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Catherina

(35,568 posts)
Fri May 17, 2013, 06:14 PM May 2013

Guate: "Overturn Rios Montt sentence or we're ready to paralyze the country"

Romina Ruiz-Goiriena ‏@romireports 6h

The pressure continues. Mantle placed on Blvd. calls on #RiosMontt conviction to be overturned.




May 17, 2013
Constitutional Court apparently divided on whether Rios Montt’s conviction for genocide should stand
by Emi MacLean

Less than one week after the trial court’s conviction of former de facto head of state Efrain Rios Montt, Guatemala’s Constitutional Court has been reviewing challenges to the trial—challenges which the Court’s General Secretary has asserted could lead to an annulment of the trial or the dismissal of some or all of the three trial court judges. Now the Constitutional Court announced that it would not issue decisions until it reconvenes for a special session at 10 am on Monday morning.

A Guatemalan newspaper reported on Friday morning that the Constitutional Court’s delays are a result of internal division within the Court—but that three of five judges are at this stage inclined to annul the verdict and the final days of the trial. Rios Montt’s attorney threatened national “paralysis” if the Constitutional Court rules the wrong way.

...

The Constitutional Court is reportedly reviewing at least four legal challenges to the trial. The judges have apparently been deliberating over these issues since at least Monday, May 13. On Thursday, the Constitutional Court stated that it would not in fact issue any decisions until a special session to be convened on Monday at 10 am.

The Court had been due to issue decisions on Wednesday, but delayed the release apparently due to the “complexity of the subject matter” (la complejidad del asunto). On Thursday, for the second day in a row, the Court’s General Secretary announced that the Court would again delay the release of any judgments to allow further consultation within the court. Martin Guzman, the Court’s General Secretary, announced to the assembled media in a Thursday afternoon press conference that the decision to delay the release of any judgments until Monday was a unanimous decision of the Court.

El Periodico reported on Friday that the delays at the Constitutional Court are the result of internal divisions between the judges about a legal challenge (ocurso en queja) presented by Rios Montt’s defense team. The newspaper reports that, currently, three of five Constitutional Court judges support the annulment of the latter stage of the trial, and its return to its status on April 19. (On April 19, the tribunal had heard all prosecution witnesses, but still awaited the presentation of some of the defense witnesses, closing arguments and, of course, the final verdict and sentence.) This could not be confirmed.

...

Response by Attorneys to Constitutional Court’s deliberations

Garcia Gudiel, Rios Montt’s attorney, said that the Constitutional Court must act quickly to resolve the uncertainty in this case. He threatened that, “if the judgment is unfavorable, there are 45,000 sympathizers of the General ready to paralyze the country.” (“Estamos a las puertas de una decisión que puede cambiar el futuro de este país. Si el fallo es desfavorable hay 45 mil simpatizantes del General dispuestos a paralizar el país, realmente creemos que no puede aplazarse por más tiempo, porque hay demasiada zozobra e incertidumbre alrededor de este proces.”)

...

Investigation of Judge Carol Patricia Flores

Guatemalan media also reported on Thursday that Guatemala’s judicial authority (el Organismo Judicial, or OJ) and the Human Rights Ombuds Office (la Procuraduría de Derechos Humanos, or PDH) are each investigating Judge Flores. These investigations are the result of complaints made by Ramon Cadena, of the International Commission of Jurists, on April 19.

Cadena, in his complaint, alleged that Judge Flores should be dismissed as her actions “demonstrate that organized crime has infiltrated her position and it should be investigated who is protecting her.” (Sus fallos “evidencian que el crimen organizado se infiltró a su juzgado y debe investigarse quién la protege”.) According to Siglo 21, Cadena’s complaint to the PDH asserted that Judge Flores’ actions violated the access to justice of the victims of grave crimes.

As noted above, Judge Flores was the pre-trial judge responsible for part of this case. In an April 18 hearing held ostensibly to implement a Constitutional Court order to admit evidence previously ruled inadmissible by a different pre-trial judge, Judge Flores instead ordered the entire trial annulled and the case returned to where it was seventeen months prior, in November 2011. At the time of Judge Flores’ annulment order, the case had already progressed significantly, with all of the prosecution’s witnesses heard by the trial court, with the court only waiting to hear a few remaining defense witnesses and closing arguments.

On April 19, the trial court rejected this annulment order as illegal but nonetheless suspended the trial pending constitutional review. At the time, the International Commission Against Impunity in Guatemala (Comision Internacional Contra la Impunidad en Guatemala, or CICIG) announced that it has had open investigations "for some time" against Judge Flores for “malfeasance” (prevaricato).

On May 8, after the suspension had been lifted and with the trial proceeding, the Constitutional Court rejected Judge Flores’ annulment order. However, when Judge Flores re-convened for another hearing on May 10—after closing arguments and the end of the trial but before the verdict was handed down—she reiterated the same annulment order she had previously issued. The trial court issued the verdict nonetheless.


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http://www.riosmontt-trial.org/2013/05/constitutional-court-apparently-divided-on-whether-rios-montts-conviction-for-genocide-should-stand/
6 replies = new reply since forum marked as read
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Guate: "Overturn Rios Montt sentence or we're ready to paralyze the country" (Original Post) Catherina May 2013 OP
Let them try Demeter May 2013 #1
For all practical purposes yes. Catherina May 2013 #2
Dogs of war seem to be circling. a la izquierda May 2013 #3
I hope it's mostly bluster Catherina May 2013 #4
Rios Montt spent 2 nights in jail. Pinochet 2 is in a military hospital until further notice Catherina May 2013 #5
Disgusting. This syndrome is inevitable with right-wing leaders in legal trouble. Judi Lynn May 2013 #6

Catherina

(35,568 posts)
2. For all practical purposes yes.
Fri May 17, 2013, 06:32 PM
May 2013

This trial was only over the massacre of 1,771 Mayans in 3 towns (San Juan Cotzal, San Gaspar Chajul and Santa Maria Nebaj). There were over 200,000 dead all over the country.

In a press release last week, the right wing wrote that only *thousands* had died and they were all insurgents, never mind that over 40% of those were children and elderly.

I wonder how valid their threat is.

Catherina

(35,568 posts)
4. I hope it's mostly bluster
Sat May 18, 2013, 09:32 AM
May 2013

Right after his conviction, they had a protest in support of Rios Montt, outside the prison gates, and only about 50 people showed up. I'm not clear on how you could paralyze a country where the majority have so little and rely on so little.

Catherina

(35,568 posts)
5. Rios Montt spent 2 nights in jail. Pinochet 2 is in a military hospital until further notice
Sat May 18, 2013, 10:09 AM
May 2013

I'm not even sure he spent 2 full nights in jail. Details are sketchy on that one.

Immediately following the trial, he went to a hospital for sudden health duress. First it was hypertension when he fainted after the verdict, then prostrate and now they're adding "spine and kidney problems". I hope they don't find a wart on his leg or something.

He's still in the hospital undergoing further medical evaluations and since the cushy hospital where he currently is doesn't have all the equipment for all the tests he needs, he'll be referred to other facilities for those. He is still in the cushy hospital.




Judi Lynn

(160,219 posts)
6. Disgusting. This syndrome is inevitable with right-wing leaders in legal trouble.
Sun May 19, 2013, 03:43 AM
May 2013

Last edited Tue May 21, 2013, 02:23 AM - Edit history (1)

We've seen it done so often we almost begin to expect it when one of these perverts if finally put on trial, if they ever ARE even brought to justice.

Under the lights they appear to be a bunch of fair flowers who have to be treated so delicately even when they are responsible for torture, torment, terror, grotesque acts of hatred against the helpless public themselves.

Nasty sociopaths.

Here's Vladimir Montesinos' sudden fainting attack when he was found guilty at his trial in Peru. Poor, poor thing.

[center][/center]
Finding a wart on Rios Montt's leg just might nullify his own sentence, get him bounced out of there, move him to palatial quarters in Tahiti, or elsewhere. Maybe he'll end up as a next door to Enron's guy, and Bush buddy, Ken Lay.

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