Aura Elena Farfan is the team coordinator of the Association exhumation Relatives of the Detained - Disappeared of Guatemala (FAMDEGUA). Its members worked together with the Mutual Support Group (GAM) since 1984. FAMDEGUA born as an independent on June 4, 1992. The primary objective of the organization is ¨ to follow up on the search for missing ¨, but also look for the application of justice with regard to abuse of the internal conflict that Guatemala lived. Have trained 200 promoters of human rights in various regions of the country, 68 exhumations have been conducted, finding a thousand people, and act as prosecutor in several cases, as the case of enforced disappearance in the community of Choatalum, Chimaltenango. CAIG-ACOGUATE had the opportunity to meet with Ms. Farfan FAMDEGUA at the headquarters of the May 15, 2008.
ACOGUATE: How long FAMDEGUA has been involved in this case?
Why get involved?
AEF: 2005 was when we engage - not me, I was not involved but other fellow - when did the exhumation. From there it is our obligation, I think, as a family to support other family members. We have only the interest to find our relatives, but to support different families to find their relatives. And if we have the opportunity, because it may be an opportunity that we have as a family, to see that in Guatemala truly live in a state of law and that the alleged perpetrators, both material and intellectual, they investigate, they were also prosecuted and punished.
is not a desire for revenge that we have, but no one has really had the right to do what they did ... abuse of power that somehow the army gave the military commissioners and patrol. Choatalum specific case, well, there are six missing persons, where the family really drawn to this man Cusanero, and in his testimony when he was in the debate, they were very clear, they do not want revenge. They just want to tell this gentleman Cusanero where buried or where their family. And that is why we moved, all the family. We want to tell us where, where our family .... left where they are, because I think that was the worst practice of enforced disappearance. It is the worst because you live a uncertainty, lives a very big pain.
ACOGUATE: What is the significance of the case at national level and for FAMDEGUA? What are the implications of this trial may have on the community and the families of the victims?
AEF: The truth is that FAMDEGUA is very important to set a precedent, to get a case of enforced disappearance that there is a detainee, the specific case of this gentleman Cusanero. For us this is, indeed, is a precedent.
Now, for the families is worrying. Very worrying because they live near this man, and do not know what the reaction will be when they are judged and punished him, what will be the reaction of his family to the witnesses, to relatives who have had courage to continue not silent, but say that's what happened. Is a major concern, and take this opportunity to ask ACOGUATE, the Peace Brigades, all members of international and national associations to put eyes on them to give in a way the support they need. Because I think they are people and families going to be very vulnerable if the event that this woman entered the prison.
ACOGUATE: This is the first case of enforced disappearance that goes to trial in Guatemala. What were the obstacles faced in carrying out this case?
AEF: Unfortunately here in Guatemala justice is involved with politics. It is not a real rule of law in which we live. But often very politicized cases, most of all when there are soldiers listed, then the military and must not mention, do not tell them.
The specific example is Dos Erres FAMDEGUA is where there are 35 habeas corpus where they are sheltering in the national reconciliation bill, or an amnesty. In the absence of justice, administration of justice, we are working for a safe transfer to the Court of Human Rights. Because there has been no political will to seek out the 16 soldiers who were identified, or are identified as perpetrators and instigators of this case.
And so all cases, both in massacres such as disappearances, we realize that if there are soldiers or military commissioners identified a lot of popularity, then they should not be playing, nor investigate. However, I believe we are approaching, I have hope. For example, today will continue the statements in the case of genocide.
ACOGUATE: The process is now again blocked by an injunction. Which is why (or importance) of these protections?
AEF: This obstacle is a constitutional remedy, which brought the defender of public defense. Because he believes that these facts were not crimes because there was a law that recognized the disappearance. However, I believe that both international conventions and treaties prescribed by the disappearance.
there a right to know what happened to them, and also assist us as a family the right to require that enforcement authorities apply it justice as it should be. And this constitutional challenge, I believe that the Lord of the Public Defender, is a form of abuse of the writs of amparo to be delaying the cases. And that makes sense, I consider that the intention is despair to the family, they no longer continue with the requirement of the application of justice, and of course on whether the organizations and the population is organized in a way and is providing support in this particular case.
I believe that is not a constitutional story that the same constitution in its first article says the state is organized to defend life, since its inception. Then it's a bit contradictory. Very inconsistent, but hey, who participated in the war did not have compassion, to do what they did to the people. Those are the difficulties, which in all and each of the cases are lawyers with little professional ethics. And also many times the judges have the independence they should have.
ACOGUATE: How would you like to see progress FAMDEGUA the case? Is there anything else you want to know about the case?
AEF: Well, FAMDEGUA be interesting and important not only for Choatalum walk, move forward as it should forward, but all the cases we bring. Let there be no delaying tactics, specifically the abuse of habeas corpus, which right now has become fashionable to stop the cases with these resources. Or the lack of interest, those who have to apply justice in investigating and delaying tactics, to go entertain the case or headers. It is unfortunate that in a country being 'democratic', we are still behind in the implementation of justice.
We can not forget [our family]. They all the time in the place where we are present with us and strengthen us, and definitely of threats and raids, we have suffered, that we strengthened to continue. Of course, your passwall of them also give us the strength to continue the search for the 45,000 Guatemalans who are not, men women and children. That's what drives us to continue with the case of Choatalum, and wait, and we hope that the true constitutional court, the writ of amparo which are imposed by the law unconstitutional is resolved and not politically.
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Writer: ACOGUATE
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