Originally published on the CGS blog on May 31, 2013.
On May 10th 2013, former Guatemalan president Rios Montt was convicted of genocide and crimes against humanity. His trial marked the first time a former head of state had been prosecuted for genocide by a national court. Shockingly, just 10 days later, Guatemala’s Constitutional Court overturned this historical verdict on a technicality and set the trial back.
Though Montt held office for only 17 months, almost half of all human rights violations committed against the Ixil Maya people occurred the year he assumed power. Compelling evidence presented by victims and experts at Montt’s trial provided further affirmation that Montt was responsible for the deaths of over 1,700 people and the forced displacement of nearly 30,000 individuals.
José Miguel Vivanco, executive director of the Americas at Human Rights Watch, issued this response to Montt’s conviction:
The conviction of Rios Montt sends a powerful message to Guatemala and the world that nobody, not even a former head of state, is above the law when it comes to committing genocide. Without the persistence and bravery of each participant in this effort – the victims, prosecutors, judges and civil society organizations – this landmark decision would have been inconceivable.
The annulment of Rios Montt’s verdict is a crushing setback for the Guatemalan people and their pursuit of justice. For a brief moment, it looked as if Guatemala’s weak judicial system, plagued by corruption and disregard for the rule of law, had improved. Clearly, it has not. Not only does the overturning of Montt’s conviction undo years of hard work by human rights organizations and the prosecution, it also prevents the victims of Montt’s egregious human rights violations from receiving the closure they deserve.
A fair and just conclusion to Montt’s trial looks uncertain. On May 29, Guatemala’s Constitutional Court began deliberations of whether Montt was protected by a general amnesty decree, issued in 1986, for all crimes committed between March 1982 and January 1986. In 1996, however, during the Guatemalan Peace Accords, the Guatemalan government abolished all existing amnesty laws. In addition, it passed the National Reconciliation Law that provided limited amnesty, except for “crimes of genocide, torture, forced disappearance, and other international crimes.” Montt’s defense has challenged the National Reconciliation Law, arguing that it “may not apply retroactively.” The Constitutional Court will make a decision within the next five days.
It is very possible that Rios Montt will be acquitted. Even though the final outcome of Montt’s trial may not be just, this does not mean that similar trials in the future must have the same outcome. Policymakers and social justice advocates can learn from this trial and take measures ensure a fair verdict is issued in future trials.
