On Saturday, August 10, the defense of former general Benedicto Lucas García filed a legal action to recuse the court, since according to the lawyers the court allowed the Public Prosecutor’s Office to overreach their interrogation of an expert witness on the topic of victim identification.
Therefore, several human rights organizations pointed out in a statement that the action of the defense is a malicious recusal:
“The victims of the genocide have waited 42 years for justice (…)and this attempted dismissal is just another way to avoid the conclusion of this historic trial with a condemnatory sentence.”
The court adjourned Monday’s hearing in order to attend the legal action quickly and on Tuesday the hearings continued. We invite you to the full statement:
Malicious Attempt at Dismissal in the Genocide Case
The public oral debate against Benedícto Lucas Garcia, accused of genocide, forced disappearance and crimes against humanity of the Ixil people, was suspended today because of of an attempt at dismissal by the defense lawyers from the Instute of Public Criminal Defense.
This happened in written form in front of a reconciliation court, a situation that shows an act of bad faith on part of the defense, as no matter what this should have been presented orally as is established by law.
This tactic is totally illegal, frivolous, and malicious as it was presented outside of the stipulated time in effect. According to the law it should be declared unjust while it’s pending, as is regulated in the Penal Process Code in Article 67, second paragraph, that establishes that ‘if it is rejected for unjust means, the audience should continue.’
The victims of genocide have waited 42 years for justice. In this debate there have already been 63 audiences where a wide array of diligently assembled testimony and scientific evidence that has confirmed a genocide in Guatemala and the participation of the accused Lucas Garcia in these deeds, and this attempted dismissal is just another way to avoid the conclusion of this historic trial with a condemnatory sentence.
This is the fourth trial for genocide in the national courts and it has been demonstrated that in Guatemala there was a genocide and sexual violence, and these malicious acts revictimize the surviving victims, especially women affected by sexual violence.
Guatemala, August 12, 2024
Association for Justice and Reconciliation
Office of Human Rights of the Archbishop of Guatemala- ODHAG
Center for Legal Action for Human Rights– CALDH
Convergence for Human Rights
Coalition Genocide Never Again
Read the statement in Spanish here:
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