By Lyndsey Kelly
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – The retrial of former Guatemalan dictator Efrain Rios Montt on charges of genocide and crimes against humanity was recently delayed after two of the three judges on the panel accepted the defense’s motion that Judge Jeannette Valdez should recuse herself from the case. The defense alleged that Judge Valdez is an unbiased fact finder due to her graduate school study on genocide. Judge Valdez had previously turned down the motion to recuse herself calling it “a strategy to obstruct.”

Rios Montt is being tried for ordering military operations that led to the torture, rape and murder of 1,771 Ixil Mayans between 1982 and 1983 as part of Guatemala’s Civil War. Rios Montt was already convicted on these charges in 2013 and sentenced to 80 years in prison, but 10 days after the conviction his sentence was overturned on procedural grounds. The constitutional court argued that Rios Montt had been denied due process. The five-judge panel stated that Rios Montt had been left without an attorney on 19 April when his lawyer was expelled from the courtroom after accusing the presiding judge of bias against him. The panel ruled that the statements delivered in court before 19 April would stand but closing arguments would have to be given again, and ordered the trial to restart from that point.

Rios Montt’s trial was the first time a former head of state has been prosecuted for genocide in a national court, and the UN has praised Guatemala for its efforts. However, the retrial along with the recent postponement has caused issues for the prosecution in getting a successful conviction. This is largely due to the fact that several witnesses that were available to testify at the previous trial have since passed away. However, General Mauricio Rodriguez, Rios Montt’s former chief of intelligence has commented on the postponement, stating, “I am ready for the new trial. I want to end this humiliation already.”

A court official has said that the trial will resume in January 2015.

 

For more information, please see the following:

ABC NEWS – Guatemala Ex-Dictator Rios Montt’s Retrial Suspended – 5 Jan 2015.

BBC – Guatemala Rios Montt Genoice Trial To Resume in 2015 – 6 November 2013.

THE GUARDIAN – Postponement of Former Guatemalan Dictator’s Genocide Retrial Causes Dismay – 5 Jan. 2015.

JURIST – Guatemala Court Postpones Ex-Dictator’s Genocide Trial – 6 Jan. 2015.