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1. My visit to Guatemala came about because of the
confluence of two events: 1) A meeting on May 23, 2001 between the
CBABC International Resource Network Committee (“IRNC”) and
Guatemalan Judge Henry Monroy who was forced to flee Guatemala
following threats received while working on the Gerardi case; and 2)
A short-notice call from Lawyer’s Rights Watch Canada (“LRWC”)
for an observer to attend the closing arguments of the Gerardi trial
in Guatemala City.
2. LRWC has established a good working relationship with the
Oficina de Derechos Humanos del Arzobispo de Guatemala (ODHAG) who
has been deeply involved in the prosecution of the Gerardi case.
Lawyer’s Rights Watch representative Nerys Poole met with ODHAG
lawyer Mynor Melgar at a Global Exhange meeting in San Francisco
earlier in the year, at which time Melgar extended an invitation to
LRWC to send an observer to the Gerardi trial. The timing of my
visit worked out very well in that it coincided with the closing
arguments and verdict in the case.
3. My attendance in Guatemala thus served two functions. First,
my presence at the Gerardi trial was a physical display of
solidarity and support for the lawyers and judges involved, all of
whom have been the subject of ongoing death threats and other acts
of intimidation. Second, while in Guatemala City, I was able to
establish contact with a number of organisations that represent
potential partners for LRWC and IDC involvement.
4. At no time did I feel in conflict representing two different
Canadian organisations, particularly given their different but
complementary purposes. In virtually all meetings I was able to
explain my dual mandate without confusion. Some contacts I met
naturally lend themselves more to partnership with LRWC, while the
IDC represents a more natural fit for others. Some groups that I met
saw potential for an ongoing relationship with both organisations.
5. It is an important time to be involved with Guatemala. The
Peace Accords, which in 1996 ended 36 years of civil war, look
increasingly fragile as Guatemalan society grapples with how, or
indeed whether, the justice system will approach the atrocities and
crimes against humanity which were perpetrated during the war. The
potential for renewed conflict is easily seen when considering that
members of the current government, elected in 1999, are among those
that some portions of Guatemalan society are currently pressing
genocide charges against.
6. The Guatemalan judicial system is challenged on all fronts.
Lack of judicial independence, lack of security, inadequate
resources for investigation and enforcement, and a general lack of
respect for the rule of law in Guatemala, merely begin the list. All
of the organisations I met with report a recent increase in threats
and incidences of violence against lawyers and judges.
7. Moreover, changes in the legal system, (in 1994 Guatemala
adopted an adversarial model), have brought about a great need for
re-training and continuing legal education within the Guatemalan Bar
and Judiciary.
8. The murder of Archbishop Juan Gerardi in 1998 is one event
among many, which illustrates the continuing power and reach of the
Guatemalan military establishment. (see below for more details).
Despite the disarmament provisions of the Peace Accords, it is
widely reported that the Guatemalan military remains heavily armed.
The initial verdict in the Gerardi trial has shown, however, that
despite the ongoing intimidation of witnesses, lawyers and judges
involved, the Guatemalan Army is no longer a law unto itself, and is
no longer able to act with complete impunity. The guilty
verdict levied against three members of the military, two of them
high-ranking officers, for the crime of “extra-judicial
execution” is unprecedented in Guatemala and represents a major
victory for all of those who wish to see the military made
accountable for its actions. The longer-term impact of the decision
and its effect upon the peace process remains to be seen.
9. In addition to observing at the Gerardi Trial, I met with the
following groups while in Guatemala City:
1) Judge’s Association of Guatemala;
2) Faculty of Law of the University of San Carlos;
3) Public Ministry Prosecutors involved in the Gerardi trial;
4) The Guatemalan Bar Association;
5) The Human Rights Office of the Archdiocese (ODHAG);
6) The Canadian Embassy;
7) The Public Ministry Office for Violations against Workers in
the Justice System;
8) The Centre for Legal Action on Human Rights (CALDH); and
9) The Myrna Mack Foundation.
10. The meetings were generally introductory in nature, involving
on my part an overview of the LRWC and IDC followed by an overview
given by my respective hosts on their organisations. I must add that
I was extremely moved by the courage of the individuals that I met,
many of whom are working under enormous pressure and in extreme
danger. Many of the organisations are interested in ongoing contact
with the LRWC. The potential nature of future contact is explained
more thoroughly below in my description of the meetings and my
recommendations for follow-up.
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