ODHAG - Oficinas de Derechos Humanos del Arzobispado

(The Archbishops Human Rights Office)

By Nery Rodenas

 

The office was established on the 15th. of January 1990 with services from the Catholic Church, and its objectives are to promote and defend Human Rights. It was established as a reaction to the 37 years of civil war and the process of peace accords in the 90s. It was to create a cultural construction of peace and a respect for the Human Rights.

 

The signing of the Peace Accords in December 1996 created the UN Commission of Historical Clarification (also known as the Truth Commission) which was to collect testimonies of victims of Human Rights violations, following the examples of El Salvador, Nicaragua, South Africa, Chile etc.

 

A commission of the church received reports from victims also and contributed them to the Commission of Historical Clarification. However, a separate project by the Catholic Church was initiated in order to support and promote the Truth Commission and came to be known as REMHI (Recuperation of the historical memory). In April 1998 REMHI published the report “Guatemala Nunca Más” which was based on 3 years work and 6 thousand testimonies. It was the first time in history that a document on human rights violation by paramilitary, military and the Guerrilla was published. 2 days after Bishop Gerardi was assassinated.

 

It was a report that mentioned many key conspirators of human rights violations by names, and it worried many. It shed light on the need for a result on the violations in the communities, who were experiencing psychological sufferings.

 

The report documented massacres and 600 concealed cemeteries. It documented the death of many innocent people who had not taken part in the civil war.

 

As a result of the report a reconciliation process begins between the government and the communities. A project is to assure examinations and mental health.

 

Today, after the Peace Accords, the violence is not as big a problem as before but there still exists problems which have not been solved.

 

The Peace Accords were intended to solve the problems that initiated the conflict (among them the acknowledgement of the maya groups), and defined the following action:

·      The establishment of the Commission of Historical Clarification

·      Reduction of the army

·      Reemerging of various communities

·      Acknowledgement of the dignity of the victims that disappeared

·      Services of health, living, clothing and education

 

The government promised fulfillment, however as for now the Accords have not been fulfilled, and this has lead to frustration in the population.

 

The assassination of Mr. Gerardi was a big set-back for the democratic process - it was an obvious political oriented crime done after the signing of the Peace Accords. As such it illustrates the existence of groups in favor of impunity.

 

In the process of investigating the assassination, the investigation has been obstaculized, evidence has been tampered with and judges and testimonies have been threatened. 2 prosecuting attorneys have fled the country for their life.7 witnesses are in exile because of death threat and the 3 key witnesses have been threaten to death. However, 3 military officials and 1 civilian were convicted for the crime. One was an ex-coronal, who had been involved in other documented human rights violations. The 3 military officers got 30 years in jail each, and the civilian, who was a catholic priest that lived with Mr. Gerardi, got 20 year for having been the conspirator.

 

The Gerardi case was an open investigation of high rank military and succeeded thanks to fiscal will, even though many had to leave the country due to death threat.

 

Many sectors are left unattended by the government, especially the ministry of justice and crimes of political nature. For example, the many abuses of reporters, of which the majority never have been investigated. Human rights activists are also receiving threats.

And these violators are still part of the government, who does not do any attempt to remove them!

For example, Rios Montt who has been claimed responsible for the worst genocide in history, but in spite of this he won the position as the President of Congress!

Another example is the GuateGate, where the FRG party was accused of tampering with the law, however it never reached a process in the legal system!

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Q and A session

 

Q: In the Gerardi case - is it the right people who has been convicted?

A: They and other officials from the army were responsible. The case was political motivated. Gerardi was a political threat who had to be erased. The people who ordered the crime are from the highest rank of the army and have not been processed yet.

 

Q: Is there a change of attitudes towards the democracy among the young officials?

A: Yes I think so. The old ones are still repressive but a number of young officials have a democratic mind-set. However, it is still a long distance away!

 

Q: We have earlier heard that the judges are nominated by the Congress - is this true and what effect does it have?

A: Yes the judges are first and foremost nominated by the Congress, but however there are some judges with justice as their motive - but they are few. We have to use the legal system and trust that it goes well. There is very little coordination with the ombudsman - he has distanced himself from the human rights organizations, hence there is a lot of criticism against the ombudsman. His resolutions have been very little impartial and his investigations have not been objective. He lacks aggressiveness and force in his sentences!

 

Q: MINUGUA is withdrawing - what effect does that have on ODHAG?

A: MINUGUA has reduced its role - it does not have the same presence. Its support has been very important and it has permitted companionship and detailed certification of the violations.

 

Q: The report of REMI - which effects did it have?

A: It created the space to give testimonies of violence. It has allowed the people to understand WHY the violence and deaths happened. It initiated processes of legal prosecution, e.g. cases of genocide which have been seen since. And it provided people with the courage (or with less fear) to testify. The report will be included in the history and will be able to inform future generations.

At the same time the threats also affect the families - one is conscious that the risk exists! And the Catholic Church has provided some kind of protection in the minds of many.

 

The message of the assassination of Mr. Gerardi: the capability to touch the head of the organization and as such also the rest of the people working there!