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| Guatemala: Myrna Mack trial and Gerardi appeal observation |
Brenda Wemp was in Guatemala from September 10 to 25th on behalf of LRWC. The primary purpose of her trip was to observe the trial of three former high ranking military officials charged with planning and ordering the 1990 murder of anthropologist Myrna Mack. This trial was precedent setting in the struggle within Guatemala to end impunity, in that it is the first time that high-level military officers were brought to trial for planning one of the many murders that took place during Guatemala's 30-year internal conflict.
In 1993, a military "specialist" who worked in the Security Division of the Presidential Guard was convicted of carrying out the murder. The three officers accused in this trial were his superiors within the Presidential Guard. The fact that these officers were brought to trial at all is amazing, and a result of the persistence of Helen Mack, sister of the victim. Helen Mack was an intervener in the criminal process. From the beginning of the investigation into this crime, those involved in trying to bring the murderers to justice have been subject to threats and intimidation. A key police investigator was murdered in 1991.
LRWC was asked to attend the trial, together with other international observers, to signal concern for the safety and independence of the jurists, interveners, and witnesses involved. Threats and intimidating incidents directed at the lawyers and legal team representing Helen Mack continued during the trial in September, despite the provision of police protection by the Guatemalan government, following an order of the Interamerican Court for Human Rights. The family of lawyer Roberto Romero left the country as a consequence.
The prosecution's case was based on the argument that the crime was a politically motivated, institutional crime, carried out by an officer of the Presidential Guard using material resources of that institution. The higher officers in the chain of command must, therefore, have planned and ordered the murder. Much of the evidence consisted in expert testimony and documents with respect to the structure and function of the Presidential Guard.
The only evidence directly implicating the accused was a series of tape recordings and one video recording in which the material author of the crime, Noel de Beteta, confessed and stated that he had carried out the murder on the direct order of the head of the Security Division. These tapes were recorded in prison after Beteta was convicted, by a fellow prisoner, Jorge Lemus. Lemus testified at the trial, as did Beteta. However, Beteta totally recanted his earlier statements, alleging he was on drugs at the time the tapes were made, and that the drugs were purchased with money furnished by Helen Mack.
The verdict was rendered on October 3. The Court found the head of the Security Division guilty, and acquitted the other two (the second in command of the Security Division, and the head of the entire Presidential Guard). The decisions are under appeal.
In addition, Brenda Wemp attended the hearing of the appeal of the convictions in the 1998 murder of Archbishop Gerardi. James Tate had represented LRWC at the trial in June 2001, at which three military or former military officials and a priest were convicted. On October 8th, the convictions were overturned and new trials ordered. This decision is also under appeal.
According to media reports, there was a strong and intimidating presence of military personnel in court on the days that the two verdicts were rendered.
The full LRWC report on the mission to Guatemala will be available early in the new year. |
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