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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/