On Anniversary of Guatemalan Bishop's Murder, Demand Accountability for Mass Atrocities

April 29, 2008

Ten years ago, famous Guatemalan human rights defender Bishop Juan Gerardi was murdered. Bishop Gerardi was killed just days after publicly releasing a report that documented more than 200,000 killings during Guatemala's 36 year civil war. The report laid blame on the Guatemalan government for over 90 per cent of the conflict's human rights violations.

While individuals have been convicted for the murder of Bishop Gerardi, there has been no justice for the victims of Guatemala's 422 documented massacres. None of the former military or police officials allegedly responsible for committing the worst atrocities during the conflict have been held accountable.

Through his courageous efforts to reveal the truth, Bishop Gerardi left Guatemala an important legacy. However, without action by the authorities, that legacy will never be fully realized.

Urge the Guatemalan Attorney-General to immediately act on the criminal petitions filed by victims almost a decade ago. Those petitions allege that former police and military leaders committed crimes against humanity and genocide during the civil war.

Background:

HRF Press Release: http://www.humanrightsfirst.org/media/hrd/2008/alert/447/index.htm

HRF Letter to President Colom: http://www.humanrightsfirst.info/pdf/08211-hrd-ltr-colom.pdf

Background: http://www.humanrightsfirst.org/defenders/hrd_guatemala/hrd_jpc.asp

See Human Rights First Guatemala webpage: http://www.humanrightsfirst.org/defenders/hrd_guatemala/hrd_guatemala.asp

Sample Letter:

Lic. Juan Luis Florido
Fiscal General de la Republica y Jefe del Ministerio Publico
8a Avenida 10-67,
Antiguo Edificio del Banco de los Trabajadores, Zona 1
Ciudad de Guatemala,
Guatemala

Dear Attorney General:

On the tenth anniversary of the murder of Bishop Juan Gerardi, I write to you concerned about the failure to act on the criminal petitions filed by victims of the civil war almost a decade ago.

As you know, Bishop Gerardi was killed just days after publicly releasing a report that documented that more than 200,000 killings had been committed during Guatemala's civil war. The report apportioned responsibility to the Guatemalan government for over 90 per cent of the conflict's human rights violations.

While individuals have been convicted for the murder of Bishop Gerardi, there has been no justice for the victims of Guatemala's 422 documented massacres. I welcome the recent decision to empower a Human Rights and Peace Commission to declassify military archives that should shed light on the military's role in human rights violations during the conflict such as Plan Sofia and Plan Victoria 82.

I remain concerned, however, over the lack of investigations and prosecutions of those former police and military leaders allegedly responsible for mass atrocities committed during the conflict. In barring the extradition of several of those accused of committing mass atrocities, Guatemala's Constitutional Court recently recognized the obligation on the Guatemalan state to prosecute those responsible for mass atrocities.[1]

In recent weeks, a rogatory commission, led by Judge Eduardo Cojulun of the 11th Criminal Court, has begun to hear witness testimony from victims in support of the Spanish High Court's investigation into mass atrocities by former military leaders. These proceedings demonstrate that it is possible to bring former military leaders to justice.

I urge you to immediately investigate the accusations your office has received from the Association of Justice and Reconciliation, amongst others, which allege that former military and police officers committed mass atrocities. Those investigations should make use of the police archives discovered in 2005 and the newly declassified military documents and must lead to the prosecution of the individuals responsible for the crimes.

Prosecuting past human rights violations will strengthen the rule of law and bolster security for all of Guatemala's citizens. Thank you for your attention to this important matter.

[1] Constitutional Court Decision 3380-2007, December 12, 2007.