source: NISGUA
Post-defeat of an attempt by the accused ex-general Lucas Garcia to dismiss the IxilGenocide case, Maya Ixil elders prepare to give their testimony in Nebaj, Guatemala next week
Guatemala City, Guatemala - On Monday August 12, 2024, the defense lawyers of ex-general Manuel Benedícto Lucas García, accused of genocide, forced disappearance and crimes against humanity of the Maya Ixil people, made a frivolous and malicious attempt to dismiss the case surrounding the genocide of the Maya Ixil people in Guatemala.
The case against ex-general Lucas García has been in progress for four months since it began on April 5, 2024 at the First Court of Criminal Sentencing, Narco Activity and Crimes against the Environment, for High Risk Processes, Group "A", Guatemala City, Guatemala. In the last four months, 63 survivors of the Ixilgenocide and 50 experts, including forensic anthropologists, social anthropologists, military experts, international experts on forced displacement and the environment, and others, have brought forward indisputable evidence of ex-general Lucas García’s role in the genocide against the Maya Ixil people between 1978 and 1982.
Since the beginning of the trial, the defense lawyers have been making desperate attempts to delay or suspend the case since they know that they do not have the evidence to defend Lucas Garcia against charges of genocide. On March 25, 2024, when the case was supposed to begin, two lawyers of Benedicto Lucas García resigned from the defense of the accused, leading the trial to be suspended until April 5, 2024. This is a tactic of delay that those accused of genocide have employed in the past, such as in the case of Ríos Montt. Over the course of the last four months, the defense has continued to make baseless motions, such as an injunction against a key military expert.
Regarding the motion on August 12, 2024 to dismiss the case, the plaintiffs, the Association for Justice and Reconciliation (AJR) and Office of Human Rights of the Archbishop of Guatemala (ODHAG), stated:
“This tactic is completely illegal, frivolous, and malicious as it was presented outside of the stipulated time in effect. According to the law it should be declared unjust while it’s pending, as is regulated in the Penal Process Code in Article 67, second paragraph, that establishes that ‘if it is rejected for unjust means, the audience should continue.’…This happened in written form in front of a reconciliation court, a situation that shows an act of bad faith on part of the defense, as no matter what this should have been presented orally as is established by law.”
On the following day, August 13, 2024, the Court resolved to continue the trial. Still, at the moment of announcement, the defense lawyer made another unsuccessful appeal for the suspension of the case on the grounds that they did not receive sufficient advance notification of the resolution. The Court ultimately ruled against the defense.
During these developments, 11 witnesses from different communities, who are not able to travel due to advanced age and health issues, have been preparing to give their testimonies before the Municipal Judge of Nebaj, which will be video transmitted to the First Court of Criminal Sentencing, Narco Activity and Crimes against the Environment, for High Risk Processes, Group “A" in Guatemala City.
The 11 witnesses are scheduled to give their testimonies before the Municipal Judge of Nebaj from Monday August 19, 2024 to Wednesday August 21, 2024 from 8:30 to 3:30 each day. They will come in from different communities of the Ixil region, some from five hours away.
In Nebaj, institutions of the State, groups against transitional justice, groups of ex-Patrollers of the Civil Self-Defense and the Association of Military Veterans of Guatemala (AVEMILGUA) may attempt to obstruct the proceedings or coerce the witnesses who appear at the hearing. For this reason, the plaintiffs AJR and ODHAG have called for an international eye to watch over these proceedings.
According to the Office of Human Rights of the Archbishop of Guatemala (ODHAG): “The presence and observation of social organizations, collectives and international accompaniment organizations…give greater confidence and peace of mind to the witnesses and, in particular, reduce the risks to their physical and mental health through their presence, solidarity and documentation of the proceedings.”
In this critical moment, a month before the expected end of the trial, we call upon international media to continue to shine a spotlight on the case and reflect upon the international community’s role in enabling the genocide. In particular, the United States provided training to the Guatemalan police and military, promoted the ‘internal enemy’ doctrine, and taught torture techniques, forced disappearance, and counterinsurgency tactics. Survivors of the genocide of the Maya Ixil people and their families and communities have been awaiting justice for over 40 years, and the fight will continue until justice prevails.
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The Network in Solidarity with the People of Guatemala (NISGUA) links people in the U.S. and Guatemala in the global grassroots struggle for justice, human dignity, and respect for the Earth. NISGUA accompanies Guatemalan partners in the struggle for justice and accountability and defense of land and water, including AJR.
