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- Press Release
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- International complaint against the Guatemalan State for rejection of justice in genocide case
International complaint against the Guatemalan State for rejection of justice in genocide case
Washington, D.C., November 6, 2013. Today, November 6, a complaint was filed before the Inter-American Commission on Human Rights (IAHCR) by victims who survived the genocide in Guatemala, alongside various social organizations. The complaint denounces the Guatemalan State for the impunity which continues to surround grave human rights violations committed against the Ixil indigenous population, and bases its argument on the violation of the American Convention on Human Rights and other international human rights treaties.
The petitioning organizations assert that the Guatemalan State has failed to comply with its obligation to guarantee victims their right to justice, since for more than 30 years, none of those responsible for the violations suffered by thousands of victims have been tried.
The responsibility of the State is necessary, particularly given that the Inter-American Court of Human Rights has established that “impunity fosters chronic recidivism of human rights violations and total defenselessness of victims and their relatives”.
In relation to the genocide of the ethnic group Maya Ixil, more than 60 massacres and attacks carried out by members of the Guatemalan army were denounced. These events left approximately 1771 mortal victims, as well as numerous victims of forced disappearance, sexual violence, torture and forced displacement.
Furthermore, with regards to the trial of ex Generals Efraín Ríos Montt and Mauricio Rodríguez Sánchez, the deficiencies and irregularities of the resolutions emitted by the authorities during the criminal process were similarly denounced. Amongst the noted issues were: the lack of access to the archives in the Ministry of Defense; the judicial authorities’ tolerance of the abuse of the recourse of legal protection and the arbitrary nature of the rulings on provisional legal protection; the excessive duration of the criminal process; the attacks on judicial independence, and the lack of protection for participants in the process.
In particular, the irregularities which characterized the resolution passed on May 20, 2013 by three members of the Constitutional Court were highlighted. Following this resolution, the process being carried out against the aforementioned military members was annulled.
In light of the above, the petitioners felt it necessary to turn to the Inter-American Commission on Human Rights, in the hope that the regional human rights system will accelerate the petition’s process and ensure the international protection of the victims in the briefest time period possible. As such, we request an admissibility decision of the Commission on the present complaint.
The right to resort to international justice systems is consecrated in international treaties and the Political Constitution of the Republic of Guatemala. As such, we turn to Inter-American System for the Protection of Human Rights with the objective of ensuring that the State complies with its international obligations on human rights. While impunity continues to exist in Guatemala, neither respect for human rights nor a full democracy can be ensured.
For the right to a fair country!
Asociación para la Justicia y Reconciliación – AJR
Centro para la Acción Legal en Derechos Humanos – CALDH
Center for Justice and International Law (CEJIL)
Bufete Jurídico por los Derechos Humanos – BDH
