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Articles by Paulo Estrada
Indigenous Women Survivors of Guatemala’s Rape Camps Seek Justice Original
Paulina Ixtapá Alvarado, a Maya Achi woman, was 19 years old when she was detained just outside the market in Rabinal, in northeastern Guatemala, by a local militia. It was September 1983, the height of Guatemala’s brutal counterinsurgency war. She was brought to a military base about 15 minutes from the town. There, she was held illegally for 25 days in a small room with several other people, including her cousin, Pedrina Ixtapá Rodríguez, and at least two other women.
Sentence in Guatemala's 'Rancho Bejuco' Massacre of 25 Indigenous People Expected on August 17th
WOLA Expert to provide up-to-date background and analysis Guatemala City—On Thursday, August 17, 2023, a Guatemalan court is scheduled to deliver a verdict in a massacre case in which 25 indigenous Mayans were killed, 17 of whom were children.
Sala ratifica sentencia en caso Sepur Zarco
El Tribunal de Alto Riesgo A, presidido por la jueza Yassmín Barrios, dictó sentencia en este caso el 26 de febrero de 2016, luego de un mes de juicio público. El tribunal halló culpable al teniente coronel retirado Esteelmer Reyes Girón, excomandante de la Base Militar Sepur Zarco, y al excomisionado militar Heriberto Valdez Asig, de todos los cargos imputados por la fiscalía y los condenó a 120 y 240 años, respectivamente.
Guatemala's Death Squad Dossier Case Being Dismantled By Corrupt Political-Legal Systems
For decades, survivors and the families of the victims of the Death Squad Dossier case have been demanding truth and justice. After years of no answers about the perpetrators or the whereabouts of their loved ones, who were arbitrarily detained, tortured, killed or disappeared between 1983 and 1985, the tail end of Guatemala’s 36-year internal armed conflict, a pathway to justice opened: in May 2021, eleven retired military and police officials were arrested.
Genocide Trial Against High Level Military Officials to Begin in Guatemala
WOLA expert available for comment and analysis Media Advisory Guatemala City – On Monday January 9, 2023, the trial is set to begin of two Guatemalan high level military officials accused of responsibility in the genocide of Maya Ixil indigenous people during the government of Romero Lucas García (1978-1982).
La distorsión de la justicia en Guatemala
Se inicia un juicio altamente cuestionado contra una exfiscal anticorrupción, mientras que una jueza permite que un presunto criminal de guerra salga de la cárcel. El edificio conocido como Torre de Tribunales en el centro de la Ciudad de Guatemala es imponente.
The Distortion of Justice in Guatemala
A sham trial against a former anti-corruption prosecutor gets underway, while a judge gives an alleged war criminal a “get out of jail free” card. Guatemala’s courthouse tower is an imposing building. Four elevators move hundreds of people up and down its fifteen stories each day, though inevitably one or two of them are not working, leading many to get their daily steps by trudging up and down the dreary stairwell filled with signs about reporting corruption.
Clandestine Structures in Guatemala Consummate Witch Hunt against Judge of 'Death Squad Dossier' Case
This Tuesday, Miguél Ángel Gálvez resigned as Guatemalan High-Risk Judge and announced his exile. He left the country on November 4, planning to return to challenge efforts to lift his judicial immunity promoted by the Foundation Against Terrorism with the complicity of the Attorney General’s Office and powerful members of the Guatemalan judiciary. But in the end, he became convinced that it was a trap.
Las viejas estructuras clandestinas de Guatemala completan la cacería contra el juez Gálvez
Miguel Ángel Gálvez presentó este martes 15 de noviembre de 2022 su renuncia como juez de Mayor Riesgo y anunció su exilio. Abandonó Guatemala el pasado día 4 con planes, según dijo, de regresar para luchar contra la solicitud de antejuicio que la Fundación Contra el Terrorismo, con la complicidad del Ministerio Público y el sistema de justicia de Guatemala, siguen contra él, pero se terminó convenciendo de que es una trampa.
In Guatemala, Ex-Paramilitaries Face Trial for Wartime Rape of Indigenous Women
In 2019, a judge decided not to believe 36 Maya Achi women who accused six men of acts of sexual violence that took place between 1981 and 1985, the height of Guatemala’s bloody 1960-1996 internal armed conflict. The judge dismissed the charges and the men walked free. The accused—all former members of the Civil Self-Defense Patrols (PAC), paramilitaries created by the Guatemalan army—likely did not imagine that the women survivors would successfully recuse that judge.
Hope amidst the darkness: Victims continue to press for justice for wartime atrocities in Guatemala
Over the past year, powerful elites have sought to reassert their control over Guatemala’s justice system, removing and intimidating independent prosecutors and judges from their posts, while others face intimidation and unfounded efforts to criminalize them.
Evidentiary Hearings in Dos Erres Massacre Trial Set to Begin Tuesday
The intermediate trial phase against former special forces soldier Gilbert Jordán for his alleged role in the Dos Erres massacre is set to begin on Tuesday, November 17, 2020. Judge Claudette Domínguez of High Risk Court “A” will hear evidence against Jordán for his role in the 1982 Dos Erres massacre, in which Kaibil soldiers killed an estimated 200 men, women, and children. Jordán, 64, is charged with direct participation in the murder of 162 people.
Court Rejects Release Request of Convicted Military Officials in Molina Theissen Case
The First High Risk Court of Appeals rejected yesterday the request for release filed by three of the four senior military officials convicted in the Molina Theissen case. The court consisted of a panel of three judges: presiding judge Anabella Cardona, Mynor Oxom and Marvin Reyes.
Convicted Military Officials in Molina Theissen Case Seek Release
On Wednesday, August 19, the First Court of Appeals in Guatemala will convene a hearing to consider a request for release filed by three of the four senior military officials convicted in the Molina Theissen case. The former military official are requesting to be released from prison due to concerns over the COVID-19 pandemic.
In Guatemala, COVID-19 Puts Justice on Hold, Emboldening Convicted War Criminals to Seek Their Freedom
The COVID-19 pandemic has upended all facets of life across the globe. In Guatemala, as in many parts of the world, the threat of COVID-19 has paralyzed judicial activity. As a result, several ongoing judicial proceedings involving conflict-era war crimes have been temporarily suspended. At the same time, convicted war criminals, claiming that they are at high risk, have seized this opportunity to push for their immediate release from prison.
“No One Told This to Me. I Saw It with My Own Eyes.” Survivor Addresses Court As Evidentiary Phase of Maya Ixil Genocide Case Nears Conclusion
During the final two hearings of the evidentiary phase hearings, defense lawyers for three senior military officials accused of genocide, crimes against humanity, and forced disappearance against Guatemala’s Maya Ixil population rejected the charges against their clients. Last week, the Attorney General’s Office and the civil parties presented the charges against the three retired military officials.
Genocide Evidentiary Hearings Commence, Prosecution Outlines Charges Against Senior Military Officials
Judge Miguel Ángel Gálvez has rejected a defense motion seeking his removal from the Maya Ixil genocide case. This happened on Tuesday in High Risk Court “B,” where the evidentiary phase of the case has just begun. Last November, Judge Gálvez, who presides over High Risk Court “B,” charged three senior military commanders with genocide, crimes against humanity, and forced disappearance against the Maya Ixil population.
Ex Kaibil Who Admitted to Killing in Dos Erres Massacre Deported to Guatemala
The United States deported former Guatemalan special forces soldier Gilberto Jordán back to Guatemala today, after he served a ten-year sentence in the United States on charges of illegal procurement of U.S. citizenship and for his participation in the massacre at Las Dos Erres in December 1982. When U.S. authorities arrested him in Florida in 2010, Jordán admitted to killing a baby and throwing it into the town well. A special forces Kaibil unit at Las Dos Erres killed an estimated 200 people.
The Future of Accountability Efforts in Guatemala in the Balance as New Hard-Line Government Takes Office
Advocates of accountability for grave crimes and corruption are deeply concerned that under Guatemala’s new presidential administration and Congress, hard-won gains in the battle against corruption and impunity will give way to new forms of criminal activity, cooptation of the state, and attacks against human rights defenders.
After 25 Years in United States, Guatemalan Accused of Mass Atrocities to Face Charges
Last month, the United States deported Juan Alecio Samayoa Cabrera, 69, back to his native Guatemala. He had been living in the country for more than 25 years. Upon his arrival in Guatemala, authorities immediately detained Samayoa, who faces charges for his alleged role in more than 150 human rights abuses, including torture, rape, and extrajudicial killing, in the department of El Quiché in the early 1980s.
Another Senior Military Official Indicted on Genocide Charges in Guatemala
Last week, a Guatemalan court indicted another senior military official accused of genocide and crimes against humanity against the Maya Ixil population. The official, retired army general Luis Enrique Mendoza García, was the third in command of the Guatemalan army during the government of dictator Efraín Ríos Montt (1982-1983). Mendoza García is the fourth top military official indicted in recent weeks.
Benedicto Lucas García, Accused of Genocide, Denies that the Guatemalan Army Engaged in Wrongdoing
Last week, Guatemala’s Attorney General’s Office finalized the presentation of its indictment against three senior military officials for genocide and other grave crimes against the Maya Ixil population during the military government of Romeo Lucas García (1978-1982). Following the presentation of the indictment, the court gave the defendants an opportunity to respond. Benedicto Lucas García, the former chief of the General Staff of the Guatemalan Army, spoke extensively.
Former Guatemalan Army Chief Accused of Genocide, Crimes Against Humanity, and Forced Disappearance
Last week, Guatemala’s Attorney General’s Office presented its indictments against two of the three senior military officials charged in a new grave crimes case regarding the Maya Ixil genocide, which occurred during the military government of Romeo Lucas García (1978-1982).
Former Chief of Military Operations Arrested in Maya Ixil Genocide Case
Yesterday, authorities arrested retired Army Colonel César Octavio Noguera Argueta in relation to the Maya Ixil genocide case. Noguera Argueta served as Chief of Military Operations (G3) during the last months of the Romeo Lucas García government (1978-1982). He is expected to be charged on Monday.
In Defiance of Court Rulings, Guatemalan Congressional Leaders Push Amnesty Bill
Despite national and international court rulings ordering cessation of debate and permanent withdrawal of Guatemala’s bill 5377, a blanket amnesty law designed to shield perpetrators of grave human rights violations from prosecution, a small group of congressional representatives are leading a new effort to pass it into law. If approved, the legislation would result in the immediate release of all those who have been convicted of, or who are awaiting trial for, human rights violations.
Judge Releases Six Accused in the Maya Achí Sexual Violence Case; No Safety Measures Taken for Victims
International Justice (IJ) Monitor has learned that the six men accused of sexual violence against Maya Achí women in Rabinal, Baja Verapaz in the early 1980s, in the context of Guatemala’s internal armed conflict, were released on order of the judge presiding over the preliminary phase of the legal proceedings in the case.
Rios Montt’s Chief of Operations, Fugitive since 2011, Arrested While Voting
In the midst of Guatemala’s controversial and highly uncertain general elections, a senior military official and former Minister of Defense who authorities sought to arrest in 2011 in the Maya Ixil genocide case was arrested and taken into custody. The official, retired General Luis Enrique Mendoza García, was captured when he went to cast his vote in the general elections on Sunday.
Preliminary Hearings Commence in the Maya Achí Sexual Violence
Nearly a year after the first arrests in the Maya Achí sexual violence case, and after several delays, the evidentiary phase of the trial finally commenced in Guatemala City last week. Judge Claudette Domínguez of High Risk Court “A” presided over the hearings, held on April 22 and 23, during which the Attorney General’s Office presented the charges against the six defendants, all of whom are former military commissioners from Baja Verapaz.
Guatemala’s Future Uncertain with Amnesty Bill Still Not Tabled
Intense domestic and international pressure has seemingly dissuaded legislators from approving an amnesty bill that would free convicted war criminals and those awaiting trial for such crimes. However, the bill has not been permanently tabled, so it could be put back on the legislative agenda at any time for consideration in the future. Bill 5377 was up for the third of three required readings necessary before going to a final vote on March 13.
Guatemala’s Future Uncertain with Amnesty Bill Still Not Abandoned
Intense domestic and international pressure has seemingly dissuaded legislators from approving an amnesty bill that would free convicted war criminals and those awaiting trial for such crimes. However, the bill has not been permanently shelved, so it could be put back on the legislative agenda at any time for consideration in the future. Bill 5377 was up for the third of three required readings necessary before going to a final vote on March 13.
Amidst International Pressure, Guatemala Congress Does Not Pass Amnesty Bill, For Now
A controversial amnesty for war crimes was not approved in the Guatemalan Congress last week amidst an avalanche of international opprobrium. The proposed legislation would free more than 30 former military officials convicted of human rights violations and a dozen more awaiting trial. It would also end all future criminal investigations into rights abuses from the internal armed conflict, which last from 1960 to 1996.
Guatemala One Step Closer to Imposing General Amnesty for War Crimes
The amnesty bill that seeks to revise the National Reconciliation Law passed in the wake of the 1996 peace accords is closer to becoming a reality. On Wednesday, the second of three required readings of the bill took place in the Guatemalan Congress, prompting heated debate by those in favor of and those against the proposed legislation.
For Third Time, Amnesty Bill Fails to Reach Floor of Guatemalan Congress
On Wednesday, the Congress of Guatemala failed for the third consecutive time to bring a controversial amnesty bill to the floor for debate. Bill 5377 seeks to modify the 1996 Law of National Reconciliation, which allows for amnesty for political crimes and related crimes, but specifically excludes international crimes including genocide, torture, and other crimes against humanity.
Guatemala’s Congress Debates Amnesty Bill as Maya Achí Sexual Violence Case Suffers Delays
Today, Guatemala’s Congress is scheduled to hear the second debate of the amnesty bill. The proposed legislation, also known as bill 5377, would free all those convicted of grave crimes committed during the country’s 36-year civil war, as well as those awaiting trial, including six military commissioners accused in the Maya Achí sexual violence case.
Guatemala: Impunity for War Criminals, Again
Guatemala’s Congress stands poised to amend its National Reconciliation Law of 1996, which prohibits granting amnesty to those who had committed international crimes including genocide, torture, and crimes against humanity. The proposed legislation would terminate all ongoing proceedings against grave crimes committed during the country’s civil war, free all military officials and guerrilla leaders already convicted for these grave crimes, and bar all future investigations into such crimes.
Who Benefits if the Guatemalan Congress Passes a Blanket Amnesty?
Guatemala’s Congress stands poised to amend the National Reconciliation Law of 1996, which excluded amnesty for international crimes including genocide, torture, and crimes against humanity. The proposed legislation would terminate all ongoing grave crimes proceedings, free all military officials and guerrilla leaders already convicted of grave crimes, and extinguish all future investigations into such crimes. Who stands to benefit if such legislation were passed?
Guatemala Poised to Adopt Blanket Amnesty for Grave Crimes Cases
As Guatemala’s constitutional crisis grinds on, survivors and families of victims are concerned that the Guatemalan Congress may pass legislation that would effectively establish a blanket amnesty for military officials accused of international crimes related to the internal armed conflict, in which an estimated 200,000 lives were lost.
Court Finds Guatemalan Army Committed Genocide, but Acquits Military Intelligence Chief
In a tense and packed courtroom, Guatemalan High Risk Court “A” delivered its verdict on Wednesday evening in the retrial of José Mauricio Rodríguez Sánchez for the crimes of genocide and crimes against humanity against the Maya Ixil population. The court unanimously found that the State of Guatemala, and more specifically the Guatemalan army, committed genocide and crimes against humanity against the Maya Ixil population during the de facto government of Efraín Ríos Montt (1982-1983).
The Rodríguez Sánchez Genocide Trial: Verdict Expected September 26
Five years after the first genocide trial in 2013, and more than 30 years after the events, the trial against Mauricio Rodríguez Sánchez on charges of genocide and crimes against humanity is wrapping up. Closing arguments have been heard and the final hearing, during which the defendant will have an opportunity to address the court, is scheduled for the morning of September 26. The trial court is expected to deliver its ruling later that day.
The Rodríguez Sánchez Genocide Retrial, Part I: Highlights of the Proceedings
In this first of three posts on the retrial of chief of military intelligence Mauricio Rodríguez Sánchez for genocide and crimes against humanity, we provide a brief background into the process leading up to the retrial and highlight key aspects of the proceedings to date. A second post will analyze new evidence introduced by the plaintiffs in the case. A final post will analyze the role of military intelligence and the alleged responsibility of Rodríguez Sánchez in the Maya Ixil genocide.
The Molina Theissen Judgment, Part I: Overview of the Court’s Findings
In this first of three posts on the judgement in the Molina Theissen trial, we analyze key aspects of the verdict. A second post will scrutinize the court’s findings in response to key defense arguments, which have broader implications for future human rights trials. The third and final post will discuss domestic and international reactions to the trial.
Four Retired Senior Military Officers Found Guilty in Molina Theissen Case
Four retired senior members of the Guatemalan military—including two high-ranking officers previously thought to be untouchable, former Army Chief of Staff Benedicto Lucas García and former chief of military intelligence Manuel Callejas y Callejas—were convicted today in Guatemala of involvement in crimes against humanity. A fifth official was acquitted of all charges. Three of the officials received a sentence of 58 years in prison, while one was sentenced to 33 years.
Legacy of Guatemala Dictator Ríos Montt Shows Justice is Possible
In this op-ed, Jo-Marie Burt and Paulo Estrada present an “alternative” obituary for Guatemalan dictator José Efraín Rios Montt, who died on April 1. Presenting a unique view based on Burt’s role as an international monitor to the dictator’s genocide trial, the article brings to the forefront the experience of survivors and families of victims of the Rios Montt regime who have fought valiantly to bring him and other perpetrators of grave human rights violations to justice.
The Molina Theissen Trial: Four Protected Witnesses Tell Harrowing Stories of Torture
The Attorney General’s Office called four protected witnesses to testify in the sixth hearing of the Molina Theissen case held on Monday, March 19. The individuals, going by pseudonyms witnesses B, C, D, and E, gave their testimony via video conference from the Attorney General’s Office in Guatemala City. These precautionary measures were taken because of the security risks they face by giving their testimony in the case.
The Molina Theissen Sisters Testify: “Our Family was Considered Enemies of the State”
“I thought —naively— that because he was a child, they’d have to release him,” María Eugenia Molina Theissen told the court, referring to her 14-year-old brother, Marco Antonio, who was kidnapped from the family home on October 6, 1981, allegedly by members of the Guatemalan military.
Former Military Intelligence Officer Identified as Kidnapper of Marco Antonio Molina Theissen
Emma Theissen Álvarez de Molina stands and looks over at the holding cell where the five defendants charged in the Molina Theissen case are sitting. The judge asks her if she recognizes any of them. Doña Emma walks closer to get a better look. She stands in front of Hugo Zaldaña Rojas and points to him. “The man who is sitting on the far left,” she says, quietly but firmly.
Ríos Montt Genocide Trial Set to Restart on Friday
The trial against former Guatemalan dictator José Efraín Ríos Montt and his military intelligence chief José Rodríguez Sánchez for the Maya Ixil genocide is set to restart this Friday, October 13. Both men were prosecuted in this landmark case in 2013; High Risk Tribunal A found Ríos Montt guilty of genocide and crimes against humanity and sentenced him to 80 years in prison, while it acquitted Rodríguez Sánchez of all charges.
Molina Theissen Case Ready to Go to Court
The final phase of the preliminary hearings in the Molina Theissen case concluded this past week, opening the path to the criminal prosecution of five former senior military officials charged with the enforced disappearance of 14-year-old Marco Antonio Molina Theissen and the illegal detention, torture, and rape of his sister Emma. After several delays, the pretrial judge in the case, Víctor Herrera Ríos, finalized the review of evidence presented by the plaintiffs and the defendants on June 25.
Ríos Montt to Face Second Genocide Trial for the Dos Erres Massacre
A judge has determined that there is sufficient evidence to send former Guatemalan dictator Efraín Ríos Montt to trial for the case of the Las Dos Erres massacre. This is the second trial Ríos Montt will face in which he is charged with genocide and crimes against humanity. According to Guatemala’s Historical Clarification Commission, the Dos Erres massacre took place over three days in early December 1982 and was carried out by a counterinsurgency unit known as the Kaibiles.
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