Guatemala: Wall of impunity fortified as landmark convictions annulled
AMNESTY INTERNATIONAL
PRESS RELEASE
AI Index: AMR 34/063/2002
(Public)
News Service No: 179
9 October 2002
Guatemala: Wall of impunity fortified as landmark convictions annulled
The decision by a court of appeal in Guatemala to annul all convictions in
the case of the murder of Bishop Juan José Gerardi Conadera is a grave
setback for justice in the country, Amnesty International said today.
Yesterday, the court ordered that the 30 year sentences of
Retired Colonel Byron Disrael Lima Estrada, his son Captain Byron Miguel
Lima Oliva, and former presidential bodyguard José Obdulio Villanueva
for the murder of Bishop Gerardi in April 1998 be annulled and the case be
retried due to what was described as irregularities, including those in the
testimony of a key witness. The sentence of Catholic Priest Mario Orantes
Nájera to 20 years as an accessory to the crime was also annulled.
"The outrage felt by human rights organizations in Guatemala
is a justified response to a decision that displays utter contempt for the
years of struggle for justice in the country," Amnesty International said.
The organization made clear that the annulment of the convictions clearly
demonstrated that the Guatemalan authorities are not committed to ending
impunity for human rights violations.
"We are extremely disappointed with the decision, as it is typical of past
tactics seemingly intended to discourage, exhaust and bankrupt those trying
to combat impunity in Guatemala," said Amnesty International.
"An objective may be to allow even more time to intimidate
or buy off those whose testimonies were crucial to the initial conviction,"
added the organization, recalling how at least nine witnesses connected to
the case were killed and several legal professionals involved in the case
were forced to flee the country.
The original convictions were the result of the unyielding
resolve and determination of Guatemalan human rights advocates, including
the Guatemalan Archbishop's Office for Human Rights (ODHAG), who continued
working on the case despite repeated threats, harassment and attacks.
"These convictions were hailed nationally and internationally as a sign that
justice was possible in Guatemala after all, and as an encouraging step towards
ending the blanket impunity enjoyed by those responsible for the atrocious,
mass human rights violations committed in Guatemala during the country's
long-running conflict," Amnesty International said.
Referring to last week's conviction of one military officer for ordering
the 1990 murder of anthropologist Myrna Mack, Amnesty International commented
that, "the hope that the Guatemalan judiciary gave with one hand, has
now been taken away with the other."
"It is now of the utmost importance that the international community, and
especially those countries that have supported the peace process, send a
clear message to the Guatemalan authorities that justice for all cases of
human rights violations is a prerequisite for true and lasting peace in Guatemala
and must be a crucial consideration in continued backing of Guatemala's peace
process," the organization added.
Background
Bishop Juan José Gerardi headed the Guatemalan church's
inquiry into the abuses of the conflict years. He was battered to death in
April 1998 two days after presenting the project's findings.
Military officers Lima Estrada, Lima Oliva and former officer
Obdulio Villanueva were sentenced on June 2001 for planning the murder. These
were the first military personnel to be sentenced for a human rights violation
in Guatemala. At the time of the convictions, proceedings were kept open
against other, higher-ranking military officials allegedly involved in the
crime, but no developments in these proceedings have been reported.
From the outset of the case, those pressing for genuine inquiries were subject
to constant threats and harassment; witnesses were killed and several legal
personnel involved forced into exile. Official investigations seemed designed
to obscure rather than uncover the causes of Bishop Gerardi's death.
Massive military displays of support for their accused colleague
in the Gerardi and Mack cases appear to have exacerbated prevailing tensions
in Guatemalan society. These tensions and the climate of impunity
have also been heightened by President Portillo's recent accession to the
demands for compensation of former members of the civil patrols, themselves
responsible for a broad range of atrocities during the armed conflict.
Public Document
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