Thursday, May 22, 2008

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Tecu Osorio Interview with Jesus: The Case of Black River

Development Association Comprehensive Victims of Violence in the Verapaz, Maya Achi (ADIVIMA) is prosecutor in the trial that is being developed in Salama, Baja Verapaz for the slaughter of March 13 in Black River (See "The Case of Black River" down in this blog). On May 8, 2008, ACOGUATE Tecú found Jesus Osorio, a survivor of the slaughter and witness in the legal process, to discuss the trial.

ACOGUATE: - ADIVIMA is prosecutor in the case Xococ. Could you talk a little about ADIVIMA, the broad outlines of legal work and why ADIVIMA involved in the case?

JTO: The Case of Rio Black, from the start, began to walk through the Public Ministry until in 2002 when ADIVIMA be sued in the case for a stake also in the process. The process thus leads Black River and 19 years. Then ADIVIMA during that time has provided evidence-often the Public Ministry does not work then the prosecuting attorney assumes the commitments. Then [is] the same thing is happening now with ADIVIMA. The witness was waived yesterday by the Public Ministry but insisted ADIVIMA to participate, in order to hear the testimony of the witness. That's a little work done ADIVIMA. But in part, in that case also is following the process within the Inter-American Commission on Human Rights. But it goes a bit against the non-capture of Colonel Solares (1). Because until the state knows where it is because the same state facilitates payment of your pension to your account. In a way the state knows where he is but does not capture. Then also the struggle in this way is in the Commission on Human Rights.

ACOGUATE: 's talking about this case before the Interamerican Commission on Human Rights. What is expected of this request? Why are proposing?

JTO: What we're looking for there is the capture of Colonel [Solar] as the mastermind. Well, not only him, there are some more ... but he is one of the masterminds of the slaughter of Black River. Since there is no cooperation from the authorities, so we are following here in the Inter-American Commission on Human Rights. Because someday through the Commission may force the state to deliver justice to the Colonel.

ACOGUATE: Regarding the current situation of the victims, what are the expectations from them? What could be achieved through this trial?

JTO: Well what they say, I hope that justice is done. But on the other hand, [the defendants] are authors materials are indigenous, while the masterminds, almost nobody dares to speak. Even to the same judicial body almost masterminds protects only the perpetrators to dare to judge.

Well, my point of view as Jesus, not as ADIVIMA as a witness in the process ... maybe for me are sufficient and the four years that have been [sic] prisoners. Because if they were going to judge, if they are going to give the death penalty or whatever, I guess that is why the state will say that there is justice in Guatemala. Then they're using like this but at home there is no justice. Even if there is a policy of genocide directly to the Ministry Public not to investigate that.

ACOGUATE: So as to this trial for the community and the families of the victims would be legal to make this decision now and then see if you can keep up the masterminds?

JTO: That's a little idea to see if they declare it is against the masterminds, but is a bit difficult. It's a bit difficult because many times they have given statements saying they did participate in the massacres but do not say how, how they did it, where the orders came. Then there is some doubt as to the statements. But much risk for them because it As things stand now in our country often use a common crime to commit any act.

ACOGUATE: You mentioned that there are not many clashes between perpetrators and victims. Do you see differences in the context in which this trial is being developed compared to the previous trial against the three heads of the patrol?

JTO: Yes Note that ten years ago when we were in the trial, were relatives of the patrol that they wanted to attack the witnesses. There was a strong participation of the former patrol with the intention of freeing the three who were indicted. But now, do not see that. Almost no other patrolmen come to see ... almost single family arrive, but in 99 there were hundreds and hundreds of patrols.

ACOGUATE: Going back a bit to trial here in Salama, who is also a trial that took place in a local context rather limited. How has developed almost permanent coexistence with the alleged perpetrators who also live in the same context?

JTO: That has already become usual. After the armed conflict that always has been. In the days of square [market] will always live there all. And often there are some discussions between victims and perpetrators ... and threats. So it is difficult to avoid because we live in one village.

ACOGUATE: You are involved in several cases, looking at the overall context. Do you perceive any progress in this fight against impunity and the struggle for justice in the various processes?

JTO: There what we are doing is to see how to advance the case against the masterminds. As you said [I], is it that we are very interested in pursuing the case against patrolmen? but we are now interested more against the masterminds. And that's what we're looking to see how we can push it. The genocide case at also the case nationally and internationally.

ACOGUATE: all takes time, do you feel that the commitment of the people is to take these masterminds to justice?

JTO: be tiring but you tire more easily and do nothing because there is a risk that could be repeated.

...............................

For ACOGUATE

Article references
(1) The then captain, José Antonio Solares González, was in command of numerous military operations that were developed in the municipality of Rabinal, Baja Verapaz in 1982. So it was pointed out as one of those responsible for the slaughter of Black River from March 13, 1982. It has numerous arrest warrants and is currently a fugitive from justice.

The next trial hearing will take place in Salaam on 26 and 27 May this year . Are provided for the conclusions and the final sentence.

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