Is there room for any more irony in Guatemalan justice? As the Guatemalan military performs its latest escape from legal scrutiny, the country celebrates Army Day. Santiago Pedraz (left), Spanish judge in Guatemala to hear testimony from military leaders accused of genocide (amongst others) is on his way home. The news made a tiny article in Prensa Libre (30-06-2006).

So why has this latest attempt to challenge Guatemalan impunity failed?

The Guatemalan Constitutional Court upheld Rios Montt's last minute legal delaying tactic. No great legal principle has been decided- but it was enough to block progress for the time being (at least until after 4th July when Pedraz was scheduled to leave Guatemala).

You can follow the story in more detail in Spanish in ACOGUATE's brilliant blog they started a few weeks ago.

But why the suspension of the process to interview those accused of genocide?

According to Alejandro Maldonado Aguirre, President of the Constitutional Court:

“Lo amparamos porque la Corte Suprema de Justicia no envió completos los antecedentes que solicitamos, sólo fotocopia de dos resoluciones y, de acuerdo con lo que entiende este tribunal, para resolver se debe tener a la vista todo el expediente o un informe circunstanciado”

The reason Rios Montt doesn't have to defend his genocidal actions before a court of law:  the Guatemalan Supreme Court didn't send the Constitutional Court all the necessary papers...

Happy Army Day Rios Montt! (ironical)


This latest episode has again brought to the fore the forces of threats and intimidation against human rights defenders. AVEMILGUA (Association of Military Veterans) paid for an advert (left) in the Guatemalan press which described the presence of Santiago Pedraz as an "attempt by terrorist groups to persecute the military".

José Luis Quilo Ayuso, AVEMILGUA chief, went on public record as saying (threatening) that there would be "tragic consequences" if any of the military had to go to court with the Spanish judge. These threats were denounced by Rigoberta Menchu and Edda Gaviola of CALDH.

UPDATE: Amnesty International have issued an urgent action about the fear for the safety of the human rights defenders affected by AVEMILGUA's threat.