In a landmark human rights trial that began on 19th March, former military dictator José Efraín Ríos Montt is facing charges of genocide and crimes against humanity in Guatemala. Ríos Montt is implicated for overseeing the majority of atrocities committed during the country’s 36-year civil war, during which he served as de facto president for a 17-month period after gaining power through a military coup in 1982.
The task of bringing Ríos Montt’s case to the justice system for mass crimes committed three decades ago has been hindered by countless setbacks -habitual suspensions due to constitutional and appellate court deliberations, death threats (and actual attacks) against those who uncovered evidence, an endless tug-of-war over the legitimacy and applicability of a void amnesty law from the 1980s, complications after evidence suggested links with the current Guatemalan president, and, as of late, defence complaints regarding evidence validity and representation rights.
However, as the bureaucratic hindrances fade away and real hearings begin, Ríos Montt’s trial marks the first time that a former head of state has ever been tried for genocide or crimes against humanity in a domestic court, a monumental move on the part of Guatemalan justice.
Background
Between 1960 and 1996 Guatemalan government troops clashed with guerrilla forces and targeted suspected sympathisers with the leftist-rebel cause: mainly indigenous groups of Mayan descent. After the war, national peace and reconciliation

A chart showing human rights violations in Guatemala from 1962-1996 (Source: CEH database) Click to enlarge.
commissions and the UN reported that about 200,000 people had died or disappeared throughout the conflict and thousands of others were systematically raped and tortured in governmental efforts to eradicate ‘subversion’.
A report from Guatemala’s Commission For Historical Clarification (CEH) indicates that nearly half of all human rights violations that occurred during the country’s civil war happened under Ríos Montt’s rule.
Ríos Montt’s plan to root out opposition, paralleled by other dictatorships of the era, was based on the idea that temporary dictatorial rule was the only way to reinstate order and control in a society that had been infiltrated by leftist ideologies and subsequently spiralled into chaos -whatever the initial costs may be. In this way, Ríos Montt developed his National Plan of Security and Development, a ‘scorched earth’ policy launched in 1982 that called for and justified persecution of suspected subversives to the point that they were not just pacified, but disappeared completely.
“There is no possible argument that recognises the ‘necessity’ of this horror,” says Latin American History professor Hugo Pomposo, of the University of Belgrano in Buenos Aires, who explains that this line of thought for justifying crimes and human rights abuses committed for historical ‘state interests’ is inexcusable, no matter how many years later.
Supporters of the genocide trial hope that with the initiation of case hearings those responsible for crimes committed in Guatemala in the name of ‘order and progress’ will be held accountable.
The Charges
Ríos Montt currently faces two separate genocide charges: the slaughter of 1,771 members of the Ixil population in Quiche between March 1982 and August 1983 and the displacement of nearly 30,000 others from the area, and an instance in Dos Erres in December 1982 in which 201 people were massacred. Both genocide charges also include allegations of ordered sexual violence and torture.
The ongoing trial solely regards the first set of charges, in which Ríos Montt is accused of approving and overseeing the completion of these acts and José Mauricio Rodriguez Sánchez, who served as chief of military intelligence under Ríos Montt, allegedly developed and implemented concrete military strategies to bring Ríos Montt’s vision to fruition -including hundreds of pages of documents that detailed secret killing missions.
High ranking military officers that served under Rodríguez Sánchez and Ríos Montt, like Oscar Mejia Victores and Héctor López Fuentes, are also implicated in the genocide cases, although charges have been suspended due to the health condition of the elderly defendants.
According to reports, the second genocide charge related to the Dos Erres is to be addressed in a later case.
The defence first aimed to block the genocide case from reaching the justice system altogether by using threats against those who brought about complaints, citing an outdated amnesty law, and taking advantage of Ríos Montt’s congressional immunity until last year.
After the case was finally brought to court, Ríos Montt’s lawyers have consistently asserted his innocence, as he never directly commanded soldiers to commit the crimes and never himself participated in the violence.
Case History
The Ríos Montt trial has a long and convoluted history outside of the hard to decipher crimes it seeks to confront.
A 1986 decree passed by Mejia Victores (who was president at the time and had served under Ríos Montt as defence minister, later overthrowing him in a coup) conveniently granted universal amnesty for those suspected of human rights violations and general war crimes between 1982 and 1986.

A cemetery in Rabinal, Guatemala where many victims of the Guatemalan civil war are buried. (Photo: Wikipedia)
Congress later deemed this move void in the 1996 National Reconciliation Laws, lifting the amnesty for perpetrators of crimes considered to be international human rights abuses. One year later, Congressional Decree 133-97 repealed all amnesty laws before 1996 (ie., Mejia Victores’ 1986 decree).
This amnesty law has been the key defence argument protecting Ríos Montt and Sánchez (as was Ríos Montt’s recently terminated protection under congressional immunity) and Guatemala’s Constitutional Court is still reviewing its applicability in the current trials.
After a group of Guatemalans brought the case to a court in Spain with international jurisdiction and no real developments resulted, in 2001 the Justice and Reconciliation Association joined with other Guatemalan members of civil society to file an official complaint with state authorities for investigations into the most heinous crimes of the 1980s. With this step, historical records started opening up to the public and charges of genocide and crimes against humanity developed for domestic hearings. Six years later, in 2007, Guatemala and the UN established an international body to oversee investigations and move prosecutions forward.
In 2009, nearly 50 years after the start of Guatemala’s civil war, trials began. Those in question were essentially the people on the ground while the human rights abuses were being committed: police officers, government soldiers, and paramilitary troops. Convictions were made in these initial proceedings, although the highest-ranking official prosecuted was a former police chief.
In a strange turn of events in 2011, Mejia Victores brought himself forward for investigations. However, months later his case was called off due to his deteriorating health. Similarly, Sánchez was arrested in that year pending genocide charges but was moved to a military hospital to await hearings.
Finally, on 26th January last year, a federal judge formally accused Ríos Montt of genocide and crimes against humanity, as the ex-dictator ended his congressional term and procedural immunity along with it.
Current Proceedings
In recent months, the genocide case has only become more complicated. On 28th January presiding Judge Miguel Angel Galvez declared that enough evidence had been presented for the trial of Ríos Montt and Sánchez to begin. A three-judge panel was set up to hear the case and 19th March chosen as the date for hearings to commence.
In February, Judge Galvez called for testimonials and evidence related to the case to be brought forward. He also opened previously classified state documents for investigation. During this time an article was added to the Guatemalan Criminal Procedural Code that allows for pertinent new evidence to be considered, even if presented after the beginning of the hearings, and allows for temporary trial suspensions under such circumstances to review new evidence.

Former Guatemalan dictator José Efraín Ríos Montt. (Photo: Wikipedia)
In the weeks leading up to the trial, the state’s Constitutional Court released a mixed decision concerning the 1986 amnesty law: it rejected the defendants’ claims that the law could call off the prosecution completely but continued considering a separate assertion that the law be taken into account in the current proceedings.
On 19th March the trial began, and within the first several hours Ríos Montt’s attorney Francisco Garcí was expelled from the courtroom after the judicial panel interpreted his request for more time to study trial records as an unnecessary and strategic move to postpone the trial even further. Ríos Montt went on to assert that in this way his rights to representation were denied from day one of the proceedings.
Two weeks later, the Constitutional Court altered the protocol related to the presentation of evidence, rejecting Judge Galvez’s habit of deeming defence evidence useless or excessive. On 17th April the Supreme Court called on the appellate court to clarify the 1986 amnesty law issue. The next day, Judge Carol Patricia Flores (who had initially charged Ríos Montt with genocide, was later removed via recusal and only recently reinstated) annulled the trial until a decision was made.
This decision to call off the trial, which was later reversed, is the most important recent development in the case and raised international outcry. According to news agency Democracy Now! the decision to suspend the trial was two-sided, as it apparently also coincided with political interests of the current government.
Investigative journalist Allan Narin was set to testify as a ‘qualified witness’ in front of the judicial panel in the coming days, with first-hand evidence he gathered during the civil war years that reportedly implicated the current Guatemalan president, General (Ret.) Otto Pérez Molina, when authorities froze the case. Pérez Molina served as a military officer under Ríos Montt and represented the armed forces in the peace negotiations of the 1990s.
During the critical days when the international community was unsure of whether the trial would carry on at all, Sebastián Elgueta, researcher on Guatemala at Amnesty International said: “The consequences of this decision may set back the clock in Guatemala to a time when impunity was the norm for those types of crimes.”
The trial court, however, met briefly following the Flores move and decided that she had no authority to annul the trial. It did, however, decide to freeze hearings pending Constitutional Court approval, which came on 22nd April.
On the last day in April the court convened after a recess and Ríos Montt appeared before the judges with new representation, although the case was again halted after only two days so Sánchez’s public defender (also new to the trials) could prepare.
In the last few days, Guatemala’s Constitutional Court responded to several defence appeals and is still considering the amnesty question. On 2nd and 3rd May it announced that case judges could not decide which kinds of evidence to recognise and rejected Ríos Montt’s claims that he was denied proper representation at the start of the hearings.
The court was originally set to reopen proceedings yesterday. However, the Court of Appeals suspended hearings in an announcement late Monday night after it reviewed Ríos Montt’s complaints over his allegedly compromised representation and reinstated defence attorney Fracisco García. After receiving the news of García’s reinstallation, the court was allotted 24 hours to make a decision on how to proceed with the case. It should announce a plan for future proceedings today.
For supporters of the trial, it is hoped that proceedings will restart with momentum and that the court will make some ground before more complications spring up.

Protesters hold banners against Ríos Montt in Guatemala City, 2006 (photo courtesy of Wikipedia)
Implications
Ríos Montt’s trial has various potential implications. It represents a monumental step in the search for justice for the people of Guatemala and introduces what could be a groundbreaking initiative for tackling perpetrators of mass crimes on a national level.
According to Pomposo, “the case is a very significant advance against the impunity for the military dictators in all of Latin America, and of course also for Guatemala, which has suffered one of the most brutal military dictatorships of the ’70s and ’80s.”
Assuming that the trial is properly carried out to completion, the verdicts will undoubtedly carry historical significance and could set a precedent for future genocide cases. Furthermore, contextualised in a region where other figures like Ríos Montt appeared during the years of Cold War terror -many like Ríos Montt allegedly backed by the CIA and the School of the Americas- the Guatemalan case could also have international implications.
Pomposo adds that “it is undoubtedly true” that the Guatemala case, particularly with the charge of a former head of state with genocide, could be held as precedent in other Latin American countries where there exist historical “violations of human rights instrumented by innumerable military interventions that have come about by coup d’états often brought about in cooperation with the US.”
Although individuals responsible for war crimes and genocide are nearly impossible to pinpoint, and undoubtedly involve several if not thousands of accomplices, the Guatemala case marks one step forward in bringing about justice for victims of these atrocious crimes committed decades ago. The coming hearings (and the obstacles they may face) will reveal whether or not trying Ríos Montt and Sánchez for genocide is the way justice will be served.
Update: Ríos Montt was found guilty of genocide on 10th May, whilst Rodríguez Sánchez was acquitted. More information here.
For information about the case documented through personal stories, check out the ‘Granito: How to Nail a Dictator’ videos: http://granitofilm.com/granito/antonio