Montt’s Congressional Career Ends, Court Brings Genocide Charges
Just a few weeks after losing congressional immunity (following nearly two decades in and out of congress), José Efraín Ríos Montt —former de facto President of Guatemala from March 1982 to August of 1983—was ordered to appear in court this morning, January 25th, by Judge Carol Patricia Flores of the First Court of High Risk. The hearing was highly anticipated since Montt is considered to have led the deadliest era of state sponsored violence in Guatemala's history.
Mayan survivor of the war and member of Rigoberta Menchu Foundation lays rose pedals, spelling out "Impunity, No More" , with other activists in front of the Supreme Court building -- 01/26/11 (Photo Credit: Greg Krupa)
Montt, pictured right, speaks to his defense attorney before the hearing starts -- 01/26/11 (Photo Credit: Greg Krupa)
Supreme Military Leader
After three months of power in a shared military junta, on June 9th 1982, Montt forced the two other military leaders from the junta to resign, making Montt the sole political leader, head of the armed forces, and minister of defense. His controversial anti-insurgency policies, “scorched earth” and “Beans and Guns”, led to hundreds of bloody massacres, resulted in the displacement of thousands, and led the highlands into further violence and chaos—victimizing the Mayan people and destroying their way of life. Many, including the State Attorney, victims’ representatives from CALDH and the Asociación para la Justicia y la Reconciliación, claim that his intention to stomp-out communism was ostensible; his true motive being the eradication of the Mayan people.
Estimates by impartial NGOs put Montt’s reign of terror in the same league as any of the worst mass human atrocities from the 20th century. The UN Truth Commission in 1999 found that Montt’s death squads killed and disappeared more than 3,000 people per month—the majority of whom were non-combatants. Montt led with an ‘iron fist’, perhaps not much different than what the current President, Otto Perez Molina, espouses towards.
President Reagan Fuels the Bloodshed
In spite of the controversy of his bloody reign, Montt was widely and openly supported by the Reagan Administration. Reagan, in the face of an enflamed international human rights community met with the military leader in December of 1982. After a brief closed-door meeting, Reagan famously sealed his fate in the bloody history of the region by claiming that "President Ríos Montt is a man of great personal integrity and commitment. ... I know he wants to improve the quality of life for all Guatemalans and to promote social justice." Reagan went on to say that Montt had been given a “bum rap” by the human rights community when questioned about Montt’s human rights record. Further underscoring US involvement in the ongoing bloodshed of innocent Guatemalans, Reagan ended the arms embargo in January of 1983, which had been put in place by previous President Carter in 1977. Reagan effectively overturned what had been the first substantive effort by the US to stop support for tyranny and murder in Guatemala. His administration fueled years of continued violence with military and intelligence support—providing unprecedented levels of artillery and weapons power.
Present Day
Montt’s fiery and unapologetic public demeanor intimidated political opponents and struck fear into the hearts and minds of many in Guatemala. Although much older and weaker now, Montt, 85, remains true to his ‘iron fist’ approach, making no gesture to apologize or back down from his violent legacy. Late last December, after losing his congressional seat, Montt voluntarily appeared at the Ministerio Publico to confront the public and ask whether or not he would face criminal charges.
Charges of genocide and human rights violations have been brought against other military leaders from the same era, Héctor Mario López Fuentes (Montt’s former Military Chief of Staff), former military intelligence official José Mauricio Rodríguez Sánchez, and the military dictator who deposed Montt in 83’ through a relatively bloodless coup, Oscar Humberto Mejía Víctores. Although charges were dropped against Mejía Víctores after the court ruled that he was unfit for trial—because of supposed physical and mental ailments—the genocide charges remain against the other two.
Montt’s fate rests in a court system that although recently, under the guidance of new Attorney General Claudia Paz y Paz, has been able to convict a number of military personnel for human rights violations, has historically been controlled by military forces—allowing for an impunity rate of 95%, nearly unseen anywhere else in the world. Shockwaves would be felt through the region if Montt were vigorously prosecuted under the new Presidential watch of retired army general Otto Perez Molina.
Hearing of First Declaration
After a delayed start -- due to the titanic of people clamoring to get into the courtroom, from both in and outside the court house (torre de tribunales) -- State prosecutor Manuel Vasquez was given the floor, immediately diving into the state’s claim, accusing Mr. Montt of “planning, designing and overseeing the military counter-insurgency plans against the indigenous population in Ixil de Quiche.” State Attorney Vasquez—large beads of sweat dripping down his face, every now and then wiping them away with a handkerchief—read through a charging instrument that accused Montt, as supreme leader of Guatemala, of having commanded acts of genocide and crimes against humanity. Vasquez, relying on a powerpoint presentation, spent the morning summarizing the State's case against Montt. Mr Vasquez accused Gen Rios Montt of ordering 100 massacres in which 1,771 people were killed and 29,000 displaced.
Montt and defense attorney -- 01/26/11 (Photo Credit: Greg Krupa)
Montt was asked if he understood the charges he faced, "I understand perfectly" he murmered into the microphone. When given the opportunity to make a formal declaration, Montt decided to remain silent on the matter, preferring not to deny or admit guilt. "I prefer to remain silent" he said. In typical Montt fashion and perhaps an act of public defiance to the hearing, he said "the point is to do justice, not revenge."
Montt with defense attorneys, standing over more than 4,000 pages of evidence just presented by the State's Attorney's Office -- 01/26/11 (Photo Credit: Greg Krupa)
After a lunch recess, Montt, both legal teams, the press, victims' family members, and supporters of Monnt -- including Rios' daughter, former congresswoman Zury Ríos -- again gathered in Judge Flores' courtroom. Montt's defense team was given an opportunity to contest the State's claims. The defense argued that Montt was not responsible for any crime because he was never on the battlefield and had no control of what took place on the ground. The defense also stated that the State's claims were without merit, saying that the counterinsurgency plans that led to the death of tens of thousands were in place before Montt became head of state.
Just after 4pm, Judge Flores began to deliberate the merits of both parties' arguments. More than four hours later, Flores found merit in the State's case and ruled to continue the criminal proceedings against Montt. Judge Flores ordered Montt to house arrest until he could appear for trial later this year.
Guatemalans outside of the Supreme Court during Montt's recess, paying tribute to the dead and disappeared from the civil war -- 1/26/011 (Photo Credit: Greg Krupa)
