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)
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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.
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