The buzzword in
Guatemala is impunity. Since the end of its thirty-six year civil war in 1996, the
state has attempted to construct a functional system of justice. In recent
years, Guatemala has struggled to reform its judicial and security sectors, leading
to an erratic mix of advances and setbacks. A groundbreaking moment was the
decision to prosecute one of the most infamous figures of the civil war: former
leader General Jose Efrain Rios Montt. Rios Montt was charged with overseeing
the deaths of 1,771 Ixil Maya during the state's scorched-earth
counterinsurgency campaign of 1982-1983. On May 10, Rios Montt was found guilty
of genocide and sentenced to eighty years in prison. Unfortunately, on May 20,
Guatemala's Constitutional Court annulled this verdict and pushed the state off
of its path forward.
Guatemala's recent
progress on impunity results from international and domestic cooperation. In
2006, Guatemala worked with the United Nations to establish the International
Commission against Impunity in Guatemala, with the goal of making impunity a
chief priority and improving coordination among institutions, such as the
police force and the prosecutor's office. This body has aided prosecution,
resulting in a lower crime rate, convictions of drug traffickers, and efforts
to address civil war-era crimes. Much of the credit for these advances has been
given to Guatemala's impressive attorney general, Claudia Paz y Paz, who was
appointed in 2010.
But, as the Attorney General's
office grows stronger, other institutions hold the state back. Guatemala's
contradictory approach to justice is visible in its relationship with the
Inter-American Court of Human Rights. For years, Guatemala has cooperated with orders
from the regional court to make reparation to victims for past abuses, but it has
rarely punished perpetrators. There have been encouraging recent developments
in several cases, including the 2012 conviction of five former paramilitary
members for their involvement in a 1982 massacre at the Plan de Sanchez. Nevertheless,
progress has been accompanied by regression. In 2012, the Guatemalan Congress decided
to limit the Inter-American Court's jurisdiction, making it difficult for
victims of civil war violations to seek justice. This decision was only
rescinded by President Otto Perez Molina following immense civil society
pressure.
The Rios Montt
case is another illustration of the problematic inconsistency in Guatemala's justice system. A case was
brought in 2012 after Rios Montt lost the immunity that came with his congressional
seat. It is true that this trial was a major feat for Guatemala. Prosecuting a former head of
state for genocide in a domestic court is not something any country can claim. Given
the nature of this case, it has unsurprisingly been a bumpy ride. The trial has
forced Guatemala to peer into an ugly past. It also revived the debate over
whether civil war massacres constitute "genocide." This issue led Perez Molina
to insert himself in the case as he questioned the genocide charges. There has
been speculation that the president's motives are personal, since one of the
witnesses who testified also implicated Perez Molina, a military officer during
Rios Montt's rule, in civil war-era human rights abuses. The case has been
complicated by legal obstacles, delays, a defense walk-out, and objections from
several powerful domestic groups.
Following the
guilty verdict, the Constitutional Court voted to void everything that had
transpired since a brief suspension of the trial on April 19, due to a legal challenge by a lower-court judge formerly attached to
the case. Consequently, the
verdict was set aside and the trial must be restarted from that date. Since it
is difficult to "rewind" a trial and press "play" in the middle, the trial
will likely start over with new judges. The Constitutional Court upheld
this decision on May 30, so for the moment the trial stands still while the
finish line moves farther away. This sudden annulment sends a troubling message
to Guatemalan society. Indigenous communities have faced great obstacles in
Guatemala, the most important being the extreme violence of the early 1980s.
The Rios Montt case highlights the significance of ending impunity for a former leader whose approach
to fighting rebels was "if you cannot catch a fish, you have to drain the sea."
This trial
represents an opportunity to show Guatemala's citizens that justice is worth
pursuing. The importance of this cannot be overestimated in a country in which
witnesses, activists, judges, and lawyers face threats of violence. Theories of
post-transitional justice examine the relative importance of truth and justice.
Many have correctly noted that this trial was a success because it brought truth
to Guatemala. However, as Guatemala has already had one truth and
reconciliation commission, this trial needs to restore faith in justice as
well. If the state is going to "reopen past wounds" in Guatemalan society it
needs to show that it is doing so for a purpose.