August 15, 2024
FOR IMMEDIATE RELEASE

Media Contact:
Michelle Liang, International Accompanier, NISGUA
internacionalista@nisgua.org | +502 4873 4422

Guatemala City, Guatemala – On Monday August 12, 2024, the defense lawyers of ex-general Manuel Benedícto Lucas García, accused of genocide, forced disappearance and crimes against humanity of the Maya Ixil people, made a frivolous and malicious attempt to dismiss the case surrounding the genocide of the Maya Ixil people in Guatemala.

The case against ex-general Lucas García has been in progress for four months since it began on April 5, 2024 at the First Court of Criminal Sentencing, Narco Activity and Crimes against the Environment, for High Risk Processes, Group “A”, Guatemala City, Guatemala. In the last four months, 63 survivors of the Ixil genocide and 50 experts, including forensic anthropologists, social anthropologists, military experts, international experts on forced displacement and the environment, and others, have brought forward indisputable evidence of ex-general Lucas García’s role in the genocide against the Maya Ixil people between 1978 and 1982.

Since the beginning of the trial, the defense lawyers have been making desperate attempts to delay or suspend the case since they know that they do not have the evidence to defend Lucas Garcia against charges of genocide. On March 25, 2024, when the case was supposed to begin, two lawyers of Benedicto Lucas García resigned from the defense of the accused, leading the trial to be suspended until April 5, 2024. This is a tactic of delay that those accused of genocide have employed in the past, such as in the case of Ríos Montt. Over the course of the last four months, the defense has continued to make baseless motions, such as an injunction against a key military expert which is still awaiting resolution.

Regarding the motion on August 12, 2024 to dismiss the case, the plaintiffs, the Association for Justice and Reconciliation (AJR) and Office of Human Rights of the Archbishop of Guatemala (ODHAG), stated:

“This tactic is completely 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.’…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.”

On the following day, August 13, 2024, the Court resolved to continue the trial. Still, at the moment of announcement, the defense lawyer made another unsuccessful appeal for the suspension of the case on the grounds that they did not receive sufficient advance notification of the resolution. The Court ultimately ruled against the defense.

During these developments, 11 witnesses from different communities, who are not able to travel due to advanced age and health issues, have been preparing to give their testimonies before the Municipal Judge of Nebaj, which will be video transmitted to the First Court of Criminal Sentencing, Narco Activity and Crimes against the Environment, for High Risk Processes, Group “A” in Guatemala City.

The 11 witnesses are scheduled to give their testimonies before the Municipal Judge of Nebaj from Monday August 19, 2024 to Wednesday August 21, 2024 from 8:30 to 3:30 each day. They will come in from different communities of the Ixil region, some from five hours away.

In Nebaj, institutions of the State, groups against transitional justice, groups of ex-Patrollers of the Civil Self-Defense and the Association of Military Veterans of Guatemala (AVEMILGUA) may attempt to obstruct the proceedings or coerce the witnesses who appear at the hearing. For this reason, the plaintiffs AJR and ODHAG have called for an international eye to watch over these proceedings.

According to the Office of Human Rights of the Archbishop of Guatemala (ODHAG): “The presence and observation of social organizations, collectives and international accompaniment organizations…give greater confidence and peace of mind to the witnesses and, in particular, reduce the risks to their physical and mental health through their presence, solidarity and documentation of the proceedings.”

In this critical moment, a month before the expected end of the trial, we call upon international media to continue to shine a spotlight on the case and reflect upon the international community’s role in enabling the genocide. In particular, the United States provided training to the Guatemalan police and military, promoted the ‘internal enemy’ doctrine, and taught torture techniques, forced disappearance, and counterinsurgency tactics. Survivors of the genocide of the Maya Ixil people and their families and communities have been awaiting justice for over 40 years, and the fight will continue until justice prevails.

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General Information: The Ixil Genocide Case is four decades in the making. In this time, survivors and family members have aged while continuing to fight for recognition of the genocide, and many survivors have passed away without seeing justice.

The genocide against the Maya Ixil people is part of a state genocide against the Indigenous people of Guatemala that spanned decades (1960-1996), from which the Historical Clarification Commission has registered more than 250,000 deaths and disappearances, over 1 million internal displacements, 200,000 refugees, 440 communities erased from the map, and more than 600,000 massacres, 70,000 orphans, and 50,000 widows.

During the military government of Romeo Lucas García (1978-1982), the Guatemalan state and army designed and implemented its policy of genocide. While Romero Lucas García was in power, more than 1700 people suffered from genocide, forced disappearance and crimes against humanity by military operations deployed in the Maya Ixil region.

The opening of the case against Manuel Benedicto Lucas García is a powerful step forward in the path towards transitional justice. However, challenges remain. Although the inauguration of President Bernardo Arévalo opens new democratic possibilities of respect for the rule of law and due legal process, corrupt figures remain in the Public Ministry and high courts, including magistrates of the Supreme Court of Justice and the Constitutional Court. This creates a high risk that the process will be interrupted by illegal actions to protect the accused with impunity.

Timeline of the Case:

In 2008, the ODHAG accepted the request of AJR to direct the investigation and the legal action in a criminal complaint against the Military High Command of former General Romeo Lucas García, for grave human rights violation committed by the State security forces against the Maya Ixil4 ethnic group between July 1st of 1978 and March 23rd of 1982.

Between 2008 and 2019, preliminary investigation work was carried out, resulting in the identification of at least 1296 victims.
In 2021, Judge Miguel Ángel Gálvez (today under political persecution by the Foundation Against Terrorism) decided to send the Generals Manuel Benedicto Lucas García and Manuel Antonio Callejas y Callejas to trial, for their alleged participation in the aforementioned crimes.

The Trial, in the Oral and Public Debate Phase, was scheduled for 2022. However, after a series of excusals of several judges and a recusal brought by the plaintiff AJR, the court was not convened until April 2023.

On January 4, 2024, the First Criminal Sentencing Court for High Risk processes, granted immediate release to retired General Manuel Antonio Callejas y Callejas, who would have faced trial this January for his responsibility in more than 1000 deaths, forced disappearances, sexual violations and forced displacement, when he was Chief of Military Intelligence of the General Staff of the Guatemalan Army between 1978 and 1982. Experts concluded that the General is incapable of standing trial because he suffers from progressive dementia due to Parkinson’s disease. NISGUA and AJR state that this does not excuse the responsibility of retired General Callejas y Callejas.

The trial against Manuel Benedicto Lucas García began on April 5, 2024.

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The Network in Solidarity with the People of Guatemala (NISGUA) links people in the U.S. and Guatemala in the global grassroots struggle for justice, human dignity, and respect for the Earth. NISGUA accompanies Guatemalan partners in the struggle for justice and accountability and defense of land and water, including AJR.