on May 10, 2009, and on learning of the orders for their capture emitted by the Tenth Criminal Court, they fled. According to the testimony of one of the prisoners (who faced judgment the same day), the Valdés Paiz gave a description of Rosenberg and paid them to commit the crime.

During the six months that the brothers were fleeing from prosecution, the Public Ministry and the Police raided multiple buildings in the capital and province in order to seize documents and gather information on their whereabouts.

The brothers were entrepreneurs in the pharmaceutical industry and apparently had ties with Rosenberg. Their role was uncovered in an investigation by Carlos Castresana to discover the lawyer’s murderers. [Prensa Libre]

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June 14, 2010: GHRC and partners send a letter to UN Secretary General Ban Ki-Moon urging the prompt appointment of a well-qualified candidate to replace Carlos Castresana at the CICIG.

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June 11, 2010: Guatemala court removes attorney general amid corruption allegations

Guatemala's Constitutional Court removed the country's new attorney general Thursday night -- just days after the president appointed him to the post.

On Monday, the head of a U.N. commission tasked with fighting crime in Guatemala resigned and accused Conrado Reyes of corruption and ties to organized crime.

Reyes refuted those allegations in an interview with CNN, hours before he was removed from office. But he said he will accept the court's ruling.

President Alvaro Colom said the court's main justifications in removing Reyes were the corruption allegations and the public outcry that followed. He likened the fallout to a "judicial earthquake."

Reyes had been appointed as attorney general by the president on May 23. A new list of candidates will now be handed to the president. [CNN]

See also: [Siglo XXI] [Prensa Libre]

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June 8, 2010: Castresana resigns as head of CICIG and requests dismissal of the newly appointed Attorney General, Conrado Reyes. In a June 7 press conference, Castresana officially announced his resignation from the UN Anti-Impunity Commission in Guatemala (CICIG), citing the government's failure to decrease impunity in the country and the recent appointment of Conrado Reyes as Attorney General and head of the Public Prosecutor's Office. Reyes has been linked to narco-trafficking and for bringing in to the Public Prosecutor's Office individuals linked to ex-director of presidential security Carlos Quintanilla, currently charged with illegal spying. The Colom Administration has commented little, other than to lament Castresana's resignation and reiterate support for the CICIG. The outcry over the lack of independence, transparency, and qualifications of the new Attorney General have pushed Colom to say he will take seriously the allegations against Reyes. See Prensa Libre, Siglo XXI, NY Times, BBC, LA Times.

President Colom has given Reyes 24 hours to respond to the allegations against him, and has requested an investigation by the Public Prosecutor's Office. [Prensa Libre][elPeriodico]

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May 26, 2010: New Attorney General takes office. On May 15, President Colom swore in the nation's new Attorney General and head of the Public Prosecutor's Office, Conrado Arnulfo Reyes Sagastume. Reyes says his goal is to "double or triple the effectiveness of the Public Prosecutor's Office."

Reyes was one of the original applicants and selected as one of six finalists. The selection committee claimed the process was transparent, but civil society organizations disagreed, citing a list of candidates that was negotiated outside of the official process - Reyes' name included - as one piece of evidence of the involvement of special interests through back-room deals. The selection process was also highly criticized by the CICIG and questioned by ambassadors from the U.S. and Europe. No discussion of the candidates' qualifications or judicial independence.

After the Supreme Court ordered a second review the original list of applicants, it chose the same six and Colom selected Reyes, the only candidate on the final list who received unanimous support from the committee. Reyes is a lawyer who has worked in both the public and private sector, and served as a substitute judge in the court of appeals. [Siglo XXI]

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May 5, 2010: U.S. rounds up Guatemalans accused of war crimes. U.S. federal agents are today closing in on four former Guatemalan soldiers  accused of taking part in a 1982 massacre, which one law enforcement official called “the most shocking modern-day war crime American authorities have ever investigated.” [...] Read full article from GlobalPost.

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April 29, 2010: "Justice Must Prevail": Guatemalan civil society requests fair selection process for new Attorney General. Dozens of Guatemala’s leading civil society organizations – including human rights groups, legal advocacy groups, labor unions, rural and urban women’s groups, and religious groups – announced support for a revision of the selection of the new Attorney General to ensure judicial independence. [...] Read full article.

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April 22, 2010: Guatemalan Government Hands over Key File. Guatemala's government handed over a military document on Thursday containing evidence soldiers massacred villagers during the country's civil war which could help prosecute top officials for genocide. [NY Times / Reuters]

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April 22, 2010: Leahy addresses Guatemalan election of Attorney General in the U.S. Senate. Guatemala is in the process of electing a new Attorney General, and on April 15, 2010 U.S. Senator Leahy (D-VT) made a statement to the Senate about the significance President Colom's decision will have for human rights and justice in Guatemala. He gave U.S. support to a qualified and committed candidate but warned that, lacking these qualifications, it would be "difficult to justify spending more resources on a fruitless quest for justice reform in Guatemala." The statement comes in the midst of controversy over the short list of six applicants given to President Colom, most of whom received strong criticism from civil society organizations. Read full article and Leahy's comments.

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April 20, 2010: Civil society denounces judges selected for short list for Attorney General. The selection committee for Attorney General candidates turned in six names to be considered by President Colom. Two of the candidates were vetoed by the CICIG and four of the six selected were unofficially named before the committee met, prompting accusations of back-room deals and a potential lack of judicial independence if one of those candidates is named. The current Attorney General, Amílcar Velásquez Zárate, who has worked well with civil society and been open to prosecuting cases of human rights abuses, was not included in the list of six. [Siglo XXI][elPeriodico]

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March 30, 2010: First jail sentence emitted in Rosenberg Case. Carlos Humberto Aragón Cardona, who collaborated in the murder of Rodrigo Rosenberg, was sentenced to two years in prison for conspiracy to commit murder. The charge was reduced from assassination in return for information on the intellectual and material authors of the crime. [Siglo XXI]

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January 30, 2010: Organizations Commemorate the 30^th Anniversary of the Burning at the Spanish Embassy. Civil society organizations commemorate the 30^th anniversary of the burning of the Spanish Embassy.  The fire has never been investigated and those responsible have never been brought to justice. The fire started when a group of students and farmers occupied the embassy to demand a stop the repression by the military in their communities.  In response to the occupation, security forces encircled the building, throwing bombs and sitting the building on fire.  The fire killed 37 people, including farmers, diplomats and officials.  Among the victims was Vincente Menchú, father of Rigoberta Menchú Tum, the Nobel Prize recipient.  The Spanish ambassador Máximo Cajal survived along with demostrator Gregorio Xujá.  The latter was held in the hospital for third degree burns and after  his death his body was released with signs of torture. [Prensa Libre]

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January 7, 2010: New Appropriations Law has Unprecedented Funding to Protect Human Rights Activists. The 2010 Foreign Operations Appropriations Law, approved by Congress late last year, earmarks $2 million for the Guatemalan police and Interior Ministry to fund specific protection programs for human rights defenders, including a ttacks against Human Rights Defenders, officers within the Criminal Investigation Division of the Police who are assigned to work with the Institute, as well as the Department for the Protection of Personalities of the Police and its Unit of Risk Analysis. This funding will enable Guatemala to establish a state-of-the-art and live saving protection program for human rights defenders at risk, such as bullet-proof cars and bodyguards. [Human Rights First]

 

 

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