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Genocide Trial of Former Dictator Ros Montt Suspended AfterIntervention by Guatemalan President

Friday, April 19, 2013

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A historic trial against former U.S.-backed Guatemalan dictator Efran Ros Montt on

charges of genocide and crimes against humanity came to an abrupt end Thursday

when an appeals court suspended the trial before a criminal court was scheduled to

reach a verdict. Ros Montt on was charged in connection with the slaughter of more

than 1,700 people in Guatemalas Ixil region after he seized power in 1982. His 17-

month rule is seen as one of the bloodiest chapters in Guatemalas decades-long

campaign against Maya indigenous people, which resulted in the deaths of hundreds

of thousands. Thursdays decision is seen as a major blow to indigenous victims.

Investigative journalist Allan Nairn reported last night Guatemalan army associates

had threatened the lives of case judges and prosecutors and that the case had been

annulled after intervention by Guatemalas president, General Otto Prez Molina.

Ros Montt was the first head of state in the Americas to stand trial for genocide.

Nairn flew to Guatemala last week after he was called to testify in Ros Montts trial.

He was listed by the court as a "qualified witness" and was tentatively scheduled to

testify on Monday. But at the last minute, Nairn was kept off the stand "in order," he

was told, "to avoid a confrontation" with the president, General Prez Molina, and for

fear that if he took the stand, military elements might respond with violence. In the

1980s, Nairn extensively documented broad army responsibility for the massacres and

was prepared to present evidence that personally implicated Prez Molina, who wasfield commander during the very Mayan Ixil region massacres for which the ex-

dictator, Ros Montt, had been charged with genocide.

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Juan Gonzalez: An historic trial against former U.S.-backed Guatemalan dictator

Efran Ros Montt on charges of genocide and crimes against humanity came to an

abrupt end Thursday when an appeals court suspended the trial before a criminal court

was scheduled to reach a verdict. Investigative journalist Allan Nairn reported last

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night Guatemalan army associates had threatened the lives of case judges and

prosecutors and that the case had been annulled after intervention by Guatemalas

president, General Otto Prez Molina.

Ros Montt was the first head of state in the Americas to stand trial for genocide.

He was charged in connection with the slaughter of more than 1,700 people in

Guatemalas Ixil region after he seized power in 1982. His 17-month rule is seen as

one of the bloodiest chapters in Guatemalas decades-long campaign against Maya

indigenous people, which resulted in the deaths of hundreds of thousands.

On Thursday, survivors of the genocide attempted to approach Ros Montt inside the

courtroom, screaming "Murderer!"

Amy Goodman: The trial took a surprising turn last week when Guatemalas current

president, General Otto Prez Molina, was directly accused of ordering executions. Aformer military mechanic named Hugo Reyes told the court that President Prez, then

serving as an army major and using the name Tito Arias, ordered soldiers to burn and

pillage a Mayan Ixil area in the 1980s.

Were going right now to investigative journalist Allan Nairn. He flew to Guatemala

City last week after wehe was called to testify in Ros Montts trial. He was listed

by the court as a "qualified witness" and was tentatively scheduled to testify Monday.

But at the last minute he was kept off the stand "in order," he was told, "to avoid a

confrontation" with the president, General Prez Molina, and for fear that if he took

the stand, military elements might respond with violence.

In the 80s, Allan Nairn had extensively documented broad army responsibility for the

massacres and was prepared to present evidence that personally implicated Prez

Molina, who was field commander during the very Maya Ixil region massacres for

which the ex-dictator, General Ros Montt, has been charged with genocide.

Allan Nairn, welcome to Democracy Now! Can you talk about the significance of the

latest developments, the annulling of the trial of Ros Montt?

Allan Nairn: Well, this trial was a breakthrough, not just for Guatemala, but for the

world. It was the first time that any nation had been able to use its domestic criminal

courts to try a former head of state for genocide. Dozens upon dozens of Mayan

survivors of the massacres risked their lives to come and testify. A massive

evidentiary record was put together, in my view, to proving a case of genocide against

General Ros Montt and his co-defendant, his former intelligence chief. A verdict was

just hours away. A verdict could have come today in the trial, but yesterday it was all

annulled after intervention by General Prez Molina, the current president, and the

Guatemalan military and oligarchy killed it.

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Juan Gonzalez: And, Allan, can you talk about what you learned in terms of the

threats to the judges andthe judge and the prosecutor and whats been their reaction,

even though theyve been sitting here now for several weeks in this trial?

Allan Nairn: In one case, one ofone of the lawyers involved in pushing the case

forward was approached by a man who offered him a million dollars if he would kill

the case against Ros Montt, a million U.S. dollars. He also said he would help him

launder the money, set up offshore bank accounts. The lawyer rejected that. The man

then took out a pistol, put the pistol on the table and said, "I know where your

children are." Another was approached on the street with awith a direct death

threat. Despite those threats, though, the case went forward. And now, after

[inaudible] to kill the case, the attorney general of Guatemala, the trial judge presiding

in the case are both vowing to try to go forward with it. Theyre vowing to continue

with the court hearing just a couple hours from now, even though theyve been told

they cant. So a direct political confrontation has been set.

Amy Goodman: Were talking to investigative journalist Allan Nairn. Hes in

Guatemala City. Were reaching him by Democracy Now! video stream. Listen

carefully. Its a little difficult to make out what he is saying. But, Allan, we wanted to

ask about why your testimony was canceled before the overall annulment of the trial

yesterday. Why was your testimony considered so dangerous?

Allan Nairn: I was given to understand that if I were called to the stand, two things

would happen. First, President Prez Molina would intervene to shut down the trial.

And secondly, there could be violence, particularly from retired military. The reasonwas that, as you mentioned in the introduction, one witness had already implicated

Prez Molina in the massacres. He was a field commander at that time. After that

testimony, Prez Molina called in the attorney general, and the word went out that if

he was mentioned again in the trial, if his name came up once, he would immediately

shut it down. Soand they knew that I could implicate Prez Molina further, because

I had met him in the highlands during the massacres when he was operating under a

code name. And I interviewed soldiers under his command who described how, under

orders, they executed and tortured civilians.

Juan Gonzalez: And, Allan, in terms of theof Prez Molina himself, you have asituation here, obviously, after the Central America accords, when some sort of

relative peace came to the region. How did Prez Molina rise to power, being one of

the underlings of Ros Montt and the military that visited such carnage and such

destruction on the people of Guatemala?

Allan Nairn: Well, the reason the military was doing those massacres in the first

place was to preserve a political and economic system under which there was 80

percent attrition in the area around Nebaj, which is where Prez Molina was stationed

and where, at the same time, there were world-class rich people running the

plantations, the banks, the industries. Those massacres were basically successful in

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crushing the population and crushing any resistance and in maintaining that system.

And within that system, Prez Molina was able to rise. He became a colonel. He

became the head of the G-2 military intelligence service during a time [inaudible]

Amy Goodman: Were having a little trouble hearing, Allan.

Allan Nairn:placed on the CIA payroll. At one point, an office under his control

was implicated in theat one point, an office under Prez Molinas control was

implicated in the assassination of a judge. He rose to general, and he was able to

become president. Thats thethats the Guatemalan system. Yet, remarkably, even

given that system, this movement from below of massacre survivors who refused to

give up, who insisted on trying to bring generals to justice, was able to generate this

trial, aided by people of integrity who had found their way into the Guatemalan

judiciary and prosecution system, and a trial was begun. They heard massive amounts

of evidence. I believe it was on the verge of giving a verdict, but then, at the last

minute, Prez Molina and the powers that be intervened.

Amy Goodman: Very quickly, Allan, we just have less than a minute, the attorney

general is a woman. The judge is a woman. They are saying theyre going to move

forward with this case, although it has been anulled, with a trial today? And what

about protests outside?

Allan Nairn: Well, protests are planned outside the court. The judge, Yassmin

Barrios, and the attorney general, Claudia Paz y Paz, both say theyre going to defy

this order to kill the case, which is extraordinary. You know, this indicates, I think,

that Guatemala has reached a higher level of civilization than the United States has.

Even though this case was killed in the end, its inconceivable that in the United

States a U.S. attorney, say, could indict a former U.S. president, could indict a George

W. Bush for what he did in Iraq and/or Afghanistan, or could indict an Obama, and

that this could proceed to trial and that massive amounts of evidence could be heard.

Thats not yet conceivable in the American legal system, but it happened here in

Guatemala, and it almost succeeded. It came very close. And now theres going to be

a popular reaction to try to continue that fight for law enforcement and justice.

Amy Goodman: And is it possible the trial will continue?

Allan Nairn: Excuse me?

Amy Goodman: Is it possible the trial will continue?

Allan Nairn: Well, I guess its possible, if JudgeJudge Barrios and the prosecutors

are physically allowed into the courtroom, that they could try to have the trial. But the

powers that be above them have now banned it, have now prohibited it. Ros Montt

and his lawyers may not show up. I dont know what will happen. This is a real

political crisis for Guatemala.

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Amy Goodman: Investigative journalist Allan Nairn, speaking to us from Guatemala

City. When we come back, we sat down with Allan before he left to go through the

history of this trial and also play the videotape of his interview with the current

president back more than 20 years ago when he was a major under Ros Montt, on

trial for genocide. Stay with us.

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