Ray of Hope (2): Guatemala and impunity

May 25, 2018
On 24 May 2018, the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, welcomed the ruling issued unanimously by the High Risk “C” Tribunal in Guatemala yesterday against four high-ranking former military officials for crimes against humanity, aggravated sexual violence and enforced disappearance. “This is a milestone judgement for Guatemala and beyond with regards to the investigation, prosecution and punishment of serious human rights violations committed by senior military officers during an internal armed conflict,” High Commissioner Zeid said. The judgment, citing international human rights standards, found that the practice of sexual violence, torture and enforced disappearance formed part of the military strategy during the internal armed conflict in Guatemala. It also held that past crimes involving serious human rights violations are not subject to time limits for prosecution and cannot be subject to amnesty.

The High Commissioner said that this ruling, together with the jurisprudential precedents established in other transitional justice cases, such as Sepur Zarco, Dos Erres, Plan de Sánchez and Myrna Mack, sends a clear message that it is possible for Guatemala to advance in the fight against impunity of the past, which in turn, strengthens the fight against the impunity of the present and the consolidation of the rule of law. On 4 May 2004, the Inter-American Court of Human Rights had already held the State of Guatemala responsible for the enforced disappearance of Marco Antonio.“

I pay tribute to the Molina Theissen family for their courage and perseverance to fight for over three decades for their right to justice and the truth,” Zeid said. Emma Guadalupe Molina Theissen was detained at a military checkpoint on 27 September 1981 and transferred to the “Manuel Lisandro Barillas” Military Brigade in Quetzaltenango, where she was held captive, interrogated, subjected to torture and other cruel, inhuman or degrading treatment, as well as sexual violence. She escaped on 5 October 1981. The following day, her 14-year-old brother Marco Antonio was taken by force from the family’s home in Guatemala City, put into a nylon sack and taken to an unknown destination in a vehicle with an official Government license plate. He has never been found.

See also: https://humanrightsdefenders.blog/2018/05/23/ray-of-hope-lesotho-court-takes-stand-against-defamation-of-hrds/



2 Responses to “Ray of Hope (2): Guatemala and impunity”

  1. […] ray of hope I signaled recently [https://humanrightsdefenders.blog/2018/05/25/ray-of-hope-2-guatemala-and-impunity/], turned out be just a ray. On 16 January 2018 Cargill’s withdrawal sendt an important signal to […]

  2. […] January 29, 2019 On 22 January 2019 Maria Martin contributed a long piece in NPR on “Killings Of Guatemala’s Indigenous Activists Raise Specter Of Human Rights Crisis”. She sees a big risk of a return to overall violence as in the past and the main indicator is the continued killings and suppression of (indigenous) human rights defenders. Other links mentioned below point in the same direction. It would seem that the ray of hope of May 2018 is extinghuising [https://humanrightsdefenders.blog/2018/05/25/ray-of-hope-2-guatemala-and-impunity/]. […]

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