International Justice Monitor

A project of the Open Society Justice Initiative

Summary of trial and excerpts of judgment available

The Open Society Justice Initiative has just published a summary of the six week trial of Efrain Rios Montt based on the daily monitoring reports from this website.

The 56-page book, Judging a Dictator: The Trial of Guatemala’s Rios Montt, also includes an English translation of excerpts from the 718-page judgment against Rios Montt (specifically Section III of the judgment, covering the facts regarded by the court as proven (pages 103-45) and Section V, covering the charges proven against Rios Montt (pages 682-703).

Also available on the Open Society site is a fuller English translation of key sections of the judgment, and a translated text of the constitutional court ruling that led to the cancellation of the guilty verdict against Rios Montt, … Continue Reading

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Ixil genocide trial on hold, other charges against Rios Montt continue

With the events of recent weeks – the May 20 Constitutional Court decision to undo the guilty verdict in the Rios Montt trial and the new trial court’s expressed unavailability until April 2014 – it seems that continued legal proceedings against Rios Montt in the Ixil genocide trial will be in the best of scenarios on hold. However, there have been further developments in connection with another set of charges against former Guatemalan de facto president Efraín Rios Montt.

Yesterday, June 24, Judge Carol Patricia Flores ruled on a request for her disqualification as a pre-trial judge in the case of the massacre at Dos Erres. The civil party FAMDEGUA (Association of the Families of the Disappeared of Guatemala) sought her … Continue Reading

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One Month After Guatemala’s Constitutional Court Intervenes to Challenge Rios Montt Genocide Conviction: Amnesty Back on the Table, New Trial Court Booked Till Mid-2014, and Rios Montt Back Home

On May 20, almost one month ago, the news that Guatemala’s highest court partially annulled the judgment and trial in the case of Efrain Rios Montt, essentially on a technicality, shook Guatemala and the international community. The Constitutional Court issued its resolution only three days after the trial court had issued its extensively detailed judgment laying the basis for the genocide and crimes against humanity conviction of the former dictator who ruled Guatemala during the bloodiest period of the country’s 36-year armed conflict. This was the first conviction of a former head of state for genocide in a domestic court, but followed a line of cases prosecuting military leaders, particularly in Latin America, for crimes committed during some of the … Continue Reading

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One Week After Overturning Former Dictator’s Genocide Conviction, Guatemalan Constitutional Court Considers Whether Rios Montt Should Benefit from 1986 Amnesty

In a tense political climate, Guatemala’s Constitutional Court last week overturned the historic conviction of former Guatemalan strongman Efrain Rios Montt, who ruled Guatemala for 17 months in what Guatemala’s truth commission recognized as the most brutal period of Guatemala’s 36-year internal armed conflict.

Now the Constitutional Court has resuscitated long-dormant defense claims that a historic amnesty prevents any prosecution of Rios Montt or his co-accused, Mauricio Rodriguez Sanchez.

Constitutional Court Ruling Creates a Legal “Labyrinth”

On May 10, a Guatemalan trial court convicted Rios Montt of genocide and crimes against humanity for killings, forced displacement, rapes and torture committed under his rule. The trial court acquitted Rodriguez Sanchez, Rios Montt’s head of military intelligence, on the same day. One … Continue Reading

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Uncertainty Hovers Over Next Stages in Historic Guatemala Genocide Case After Constitutional Court Overturns Conviction

One week after the Constitutional Court overturned the then days-old conviction of Guatemala’s former de facto president Efrain Rios Montt for genocide and crimes against humanity, the status and future prospects of this historic case remain uncertain. This was the first conviction of a head of state for genocide in a domestic court, with prosecutors, survivors and human rights organizations seeking to hold Rios Montt accountable for abuses committed during the most brutal period of Guatemala’s 36-year civil war, including the killing of 1,771 Maya Ixiles.

Historic Verdict and Judgment Issued – and Overturned in Contentious Constitutional Court Decision

On Friday, May 10, the six-week trial concluded, following the testimony of over 90 witnesses as well as experts in various fields, … Continue Reading

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Guatemala's Constitutional Court Overturns Rios Montt Conviction and Sends Trial Back to April 19

Only ten days after a trial court issued its historic verdict convicting Efrain Rios Montt for genocide and crimes against humanity, and sentencing him to prison for 80 years, Guatemala’s Constitutional Court, in a 3-2 ruling, overturned the verdict and set the trial back to where it was April 19. This verdict had been the first genocide conviction of a former head of state in a domestic, rather than international, court.

Rios Montt was convicted for crimes committed against Guatemala’s Maya Ixil indigenous population during his 17-month de facto rule in 1982 and 1983 following a military coup. On Friday, May 17, the trial court (Tribunal Primero de Sentencia Penal, Narcoactividad y Delitos contra el Ambiente de Mayor Riesgo “A”) released … Continue Reading

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Judgment in Genocide Trial Expected Today at 4 pm Despite Pre-trial Judge's Call for Trial's Annulment

The trial in the case of Efrain Rios Montt and Mauricio Rodriguez Sanchez for genocide and crimes against humanity concluded this morning.

The last order of business was a statement from Rodriguez Sanchez, head of military intelligence under Rios Montt’s government. He spoke to the court, affirming his innocence of the charges against him. Then, with a bang of her gavel, presiding Judge Yassmin Barrios  declared the conclusion of the trial and said that the court would reconvene at 4 pm (Guatemala time) for a verdict and sentencing.

In light of a pre-scheduled hearing called by Judge Carol Patricia Flores, a pre-trial judge who handles evidentiary and other matters in connection with the case, Judge Barrios instructed the parties that, while they may attend that … Continue Reading

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Historic Genocide Trial Nears End; Rios Montt Addresses the Court, Declares Innocence

After several weeks of fits and starts, the trial of Efrain Rios Montt and Mauricio Rodriguez Sanchez is nearing conclusion. The former head of state and chief of military intelligence, being prosecuted for genocide and crimes against humanity in a Guatemalan courtroom, could expect a sentence as early as today after a dramatic week. After Thursday’s hearing, all that remains of the trial is the statement of co-accused Rodriguez Sanchez. There were risks on Wednesday that the trial’s conclusion would be interrupted by legal maneuvers and the intervention of other courts, and those risks remain though they are decreasingly likely now.

The Public Ministry presented closing arguments on Wednesday afternoon, and on Thursday the court heard the remaining closing arguments from … Continue Reading

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Rios Montt Trial Moves to Closing Arguments: Public Ministry Seeks 75 Years in Prison for Genocide and Crimes Against Humanity

Wednesday’s hearing in the Guatemalan genocide trial of Efrain Rios Montt and Mauricio Rodriguez Sanchez saw a dramatic turn of events when, after a tense morning of vitriolic outbursts and veiled threats by defense attorney Francisco Garcia Gudiel, the trial court moved in the afternoon to hear closing arguments.

Representing the Public Ministry, prosecutor Orlando Lopez gave a two and a half hour presentation outlining the case against Rios Montt and Rodriguez Sanchez, who stand accused of genocide and crimes against humanity. The charges refer specifically to the murder of 1,771 Maya Ixils from Quiche department during the 17 months of Rios Montt’s de facto government between March 1982 and August 1983. In his concluding remarks, Lopez asked the court to … Continue Reading

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Trial court reopens but adjourns quickly as defense lawyer is a no-show; Constitutional Court issues three judgments

Presiding Judge Yassmin Barrios reconvened the trial of Efrain Rios Montt and Mauricio Rodriguez Sanchez Tuesday morning, only to adjourn within 30 minutes on account of the defense lawyer’s absence. Observers were left with lingering uncertainty about how the trial court would respond to Monday’s appeals court ruling. More broadly, observers and parties wondered whether the trial court would be able to hear the final defense witnesses and closing arguments, or whether it would continue to be stymied.

Meanwhile, in the afternoon, the Constitutional Court released another trio of judgments related to the trial. The tangle of legal challenges pending before various judicial bodies in Guatemala has stalled the trial even while it is technically on the verge of closing arguments. … Continue Reading

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