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SITRAPETEN unionists evicted from the central park of Choatalum

the 10th and the night of December 11 Central Park Guatemala City was the site of two violent evictions perpetrated by police National Civil Police (PNC). Workers at the distribution of Péten which is part of the company from the property Salvavida Castillo Brothers Corporation had set up camp in Central Park to protest against his dismissal in May 2008. This dismissal came after several attempts by a group of workers to form a union at the distribution of Peten, located in Zapote of the capital city. Trade unionists interpreted as the abuse eviction latest in a series of events that have marked the peaceful resistance led over the past 19 months. This is intended to denounce the arbitrary dismissal of trade unionists, note the dilatory attitude of the Ministry of Labour and the various courts handling the case.

In February 2007 a group of workers in the distribution of Péten was organized for the establishment of a union and processed the corresponding application in the Ministry of Labour. Originally, the goal of creating the union was to strengthen their position in the company and enforce employment rights as a union member said:

"The need to organize arose due to ill-treatment they had here, that in addition to exaggerated assessments require us [...] we needed a little more than salary, because virtually We were working double or sometimes triple duty. [...] Also had no job stability because they always came to us saying that comply with the quotas because otherwise, however, we would be fired and had thousands of applications for university and we had no studio. " (1)

Until May 2008 the registration was achieved union after five attempts that were rejected by the Ministry of Labour and Social Welfare. According to union members, this delay was due to strong pressure from the company. The distribution of this delay Petén used for settlement and filed for bankruptcy four days before the Ministry of Labor recognized the union's legal personality SITRAPETEN. In this, the dealership was closed and its workers forced to sign contracts of waiver. According to a representative of SITRAPETEN, while other workers were transferred to other distributors and were given new contracts, this was not the case with members of SITRAPETEN since all were dismissed. (2)

At the time, a group that was demonstrating against this move considering it as an unfair dismissal was the victim of a violent eviction in front of the company located in the capital city Zapote. Several union members were injured in these clashes and the respective complaints after the incident were no follow up. As a pressure
, SITRAPETEN members remained in a camp in front of the facility, after the lack of progress in resolving the labor dispute and investigation of complaints was moved to the Plaza de la Constitution. For 15 months the group remained to occupy a space in front of National Palace leading a peaceful protest and resistance. During this period, several members confirmed a number of threats and intimidation in addition to continuous offers of money to the union by company representatives to leave the union. (3)

December 9 at 11:30 pm, a municipal judge, accompanied by several elements of the National Civil Police (PNC), was presented at the square in place of the shacks of former -workers. The judge, who according to the Convergence of Human Rights had no jurisdiction in the matter, announced that it had issued an eviction order based on the law of public adornment. (4) Not at this time as well in subsequent exchanges was presented the eviction order but several representatives of SITRAPETEN cited the judge talking about "oral notification." At the time the union insisted on their constitutional rights to demonstrate and protest in addition to requiring a table of high-level dialogue to achieve a solution to the dispute. (5)


The judge and the police temporarily withdrew because in the morning of December 10, the judge and police representatives were presented again in the place indicating that it was the last warning and that would carry out the evacuation in the event that the union does not withdraw from the area. At 12:00 hours of this day, about 120 of the PNC forces heavily armed with accompanying Municipal Transit Police proceeded to the violent eviction was watched by international observers of ACOGUATE. The events were marked by excessive use of violence by the security forces and as a result of the huts were taken from the trade unionists, their personal belongings. Several members also SITRAPETEN journalists present were physically attacked by tear gas and pepper oil that was sprayed directly in the face of them. At one point, members of the PNC tried to stop illegally to the Secretary General of SITRAPETEN that shortly after could be released through the intervention of the Presidential Human Rights Commission (COPREDEH). In addition, we observed several members of the police with automatic weapons in the midst of struggle. (6)

After the first eviction SITRAPETEN members, together with other supporters, took up a space to continue their peaceful protest and resistance. But at 23:30 hours, the new anti-riot forces were present at the place and leave the group again, again attacking several members of the group with irritant gases. (7)

Several organizations and members of SITRAPETEN argued that the program "La Academia" chain Mexico's TV Azteca that would develop in the central park seems to have been used as a pretext for eviction. At the same time expressed concern about the excessive mobilization of the police force for the operation, while promoting and requiring union labor rights are still waiting after 19 months of final settlement of his case by the appropriate bodies. (8)

Throughout this time, members of SITRAPETEN have been without enough income to sustain themselves and their families. Importantly, the numerous violations suffered by labor and trade union affiliates SITRAPETEN, joins a series of civil rights violations and political. (9)


(1) Interview with representatives of SITRAPETEN Acoguate taken in July 2008.
(2) Ibid.
(3) interviews conducted by representatives of SITRAPETEN ACOGUATE over 2008/09.
(4) Press Convergence of Human Rights: Eviction violent international day of human rights. 11.10.2009.
(5) Interview conducted by representatives of SITRAPETEN ACOGUATE the 11.10.2009.
(6) Observation of the event ACOGUATE 10.11.2009.
(7) Interview conducted by representatives of SITRAPETEN ACOGUATE the 11.10.2009.
(8) See press release "urgent release in solidarity with SITRAPETEN" Trade Union Movement, Indigenous and Campesino Guatemalan 11.10.2009; Press Convergence of Human Rights: Eviction violent international day of human rights. 11.10.2009, along with interviews conducted by ACOGUATE the 11.10.2009.
(9) Ibid.

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Case: Implications of a sentence for the crime of forced desaparción


On 31 August 2009 the former military commissioner, Felipe Cusanero Coj was sentenced to 150 years in prison for the disappearance of six people, 25 years for each missing person. The disappearances have occurred in the village of Choatalum, department of Chimaltenango, between 1982 and 1984. This is the first statement was given for the crime against humanity of enforced disappearance in Guatemala.

The sentence was handed down weeks after the decision of the Constitutional Court (CC) of a constitutional motion filed by the defense in April 2008 in which the Court attributed a permanent basis to enforced disappearance by the fact victims still missing and there is no knowledge of the whereabouts of his remains.

Both the Aug. 31 ruling as the decision of the Constitutional Court precedent and opens the way for other cases of enforced disappearance as the case of the village of El Jute, located in the department of Chiquimula, and the case of Fernando Garcia led by the Group de Apoyo Mutuo (GAM). (For more information on Jute, see acoguate.blogspot.com/2009/01/caso-el-jute.html ). However, this landmark decision in the case of Choatalum was appealed by the defense of Cusanero Coj on 5 October of that year and is pending in the Supreme Court.

ACOGUATE has been accompanied for several years Choatalum. (For information on the background of the case see acoguate.blogspot.com/2008/07/desaparicin-forzada-el-caso-de-choatulm.html )
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Disappearance: an ongoing crime against humanity
To date, Choatalum is one of the first cases of enforced disappearance brought before the justice system in Guatemala despite the existence of more than 45.000 victims in the country according to the Commission for Historical Clarification (CEH) .

Secrecy and uncertainty play a central role in the definition of enforced disappearance, as the impunity that the facts remain. As defined by the Statute of the International Criminal Court Article 7, the disappearance is:

" the arrest, detention or abduction of persons by a State or a policy, or with the authorization, support or acquiescence, followed by a refusal to report on the deprivation of liberty or give information on the fate or whereabouts of these people, with the intention of removing them from the protection of the law for a prolonged period "(1).

Mario Polanco, director of GAM, said that the implications of" being in this state helpless "means that the victim" danger of being deprived of life, because you are violating the worst torture, the perpetrator at any time you can have your life without fear of punishment or punished ... "(2) When

qualified as a crime against humanity and thus be of limitations, Article 8 clearly states that enforced disappearance is out of the National Reconciliation Act provided amnesty for political crimes committed during the internal armed conflict. However, the public defender filed a constitutional motion challenging the retroactivity of the crime of enforced disappearance because it criminalized until 1996 - more than a decade after the fact. The debate was suspended for 14 months (out of all the terms defined in the Code of Criminal Procedure) (3) until July 7, 2009 when the Constitutional Court acknowledged the continuing nature of the crime because " not when it started, but if you have finished occur." (4)

Enforced disappearance is detrimental both to the survivors and missing persons. In a normal process to leave a trauma, it is necessary to understand why and be able to draw the match to return to normal by viewing, funeral and solidarity with the community. Enforced disappearance turns the pain which is normally a process for survivors in a state of being.

Considering these aspects, forced disappearance, recognized in the statement read by the presiding judge in Chimaltenango is considered a gang rape and continued for several human rights under the Constitution of the Republic of Guatemala and International Conventions on Human Rights - which Guatemala signed and ratified in 2000. (5)

"The real remedy is justice" (6): the case of Choatalum
Between 1982 and 1984, several disappearances perpetrated in Choatalum village, municipality of San Martin Jilotepeque, Chimaltenango. In 2003, families of six of these people got together and made a formal accusation against Felipe Cusanero Coj, who was then military commissioner for his role in the illegal detention of them. The evidence of the case based on the testimonies of the family who saw their loved ones taken by force by Cusanero accompanied by members of the Army and Civil Patrols and admitted to the military. Witnesses sought to relatives in the detachment and requests for information on the whereabouts of the detainees were denied.

CALDH In April 2003, and the organization Families of the Detained-Disappeared of Guatemala (FAMDEGUA) joined the proceedings as complainant. Despite the legal obstacles that had faced the case in March 2008 opened public debate on the Criminal Court, and Crimes against the Environment and Department of Chimaltenango through eleven witnesses and testimony given from an expert, in addition to the documentary evidence (7) concluded that "destroyed the innocence of Mr. Felipe Cusanero (8) on 31 August this year.

Before sentencing, the judge noted that for the indigenous Mayan population, enforced disappearance is still unfair in the way that " concealment of the remains of a missing person, in a blatant disrespect to them, threatening to break the spiritual bond that links the living dead, and undermines the solidarity that should guide the paths of mankind in its temporal dimension. " Thus disappearance is one of the forms " more perversely subtle but no less violent, to affect the conscience and dignity of human beings ." (9)

The presiding judge said that in his capacity military commissioner, Cusanero decided between life and death in the community of Choatalum and was responsible for voluntary acts in the conception and planning to implementation stage of forcibly disappearing Sutuj Santiago, Alejo Culajay Ic, Lorenzo Avila, Filomena Chajchaguin López, Encarnación López López and Mario Augusto Tay between 1981 and 1984. For each of the offenses, Cusanero was sentenced to 25 years in prison commutable, with a total of 150 years. The case remains open for other military judge appointed during the trial for his involvement in the incident.

However, the case for witnesses and families of the victims disappeared, Cusanero possible condemnation - albeit an unprecedented achievement - does not mean justice itself. " was not the purpose. What matters to us if he goes to jail? We have always wanted to know where our loved ones and what happened. But we never said , "said Hilarion Lopez, a witness and father of one of the missing. (10)

So, even in the case of Choatalum, although it left unpunished crimes committed by Cusanero have been broken to some extent, information about what happened to the victims and where their remains are kept in secrecy, to Despite several opportunities to clarify Cusanero during the trial. (11) Thus, there is still justice in some way. Lopez said in a press conference the day after sentencing, " [Cusanero] should apologize to the people of San Martin, Choatalum village. I am upset because my son gave me no never. And what I I want justice ... give it to the cemetery to take a settlement flowers, a tealight or a veil. "(12)

" Each case is a hope "(13): Other cases pending
CALDH According to Mario Minera, more than 100 cases of enforced disappearance presented in the legal system of Guatemala today though Most lack the definition as such. (14)

If the Supreme Court decides that the case should remain classified as Choatalum disappearance, would set a precedent through case law that could have an impact on other cases. In this worth mentioning that also the human rights ombudsman said he expects the offense is punishable of enforced disappearance in the case of the Jute and the husband of Deputy Ninth Montenegro, Edgar Fernando Garcia, who acts as complainant. (15) Moreover, a change in classification would have political implications because they indicate the existence of a plan systematic state. In turn, would impact on the judgments and that enforced disappearance is a crime against humanity by a maximum penalty of 40 years in prison while securestro / kidnapping carries a maximum penalty of 8 years. In the case of Fernando Garcia, it was possible to change the definition of enforced disappearance. However, this decision was appealed by the defense and the decision is pending yet.

CALDH legal counsel indicates that many judges qualify as kidnapping cases " to avoid state responsibility and say 'no, there were only mad army saw to that, that has nothing to do with the next boss, with the entire chain of command '. (16) At the same time, according to counsel, the cases of enforced disappearance may prompt other cases of crimes against humanity such as genocide. He argues that the State can no longer say that the violations were not part of a systematic plan for its decision, the CC has already accepted the permanence of both crime and the fact that it is a crime against humanity. According

FAMDEGUA Aura Elena Farfán, the original ruling of the court in Chimaltenango is important for all people who have suffered the traumas of enforced disappearance because " Although not a relative, justice helps us all . '(17)
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For ACOGUATE

1.Minutos ACOGUATE photos after the failure of San Martín
2.Paisaje Jilotepeque
Chimaltenango 3.Tribunal
4.exe-military detachment Choatalum

Footnotes:
1.Citado in Cano Lopez , M., The crime of forced disappearance of persons: the system of protection of human rights against crimes against humanity, among other publications
2.Polanco, M. Disappearance in Guatemala. GAM is an organization founded by families of victims of enforced disappearance. 3.View
interview with CALDH legal adviser, speaking on the lack of respect for deadlines and general challenge for many legal cases in Guatemala. Constitutional 4.Corte
, Republic of Guatemala, File No. 929-2008. Page 10.
5.Polanco, Molina Theissen
6.Víctima of Choatalum, Press Conference, September 1, 2009, Guatemala City Project Report Interdiocesan
7.The Recovery of Historical Memory, Guatemala NEVER AGAIN (REMHI) CEH and the Inter-American Court of Human Rights (IACHR)
8.Sentencia. August 31, 2009.
9.Sentencia C-26-2, 006. Of. III. Criminal Court, and Crimes against the Environment, Department of Chimaltenango.
10.López, Hilarion. ACOGUATE interview. September 2009.
11.Minera, Mario, Press Conference, September 1, 2009, Guatemala City.
12. "Condemnation of Cusanero is just the beginning, but need more justice." La Hora. September 2, 2009.
13.Galeano, Maynor Stuart. ACOGUATE interview. August 2009.
14.Minera, Mario, Press Conference, September 1, 2009, Guatemala City. 15.Cristina
Bonillo. "PDH calls for adding another crime." Prensa Libre. August 8, 2008. Legal 16.Asesor
CALDH. ACOGUATE interview. 17.Lorena
Sieja. "Debate on disappearances." Prensa Libre. March 10, 2008.

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Faced with eviction from El Solar de Lavapies

Information note on the status of the transfer company

Councillor Urban Area of \u200b\u200bthe City of Madrid, Pilar Martinez, pledged at a meeting in June this year, to give effect to the transfer of the site located at Olivar 48 Lavapiés , for temporary use and poor by neighborhood groups @ s that have been used since 2003. The assignment should be formalized in the months following the date of the agreement. In late September neigh l @ s @ s have received notification from the Notification Service and Liens of Administrative Litigation by the Directorate General of Heritage Area of \u200b\u200bFinance asked the court for permission to carry out the eviction of the site. Background




The Solar occupies the vacant plot Olivar 48-50 since 2003, when during an initiative under Mad03 (a sample of artivism in public) was the key that gave access to the premises by part of one of the owners of the property, then immobilized by being divided and qualified as public funding in the General Plan of Madrid, so its development was stopped waiting for various procedures that have not yet completed.

Since then, the solar neighborhood has hosted a number of initiatives, among which is undoubtedly the Lavapies Film Festival, which has led to space during its six editions, but they occupy a wide range of situations, from its use as a meeting place and assemblies to the tune of space by working groups and workshops ephemeral self, through various celebrations-from weddings to birthday-by neighbors @ s that did not have other space to do that, conferences, roundtables, book launches, conferences green consumer, empowering urban gardens, bicycle shop and a long list of activities, permanent and other sporadic times, a playful , others involved, on the basis of an application adapted to the situation of space, poor, without permanent housing, suitable only for certain uses, but always available and open to any neighborhood or citizen initiative. What was a barren plot, dirty, empty it has become a unique experience for reuse of urban space.

a complex experience, which has always shown its limitations with modesty, without the hagiography that often comes hand in hand with self-advertisement, which has suffered very difficult situations related to the difficulty involved in living a lot in Lavapies, as its temporary occupation by homeless people, the inability to use him permanently influenced by climatic factors, or their own challenges, which opened an experience that Madrid is not had no previous reference, and intended as a pilot for the reuse of vacant spaces in the city largely empty of law also says.

eviction notice and meeting with the City

In the spring of this year, the Solar received notification that he had been accused of squatting, and that the council, which said to have made the ownership of the plot, would proceed with the eviction. Posts

contact the City Council in the first instance we were told there was nothing to do. Then while on a visit to the Councillor delegate Lavapiés Planning, Pilar Martínez, was presented this to a dossier on the Solar and asked for a meeting.

At that time, had jumped to the public the case of eviction and bulldozing of a new initiative on a plot of city-owned Lavapiés the Doctor Fourquet, project called Estaesunaplaza.

The meeting with the councilor Pilar Martínez took place on June 16, with both solar and presence of other municipal charges. It was agreed the transfer of solar Olivar 48, and postponed a final decision on the Doctor Fourquet, which luckily also later managed a transfer agreement. The transfer of Olivar 48 is formalized through a neighborhood association, for what was to open a file you provide, leaving the office of the General Coordinator of Planning, Lobón Beatriz, who was first sent a letter dated June 24, and with whom he stayed in that difficulties Formal would be resolved as they arise. The assignment would be "precarious ... until the date on which the implementation of equipment that provides the General Plan ... Do incompatible ... the implementation of activities that have been made on this lot, as stated in the letter of request in terms
agreed at the meeting. What happens now



During the months after that meeting, Solar has continued with their normal activities, pending the transfer to occur in fact and that the City got in touch with representatives of the plot for this purpose.

In that waiting period, surprisingly, comes the eviction notice, which states, at least, that the decision of Planning has not been sent to the Treasury, which has continued with the complaint and order the eviction, although can show other facts: from the breach of agreement by the disagreement between the Planning and Finance area. These days

Solar groups are trying to clarify the situation, but Thursday, October 8 we have not received any answer we can resolve this troublesome issue, and the only sign is the request for next week's eviction by the Treasury.

keep you informed, but while we ask you, if you will, we Turn then letters of support to address solar@sindominio.net, because what we need.

http://solarolivar48.wordpress.com/

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Interview with legal counsel in the case of Choatalum



Before the reopening of the oral debate Choatalum, interviewed an employee of the Centre for Human Rights Legal Action (CALDH), who serves as legal counsel in the case of Choatalum on the resolution of the CC in July.
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ACOGUATE: Can you explain in general terms, the case of Choatalum travel so far?.

Counsel: (...) initiated at a time, persecution by the army, still under the rule of Romeo Lucas Garcia is one of the most bloodthirsty presidents [Choatalum people] had been in the mountains. However, when it comes Rios Montt, is broadcast information to all the communities in which it was a good president, which gave amnesty: " Surrender, thank you, we're not going to hurt ." And people trust. Above all, in addition to trust, life was actually saved because they had no food in the mountains, having nothing to eat, children were dying. So, that makes people at a time when he decided to give the army. When Rios Montt

begins her term, begins a more selective persecution. Looking for people who had to be captured and tortured. Well, in this context was that these disappearances were the six we have. Comes military commissioner, people are giving, and brings to the military. From there, put them in the task and never come back. Are disappearing.

One of the features of this case is that we never went public. Was always a case that is being judged. And he did all the research. The case never went to the prosecution of human rights although it had already created the prosecution of human rights. We wonder " what had happened would have happened if the prosecution of human rights? "Many think that we would not be at this stage because there was a time when the prosecution of human rights fully served wall of impunity. It is not the case now. There have been some changes and seems to have will. Only to be seen in turning. But at that moment, all cases were with obstacles in the Ministerio Público (MP) during the administration of Florida [former Attorney General, 2004-2008]. However, this is what happened to Chimaltenango as another case of the prosecution. And they continued to investigate as forced disappearances.

After that, he opened the debate with the same rating of enforced disappearance. Actually, it was a time with considerable uncertainty, " What will the judge say? What will happen? Will we see? Will see the disappearance as we see it? Or if you want to get another qualification? "However, it was accepted, passed the indictment and is now on trial.

Now, there we are. Opened the debate and from the beginning, had filed a constitutional motion in the case. Could be followed the debate but when it came to the part where the unconstitutionality happens on appeal, is suspended and could not continue.

ACOGUATE: Do the courts (or CC) do not have a fixed period to resolve?

Counsel: There are times but never fulfilled and it is difficult to find litigants who would go against the Constitutional Court. In fact, they know how to do so there is no evidence. A practice that has been in some courts is that they put a date before it is solved now and then appears to be a legal date, but I really do not. And they give it to the notifier. So who charge all this time is the notifier, who is an ordinary worker. It works many times in court to save time. So one says "I do not want to take action against the reporter," because it's just a worker over the entire system. Yes there are standards for the terms within the law. You can start the procedure for reporting delay, but as I say, you will damage the notifier, and not sure if it really is responsible.

However, sometimes the problem is that these reporters are provided for these things. Sometimes yes there are courts that are resolved in time. But who made the stop there is the notifier. If a defendant has contact with a reporter and taking tests, then yes, you could start something against the reporter. But it is not known.

ACOGUATE: Now with the decision of the Constitutional Court, what are the implications for Choatalum?

Counsel: One of the first things here is that the CC, to get to know the merits of the case, you are indicating to the trial court, who will solve this case, as should the law be interpreted regulates the disappearance without contradicting the Constitution. In this decision, the CC comes specifically to illustrate how this offense does not contradict Article 15 of the Constitution. The CC said that the important thing in these cases is not when they took the victims but when they appeared.

In my view, is too risky for the trial court to decide that is not enforced disappearance. It is very risky. If that happened, we would prepare our resources of appeal, further appeal, and this could rise again to the CC.

Another of the important things of this decision is that the CC states that are crimes against humanity. Admitted that they had never at any time. There may be an enforced disappearance in peacetime and one can say that there are crimes against humanity. However, what characterizes these crimes is when there is a systematic plan for State these types of crimes and then when they become crimes against humanity

ACOGUATE: So if Choatalum could be important in cases of genocide as well?

Counsel: All are litigating cases related to internal armed conflict will serve to support other cases of the past. With the qualification of crimes against humanity, we can say that " the state had a systematic plan to eliminate people, according to the decision of the CC in such and such date, and accepted by the CC."

Gives certainty to cases of genocide to continue saying yes crimes committed against the civilian population. The State can not now say that " was no systematic plan ." We have a decision that relates to this [plan], which is legally accepted. And yet, if you declare a conviction, the loss remains to be tested systematically.

ACOGUATE: What about the case, what are the next steps?

Counsel: now, wait until the Constitutional Court will physically send the document to notify the Tribunal respect to what is already decided. From the moment that the trial court receives the notice, has five days to set date of debate.

ACOGUATE: Do you think the decision in the case of Choatalum has an impact on other cases to create a legal precedent?

Counsel: He will give a better livelihood. Previously, they have argued before the Court is forced disappearance, but by judges have said no. But now, with a decision of the Constitutional Court, can they say, " well, on that date, the Constitutional Court ruled that these facts can be described as enforced disappearance." And there may be mentioned that this was part of a systematic plan, which is crime against humanity, which is enforced disappearance. Because judges often classify as "kidnapping" that to evade the responsibility of the State.

ACOGUATE: Do you think progress in the two cases of Choatalum and El Jute are having a mutual legal implications?

Counsel: Yes fact, I am very familiar with the case of El Jute, how you will develop. It is outrageous when you do not qualify as enforced disappearance when everyone knows that it is, it was a state plan, which was part of an entire national security doctrine. Then, you can not call it a kidnapping.

ACOGUATE: What other cases of enforced disappearance are significant at this time?

Counsel: Fernando Garcia's case is a very interesting case. This case, to me, is important in the sense that it happened in the capital, took place in the urban area. Choatalum cases and El Jute were in the villages are inside. Already he has testified as an enforced disappearance in the field as the disappearances occurred. But in the city, was the police who was in charge of the abductions, enforced disappearances. In court, there has been no case that illustrates how was the context of enforced disappearances in the city the Fernando Garcia would be the first if is classified as forced disappearances.

ACOGUATE: Is that from the legal standpoint, there is a way to curb these developments and other cases of enforced disappearance?

Counsel: Well, remember that in Guatemala we have in law a part that says that the same DC may depart from its. But that is when many years have passed and the situation is different, being in a different historical or otherwise would not be a legal decision, but political.

But here is where political maneuvering. Then You are not surprised when two or three years, we have a decision contrary to that just because they will have other judges. If judges are very faithful to the law will follow suit. Now, if judges with political interests will change. That's what makes us draw much attention and eye on the election of judges and justices of the room. The years have taught us that we should put the eye to the election of judges because if not, we will always play around. It's a constant struggle and can not leave because the moment you are not careful when they take advantage. It's a constant struggle.
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For ACOGUATE
Photo: ACOGUATE

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precedent is established in crimes against defenders of human rights: Justice and community leader Israel Carias


The June 22, 2009, the trial court in Zacapa, Guatemala, ruled against two men for the murder of community leader Israel Carias Ortiz and his two sons Ledwin Anilson (9 years) and Ronald Aroldo (11 years) in February 2007. The perpetrator, Jacob Salguero, and accomplice, Manfred Ramirez, were sentenced to three consecutive sentences of 25 years commutable and 16 years respectively. The ruling sets precedent in recognizing that Carias was killed by his leadership in the struggle for community land by legal means. Importantly, the case remains open to investigate the authors of the murder: the farmers allegedly responsible for hiring thugs to protect their interests. The ruling is important for other human rights cases that were committed in the past and that 99% of rapes committed during the internal armed conflict remain unpunished (1). ACOGUATE has accompanied this case with the Unit for the protection of defenders of human rights in Guatemala (UDEFEGUA) from the beginning of the trial.
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Israel Carias was president of the Alliance of United Peasants Society (ACUS) for four years when he was killed in 2007. Also, working with Mission Nations Verification Mission in Guatemala (MINUGUA), leads the Community Association for the Integral Development of The Achiotes (ACIDEA), and was a regional leader of the Peasant Unity Committee (CUC). As chairman of ACUS, Carias, backed by more than 80 families in 22 communities, led the fight to regain land stolen by the farmers community.

The struggle to recover these common lands, which have been recognized since 1951 as well as public documents on state property, has met with strong resistance from farmers who were exploiting the areas in question (2). In an audio track presented as evidence during the trial, Carias described the fight to the people of Los Achiotes. "We do not want to play land already have documents. We are fighting for national land. I'm just the spokesperson for the needs of the community. Am not a judge, I do not decide. You have the right to land according to the law . "(3) Although legally belonged to the community, these lands were still being exploited by farmers.

After years of frustration in a legal and bureaucratic process stalled, ACUS began to see the negotiation as a better way to get the land in 2004. Although meant to hand over part of the community land to farmers, the negotiation was seen as necessary to cut most of encroachment by them and set firm boundaries and unquestionable. Carías received his first threat when negotiations began in 2004 and continued until the days just before his murder. (4)

The Land Records Office was the first mediation Achiotes in December 2006 and went to remeasure for the last time in March 2007. (5) The time of the murder of Carias coincide with this visit, a deadline approaching community land, and an increase in repression against communities fighting for their rights to land and natural resources. (6)

According to witnesses and reports brought to the national police before his assassination, Carias has been the victim of intimidation and death threats received by the accused, the relatives of the accused and the farmers themselves for leadership in the fight to regain land rights. Despite the risks, never stopped organizing people. Through recorded and made a speech as evidence in the case of caries commitment remains firm even in death. " Despite the persecution, I will not give way behind," Carias said in front of the courtroom full of observers. (7) The judges said that Carl "showed no fear because it was apparently a man of firm conviction " and was killed by defend the land rights of their community.

On February 6, 2007, Israel Carias, 33, was walking with her two children by the Quebrada El Hato en route from Zacapa to bring medicine to her sick mother when they were intercepted and shot a short distance. Although collectively the community knew who they were who committed the crime, the case languished in the public prosecutor's office without progress as the gunmen continued to live on par with the relatives of the deceased Carias. Upon learning of the serious stagnation of justice, began tracking UDEFEGUA as legal advice, moral support and funds. UDEFEGUA requested that the case go through the Office of Rights Human prosecutors and hired a lawyer, Edgar Perez to serve as legal representative for the widow and plaintiff. (Another achievement of the Perez case Black River in 2008 which condemned the 5 ex-patrollers to 780 years in prison for his involvement in the slaughter of 177 women and children in Pacoxom perpetrated in 1982, and the Choatalún case that sentenced an ex - military commissioner to 150 years in prison for ordering the disappearance of six peasants.)


In March 2009, began the public debate of the case. During the course of four months, the judges heard testimony from thirteen witnesses, twelve expert witnesses and reviewed more than fifty documentary evidence. On June 22, 2009, the Court gave its ruling, the two defendants, Salguero and Ramirez were perpetrator and accomplice, respectively, of the premeditated murder of Israel Carias the requirement and funding for farmers who wanted to end their fight and protect their own interests. It is assumed that children were killed because they were with their father at the time.


Nationally, the ruling sets an important precedent in how to understand justice in attacks against human rights defenders. The ruling clarifies the complexity of land conflicts and the danger to passing through communities defend their rights against illegal and powerful opposition. Furthermore, the decision recognizes and requires the investigation of the masterminds RESPONSIBILITY for planning the murder and hiring the gunmen. Throughout his opinion, the judges made it clear the courage to community leaders to continue fighting for their rights, and opened a space for the fullest realization of justice in Guatemala.

For the first time, a court in Guatemala stated that the guilty in attacks against human rights defenders extends deeper than the perpetrators up to the masterminds. Thus, the precedent requires that attacks against defenders, those who planned and financed the crime must also be judged. Moreover, the precedent may be used to assign blame in cases of human rights crimes of the past - from the lowest level of the same to the highest killers who enjoy impunity for their positions of power.


More recently, those associated with the trial have been targets of threats and intimidation - especially the widow, brothers, father and niece Carías people who have been more public in his defense. The community realizes that the relatives of the condemned, who are also known to have the murder weapons, are responsible for the threats continue. (8) Some of the brothers of Carías describes the community as "a herd of sheep " who has experienced the traumatic effect of a coyote. Now the community is " alert, tense and watchful " and people just travel to Zacapa at dawn to avoid being seen walking on the road. (9)

Despite the risks, about a dozen members Carías community and family came to the trial to attend every hearing. And showed their solidarity, making the two hour walk downhill from the community to reach the Court and climb back into the group later. Many of them were witnesses in the case and were threatened by it.

ACUS, UDEFEGUA ACIDEA and have worked to honor the memory of caries in the weeks after the sentencing. ACUS organized a march from the Court in Zacapa Estansuela to pay tribute to the struggle of Caria, to express its appreciation for justice done and to require the court to continue to ACUS other cases pending. (Many of these cases has to deal with applications for community projects including water, electricity, health clinics and education in rural communities.) Key members stuck in ACIDEA want to build a memorial in Los Achiotes to ensure that Carias - and sacrifice for the community - not be forgotten.


In August, UDEFEGUA returned to the community to provide psychological care to people involved in the case and to reconstruct the historical memory of the life of Carías which was replaced by his death and trial. At the start of the workshop, the reports were built - weaving a community memory of his commitment to the community and its value to continue fighting until the end of his life. " was very kind to all people ." From boy knew he was going to be a leader . "" He was a man of vision . "" Never let you bind knees. It was a great person . " really gave his life for the community ." (19)
............................... .
For ACOGUATE
Photos: by ACOGUATE
1. Up of families and members of the Los Achiotes
comununidad 2. Carias father
3. The Achiotes to view Zacapa
4.
Carías widow 5. Relatives and make them members of the community during a historical memory of the life of Carías
Footnotes:
1. "Unpunished 99% of war crimes." La Hora. 9 Aug 2008.
2. Land Rights Action Network. "Guatemala: Killing of a peasant leader and his sons, Zacapa." 2 March 2007.
3. Carias, Israel. Audio track. Trial court, Zacapa, Guatemala.
4. Community Workshop, Los Achiotes, Zacapa. 8 August 2009.
5. Amnesty International. Persecution and Resistance: The experience of human rights defenders in Guatemala and Honduras. August 2007. p 13.
6. Land Rights Action Network. "Guatemala: Killing of a peasant leader and his sons, Zacapa." 2 March 2007, Amnesty International. Persecution and Resistance: The experience of human rights defenders in Guatemala and Honduras. August 2007, p 13; UDEFEGUA. "First Semester 2009 Report," p. 10.
7. Carias, Israel. Documentary. Trial court, Zacapa, Guatemala.
8. Personal interviews. June 22, 2009.
9. Community Workshop. The Achiotes, Zacapa, Guatemala. 8 August 2009. Community 10.Taller
. The Achiotes, Zacapa, Guatemala. 8 August 2009.

Maxine On Health Care Cartoon

New rising tension around the mining presence in San Miguel Ixtahuacán


Since the arrival in 2004, Goldcorp and its subsidiary Montana in the municipality of San Miguel community in San Marcos department, there has been an increase in local conflicts related to mining presence. Behind this growing conflict involving different members of the population, those who reject the project, the same company and its employees, PNC elements and the army, are the problems identified to be linked to mining - water and air contaminated wells dried and the generation of health problems. In short, this conflict is related to indigenous peoples' right to determine the use of natural resources.

A new event is added to the list of incidents in the region when on Friday June 12, 2009, it failed a meeting in the village of Sacmuj among some representatives of the Montana Community / as who were demanding the removal of machinery mining that was parked on land recently purchased by the company. There was nobody in the company despite his promise in writing the day before, noting that it was withdrawing its machinery of this place. This was considered disrespectful to the / as residents that consequently burned the machinery of the company. This situation brings to light the lack of a comprehensive dialogue between the two groups - the company and / the settlers - and the use of public safety to defend the interests of people as business people. also highlights the lack of recognition by the company's traditional processes / community as / as related to the need to reach consensus decisions on indigenous territory.
.......................
In Sacmuj, in the municipality of San Miguel community, people are worried about the presence of new machinery of Montana that was located close to three wells water. Indeed, these wells provide water to nearby communities so their residents were afraid of possible water contamination and the possibility that wells would dry up because of mining activity as had happened in other parts of the town above.

However, Montana has granted operating license by the Ministry of Energy and Mines (MEM) although more than half of the 59 villages in the municipality of San Miguel community where referendums were held there was a rejection mining presence. This is reflected in the ruling of the Constitutional Court determines, in 2007, the legality of the consultation but denies its binding. This ruling ignores itself constitudinarios rights of indigenous peoples in the use of natural resources in its territory as stipulated in Articles 15 and 16 of Convention 169 of the International Labour Organization (ILO), ratified by the Congress of Guatemala March 19, 1996.

In the presence of machinery in Sacmuj, opened dialogue between residents and managers of the mine on Wednesday 10 June this year to discuss his retirement. Mining managers reported the threatening posture the protesters rejected the dialogue and called the police to disperse / peasants. Came two units National Civil Police, a unit of private security company of soldiers and four vehicles to meet this task. The next day, people gathered again in the same place. Representatives of the mine and the protesters were able to talk and the company is committed to meeting the demands of the community to remove the equipment the next day at 9 am. On Friday 12 June, at that time, about two hundred people gathered to assist the implementation of the agreement. Hours passed but did not reach any representative of the mining. People are angered by this breach of the undertaking of the mine and machinery burned at noon. As a result

of this situation, the company filed seven complaints sent to leaders / community ezas / as Miguelense, one of which resulted in an arrest warrant against a woman who so far is a fugitive. In addition, on Monday, June 15, about 70 police with army units arrived at the headquarters of the Integral Development Association of San Miguel community (ADISMI) to find the fugitive and accused the / as members of the organization of complicity.

worth mentioning that several European human rights groups consider to " [extreme concern] ... criminal prosecution against members of communities affected by mega projects leaders, NGOs and human rights defenders, which among others, seeks to criminalize social protest. "In addition, the Protection Unit Defenders of Human Rights in Guatemala stated in their Preliminary Report Defenders of Human Rights at the beginning of this year," it was found that 388 farmers are now under orders to capture existing because instead of solving the problem of land use conflicts and the intensification of criminal proceedings to control the population and demand for human rights . "

few days after the conflict in Sacmuj, held a march in the municipality of San Miguel community with the participation of around 1400 people including / workers of the mine and their families and friends. Marched in the city, dresses and girls with white shirts, carrying flowers and candles with messages against the / as leaders of the movements of opposition to the mine including the parish priest, accused of incitement to hatred and violence municipality. Although the priest has taken a stand against the presence of the mine in the town, denied the accusations of hate and violence. The march, called " peace progress " ran in front of the church where the / as members placed hundreds of candles and some learners protesters entered to pray.

On 30 July, a month and a half after the incident Sacmuj, Parish Commission Peace and Ecology (COPAE) presented its second annual report of monitoring and analysis of water quality which expresses a level of copper, aluminum, manganese and arsenic that exceed the maximum allowable by the World Bank to open pit mining in rivers and Quivichil Tzala located around the Marlin mine. However, these figures were rejected by representatives of the company questioning the validity of this monitoring. In a paid ad in the Free Press of August 10, 2009, Montana COPAE report accuses of lacking " scientific support, technical and ethical "and being a tool of conflicts with communities."

community movements continue to organize campaigns of information and consultation processes despite their leaders / ezas are still victims of intimidation including death threats received text messages on their cell phones and smear campaigns that come through anonymous pamphlets circulated in the municipality. It is considered that these acts of intimidation are intended to prevent the development of the work that these / defenders of human rights defenders.

Many of these threats have been reported against local authorities but to date remain unpunished. An example of an excuse to hinder community work is presented in the death threat Javier de Leon, ADISMI, received a text message on his cell phone on 15 June. The message said "Hello sir Leon, you do not get where it suits you, if you get say goodbye to your wife and say goodbye to your loved ones. And only death awaits ... "This threat was reported on Tuesday June 16 at the San Marcos Public Ministry but to date has not been investigated.

is expected in September to conduct the first hearing against the seven individuals who received complaints about to events in Sacmuj. In addition, the mayor of the municipality of San Miguel community, now in favor of the consultation, you want that take place in the course of the month.
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For ACOGUATE
Photo: ACOGUATE

1. Pastoral Commission Peace and Ecology (COPA). 2009. "Second Annual Report of the Monitoring and Analysis of Water Quality." - http://resistencia-mineria.org/espanol/files/Segundo_% 20Informe_Anual_del_Monitoreo_y_Analisis_de_la_Calidad_del_Agua-COPAE.pdf
Oxfam America. 2008. "Metal Mining and sustainable development in Central America: An assessment of costs and benefits,"
Oxfam America. 2008. "Metal Mining in Central America: Pain and Resistance."
2. See "Indigenous territories and Guatemalan democracy under pressure" - June 2009 - http://guatemala.at/ido% 20smi/ido_sanmiguel.pdf
3. A paper signed by the representatives of the company and some community.
4. Interview with Javier de León - 18/06/2009.
5. See "Indigenous territories and Guatemalan democracy under pressure" - June 2009 - http://guatemala.at/ido% 20smi/ido_sanmiguel.pdf
6. For more information, see the Convention. [Online] http://www.ilo.org/public/spanish/region/ampro/lima/publ/conv169/convenio.shtml
7. Interviews with members of ADISMI - 18 and 19/06/2009.
8. According to the statement of the mine-affected communities in the parish of San Miguel community, of ADISMI, the Youth and Rights at Work - 12/06/2009 and interviews with members of ADISMI - 18 and 19/06 / 2009.
9. According to the statement of the mine-affected communities in the parish of San Miguel community, of ADISMI, the Youth and Rights at Work - 12/06/2009. 10.Entrevistas
members of ADISMI - 18/06/2009 and 19/06/2009. 11.Federación
International Human Rights (FIDH), Copenhagen Initiative for Central America and Mexico (CIFCA), Dutch Platform Against Impunity in Guatemala, APRODEV, South Group and CIDSE. July, 2009. Guatemala recommendations on the Council of the European Union. Protection 12.Unidad
Defenders of Human Rights. April, 2009. "Preliminary Report of Defenders of Human Rights: January-April 2009."
13.Prensa Free. June 18, 2009, "March for Peace." - Page 38
14.Entrevista with Father Eric Gruloos - 19/06/2009
15.Prensa Free. July 31, 2009. "Diocese of San Marcos denounced the presence of metals in water sources." http://prensalibre.com/pl/2009/julio/31/331904.html
16.Comisión Pastoral Peace and Ecology (COPA). 2009. "Second Annual Report of the Monitoring and Analysis of Water Quality."
17.Prensa Free. August 10, 2009. Montana Paid field. Page 31. 18.Entrevistas
members of ADISMI - 18 and 19/06/2009.

Facts About Inner Lip Tattoos

A SITRAPETEN year of struggle and the trade union situation in Guatemala


The May 3, 2009 marks a year of struggle for SITRAPETEN, a union composed of employees of the Distributor of the Petén. After the formation of SITRAPETEN, members were dismissed, and have since been subjected to attempts to bribe them to leave the union. In February this year, was ordered relaying. However, to date, the order has not been respected. In a context in which the General Council of the World Trade Organization has named "inadequate" protection of union rights SITRAPETEN members are still struggling. ACOGUATE they have enjoyed since 2008. (1)

The first of May is synonymous worldwide with the acquisition of rights. However, last year, just days after the International Day of Workers, the labor rights of a group of Guatemalan employees were violated after forming a union. In analyzing the trade union situation that currently exists in Guatemala, we see that this case is not isolated SITRAPETEN.

SITRAPETEN 's case
Employees of the Distributor of the Petén, which distributes Pure Water Lifeguard, began the process of formalizing a union in February 2007 to protest against low pay and pressure to meet quotas exaggerated. His attempts to register with the Ministry of Labour were rejected six times. (2)

The May 3, 2008, the company called on union members, informing them that they should resign from the Distribuidora Petén, as it was in bankruptcy . According to members of SITRAPETEN, other workers were offered contracts with four other companies, but the offer was not extended to them. (3) In front of the American Brewery, some workers protested against these actions of the company. This group of about 40 people were evicted by the National Police anti-riot forces, and members of the private security company. (4) In a climate of intimidation and threats, Fredy Morales, leader of SITRAPETEN, was shot a block his home on June 8, 2008 in unclear circumstances. Morales's death go unpunished. To date, SITRAPETEN members continue to face attempts to bribe them to stop their struggle. (5)

On February 6, 2009, the Sixth Court ordered the reinstatement of members of SITRAPETEN. To date, still not reinstated. Within the context of the Guatemalan trade union situation, the struggle for labor rights of the members of SITRAPETEN never going to be easy.

human rights violations of trade union
in a general area of \u200b\u200bhuman rights that has been classified by the Forum of Non Governmental Organizations (6), among others, as "worrying", the union formed the group defenders under threat. Data published by the Protection Unit Defenders of Human Rights in Guatemala (UDEFEGUA) (7) reported that between January and October 2008, trade unionists were victims more than a quarter (47) of all recorded attacks against human rights defenders (180).

Such attacks against trade unionists may contribute to the low level of participation in trade unions in Guatemala. The General Council of the World Trade Organization (WTO) in a report in February this year estimated the rate of unionization in only 3% of the workforce. The situation is even worse in the Export Processing Zones (the "maquilas"). (8) Moreover, the General Council reported that "Although Guatemala has ratified both ILO Conventions on trade union rights, protection of rights defined in them is totally inadequate. " (9)

The publication of the WTO report comes after the announcement in January this year by the Ministry of Labor, United States ( DOL for its acronym in English ) that five complaints from Guatemalan trade unionists April 2008 are considered serious violations of the Labor Code. However, the DOL advised that he would not resort to sanctions for breaches of the labor chapter of the Free Trade Agreement with Central America and Dominican Republic (DR-CAFTA , for its acronym in English ). (10) In an interview with ACOGUATE Edwin Alvarez of SITRAPETEN expressed his concern about this situation, saying he sees " something together (sic) support it, because if they saw that there really was a violation of labor rights that sanctions will be just ... if they have not punished Guatemala or do not want sanctions, which may have been misled. But not to be deceived, to send committees to see what really the working class itself is suffering Guatemala violations. "(11)

With the current economic crisis, there are concerns that the labor rights situation will worsen further. On 29 April this year, was scheduled to arrive A mission of the International Labour Organization (ILO) in Geneva, Switzerland with the aim of " facilitate a dialogue between the employers and the labor sector, in order to give effect to the Convention 175 . (12) This agreement allow part-time employment. However, discussion of the Convention here in Guatemala has caused much anguish. Rigoberto Dueñas, labor sector representative to the Tripartite Commission for Labor Affairs, shows concern that the Convention will result in the hiring of workers without contracts for an indefinite period, lack of employment benefits, or to facilitate the dismissal of thousands of workers. (13) Edwin Alvarez of SITRAPETEN repeats the same questions: " this situation, what comes to the worsening employment situation, because the entrepreneurs who are dedicated to exploit all workers are going to hire the workers with a time and no benefits and they are very easy under the law ... . (14)

continues the struggle for unionism ...
In June 2000, the Mission Verification Mission in Guatemala (MINUGUA) presented its report on labor rights, which said it was still present " the belief that the union is a source of problems and obstructs the smooth running of the company. It is essential to eradicate the use of dismissal as a means to prevent the exercise of the right of association for workers . (15) Nine years later and still no layoffs to avoid the right of association in Guatemala, as in the case of SITRAPETEN that May 3 was a year of struggle for their right to unionize. Written by ACOGUATE


ACOGUATE Photo: The new blanket SITRAPETEN facilities in front of the Palacio Nacional.
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Reference Notes:
1. For more information see Acoguate blog, July 18, 2008, workers Lifeguard - SITRAPETEN, www.acoguate.blogspot.com/2008_07_01_archive.html
2. See interview with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, Acoguate, July 7, 2008, www.acoguate.blogspot.com/2008_07_01_archive.html
3. Conversation with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, April 30, 2009
4. Ibid.
5. Several conversations with members of SITRAPETEN this year (2009)
6. Prensa Libre, December 10, 2007, denounced precarious human rights situation in Guatemala, www.prensalibre.com/pl/2007/diciembre/10/190082.html
7. Preliminary report on the situation of defenders of human rights in Guatemala for the period January to October 2008, UDEFEGUA
8. Report to the trade policy review of Guatemala by the WTO General Council, Geneva, 2 - 4 February 2009, www.ituc-csi.org/IMG/pdf/Examen_OMC_feb2009_-_Guatemala_final_SP.pdf
9. Ibid. 10.The
Journal, January 21, 2009, USA Guatemala does not penalize for labor violations, www.elperiodico.com.gt/es/20090121/economia/87421/
11.Entrevista with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, April 28, 2009
12.Prensa Free April 28, 2009, Mission ILO seeks consensus to enforce the Convention 175
13.The www.prensalibre.com/pl/2009/abril/28/310966.html Newspaper, April 28, 2009, Executive flexible labor policy studies with the crisis, www.elperiodico.com.gt/es/20090428/economia/99088
14.Entrevista with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, April 28, 2009
MINUGUA 15.Informe , 2000, cited in the Employment Rights (draft), Commission on Legal Empowerment of the Poor and the Association for Research and Social Studies, www.undp.org / legalempowerment / reports / National% 20Consultation% 20Reports / Country% 20Files/11_Guatemala/11_5_Labor_Rights.pdf

University Of Hawaii Hoodie

Important developments in the case of genocide


national genocide case brought by the Association for Justice and Reconciliation (AJR) and the Centre for Human Rights Legal Action (CALDH) is beginning its ninth year in the Guatemalan legal system. Los / as involved / as in the case and various groups and national and international individuals are still waiting for the fulfillment of justice. On February 25 - Day of the Victims of Armed Conflict - had to make another important step in the process as court ordered issued by the Constitutional Court ended the period for which the Minister of Defense, Abraham Valenzuela, deliver the four military plans (1) the Attorney General so that later can be used as evidence and possibly evident in the case of genocide. But this breakthrough was frustrated by what human rights organizations call it a failure of due process and "a mockery of the families of the victims seeking justice" (2).

ACOGUATE has accompanied the AJR and CALDH throughout this process, since 2000, and continues to accompany and monitor their participation in genocide.

February 25, at 12 pm, there were about 5000 people from various departments gathered in Central Park as part of the event organized by the government of Alvaro Colom and the National Reparations Programme to commemorate the tenth anniversary Publication reports of the Commission for Historical Clarification (3). In his speech, President Colom announced that half an hour ago and the four military plans had been delivered by the Minister of Defence to the second judge of first instance, Jorge Mario Valenzuela (4).

However, about an hour earlier, at a hearing (5) between the judge Valenzuela, Minister of Defense, the Public Ministry and CALDH / AJR, Defence Minister made two folders on the desk of the judge indicating that they were Firmness plans 83 and Victoria 82. Asked about the two other plans that had to be delivered, the Defence Minister said that the whereabouts of these plans and did not know of its existence (6). In the end, the judge did not receive any of the plans presented, indicating that the court was not a safe place for storage. Defense Minister brought back ending the hearing.

Several human rights activists critical of what happened by saying that:

Carmen Aida Ibarra of the Myrna Mack Foundation: "The authorities of the Ministry of Defence acted incurred cynicism and contempt, in not giving the four schemes military. The judge (Jorge Mario Valenzuela) acted in disregard of their duties by failing to require delivery of these documents to the Army, he had the power to order them and store them in a sure. "

Iduvina Security Hernandez Democracy - SEDEM: " By not having delivered the four military plans, the Minister of Defense (Abraham Valenzuela) committed obstruction of justice, if he refuses to deliver these documents is because it is covering up for those responsible for genocide during the massacres in the civil war. "

Juan Francisco Soto and Mario Minera, CALDH: " There anomalies in this proceeding, because we were not notified, and it was a mockery of the family victims seeking justice. " added that by failing to deliver the plans shows that (Department of) Defence insists on protecting Rios Montt and allied military (7).

Tomorrow, February 27 at 10am is calling on civil society and the press "to request the Attorney General's investigation of the Minister of Defence for the crime of disobedience, concealment of documents and cover himself by not comply with the decision of the CC and the application of MP to deliver the four military plans " (8).

For ACOGUATE
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
1) Sofia Plan, Operation Ixil, Firmness 83, Victoria 82
2) http://www.prensalibre.com/pl/2009/febrero/26/297982.html
3) It should be noted that these reports be liable to the Guatemalan government of committing genocide.
4) The second judge of first instance, Jorge Mario Valenzuela, is the same judge that the March 12, 2007 resolved that the Ministry of Defence exhibit the four military plans.
5) CALDH / AJR were not officially notified of this hearing and that anyway the official procedure was that the defense minister had to deliver the documents to the Ministry of Defence at the headquarters of the same.
6) http://www.prensalibre.com/pl/2009/febrero/26/298241.html
7) http://www.lahora.com.gt/notas.php?key=44875&fch=2009-02 -25 Http://www.prensalibre.com/pl/2009/febrero/26/297982.html

http://www.sigloxxi.com/noticias/26807
http://www.elperiodico.com.gt/es / 20090226/pais/92550 /
8) Press release issued by the Coordination Genocide Never Again

Hang Wood Mantel Shelf

Case The Jute: Past, Present and Future of Fight Case

The Constitutional Court protects soldier accused of the disappearance of 7 people

Photo: Activists criticize the implementation of the Reconciliation Act in cases of crimes against humanity

In late 1970, a personal struggle between the military commissioner Salomo Maldonado and family members of the village The Jute Maldonado resulted in a complaint to several people for having links with the guerrillas. In the years most violent anti-insurgency policy, on October 19, 1981, eight of them were missing under the command of Mario Enrique Sánchez Samayoa, a colonel in the military area of \u200b\u200bZacapa, with the participation of Maldonado and two military commissioners more.

In 2000, relatives of the victims formed the Committee with the aim of prosecuting the colonel and three commissioners for crimes of torture and enforced disappearance. Since been leading a legal fight strewn with appeals and injunctions. The criminal court judge decided in 2005 that there would be no trial for enforced disappearances, but kidnapping and abduction. The 4 defendants have more than three years in prison on remand.

At the beginning of December 2008, the victims of the Jute and accompanying groups and organizations know how effective was the decision of the Constitutional Court, by which Colonel Sánchez Samayoa amnesty and retire measures coercion, arguing that the crimes of kidnapping and abduction can pass under the National Reconciliation Act, which is not the case for the crimes of enforced disappearance.

ACOGUATE takes 3 years accompanying the Victims Committee, noting the precarious security situation in which families live and take this fight for justice.

A LEGAL PROCESS SLOW

The legal process began in 2001 when the Foundation for Mutual Support Group (GAM) filed a writ of habeas corpus on behalf of the disappeared. Throughout the process there have been many remedies, appeals and tipping the scales that were alternately to and fro. In particular, the case proceeds in 2005 when the Office of Human Rights, following investigations, prosecution and claims made for trial in the Eleventh Court Criminal Trial.

the offense

The definition of the crime as kidnapping or abduction rather than disappearance, the latter crime against humanity and that does not support the extinction of criminal liability is a key to the process. The Office of Human Rights made the charge of crimes, enforced disappearances, crimes of duty to humanity and illegal detention in real competition, while the criminal trial judge, Cojulum changed the definition of the first on the abduction or kidnapping , which itself is pardoned under Articles 2 and 4 of the National Reconciliation Act.
GAM
addition, various non-governmental human rights (Myrna Mack Foundation and the Center for Justice and International Law) have highlighted the alarming attitude of the Attorney General, by silencing the change, as well as their passivity to be withdrawn not involved as part of the First Chamber of the Court of Appeal in 2005 (1).

Not so in Choatalum, which opened criminal proceedings against Felipe Cusanero, a former military commissioner accused of forced disappearance of 6 people between 82 and 84. The judge in this case did admit this classification. The event runs from April in the table of the Constitutional Court, having argued Cusanero lawyers retroactivity of the law. The crime of enforced disappearance did not exist until the year 1996 (see previous article for more information on the case).

But back to El Jute, it is noteworthy that the testimony of witnesses and relatives of the village say the crime of torture as one of those charged by the defendants.

The content of the decision of the Constitutional Court referred to the acts of the defendants were part or on the verb "prevent, deter, prosecute or punish political crimes, which inevitably relates to people disappeared with the guerrillas. But the resources of the PDH and the MP have pointed out that this argument has not been sufficiently tested and is not an excuse for the disappearance of these people (2).

addition, the State of Guatemala has signed numerous international treaties that require it to ensure the protection of people and the state's responsibility to crimes against humanity. The decision of the Chamber of the Court of Appeals, now ratified by the Constitutional Court dangerously contravenes the Geneva Convention, the Inter-American Convention on Forced Disappearance of Persons, the recommendations of the Committee Against Torture on not using the National Reconciliation Law in these processes, and the same authorities of the Supreme Court (3).

"mixed feelings" IN THE JUTE

The committee comprises 27 people, witnesses and relatives of the disappeared in 1981, living in El Jute but also in neighboring villages like El Limon, from which the Commissioner Maldonado . Group members living next of kin of the commissioners imprisoned since 2005, and this conflict is always a risk for them. In recent years, faced several death threats and intimidation by the Maldonado family.

With the decision to grant amnesty to Colonel Sanchez comes to committee members a new wave of insecurity. They wonder about the possible Colonel actions or reactions to them, when you leave in January 2009 after three years in prison. They worry also that the three commissioners come out, what seems most likely against amnesty for Sanchez. GAM

stressed that the three commissioners, noting the case of Colonel, made a request to be granted amnesty too. Meanwhile, the State is not blaming the face of threats received by its citizens and can not rely on state institutions to ensure the safety of members of the group. While GAM believes that institutions do not have the skills and resources to ensure the safety of people's committee what worries them not only now but long term, optics continue fighting for several years at other levels of justice. The physical vulnerability, local daily and is further accentuated with the lawlessness that feels (4).

This Court decision is a blow to the Committee members who have years of wasting energy to fight and to keep alive the will and hopes against widespread impunity. Strongly criticizing the release of Colonel Sanchez Samayoa a committee member said "The colonel is the one who bears the burden of guilt, the three commissioners were only messengers. The colonel, he does think and premeditated acts, and he was released! "

People evokes feelings of helplessness, frustration and shame seeing how it can be difficult to affect the military impunity in Guatemala. "The military power, money, and friends," said one committee member, referring to the suspicion of bias, which evoked the GAM in its statement of 7 December (3). This statement indicated that "the defense counsel of Colonel Sanchez Samayoa has shared office for more than 30 years with Judge Francisco Flores." Also Myrna Mack Foundation, in its statement of December 10, mentions that "the entire case management Jute has been malicious litigation and numerous anomalies that have served (...) impunity in different ways "(1).

Importantly, the severity of the decision of the Court with respect to the dignity of victims. As representatives of GAM point, originally, on charges of forced disappearance are looking for individuals to recognize that disappeared in El Jute in 1981 farmers were innocent victims of violent repression by the state. Not being accepted the original indictment was supposed victims had ties to the guerrillas and that his disappearance was justified by the times of counter-insurgency war. Now, amnesty to those responsible under the National Reconciliation Act, the Court reaffirmed this view. For the families of the disappeared, this amnesty helps to deny the dignity of victims, and to delegitimize their struggle (4).

With reference to committee members, some members expressed their weariness and disappointment for so many years fighting the case in El Jute, in a context of insecurity and threats, exposing the conflicts and risks in their own village. But many are ready yet to do with the support of GAM what legal strategies can be carried out, not to abandon the fight for the ruling. "We lost the trial, but we continue to do more things, maybe not for ourselves "(5). *************




ACOGUATE Writer Photo by ACOGUATE


Fuentes (1) Press the Myrna Mack Foundation, December 10, 2008
(1) Press the CEJIL, December 12, 2008: http://cejil.org/comunicados.cfm?id=870
(2) Decision of the Appeals Chamber of the Supreme Court, Appeal No. 07-2007, November 12, 2008.
(3) Field paid in the Office of Human Rights: a serious setback for human rights. Prensa Libre, December 11, 2008
(3) Press Foundation Mutual Support Group, 7 December 2008.
(4) Meeting with GAM, 18 December 208.
(5) Visit in El Jute, 14-16 December 2008

Other sources:

National Reconciliation Act of December 27, 1996, Decree No. 145-1996

Prensa Libre:
Edition electronic, print edition
http://prensalibre.com/pl/2008/abril/09/230922.html December 8, 2008, page 10.

Hour:
printed edition of April 10, 2008, p. 12.
printed edition of December 12, 2008, page 13. Edicición
print December 13, 2008, Page 3