Yesterday, Guatemalan Judge Carol Patricia Flores, the judge most recently overseeing the trial of Efraín Ríos Montt on charges of genocide against indigenous peoples, suspended the trial based not on any lack of evidence, or prosecutorial wrongdoing, or on any finding of innocence of Ríos Montt, but on a technicality. The question at its core hinges on who could have been or could not have been judge during the long process that led to the trial; in making her ruling, Flores has effectively returned the case to its pre-trial stage, where it sat in November 2011, nearly a year and a half ago. The ruling itself comes just as the trial was on the verge of reaching its conclusion. Suffice to say, the ruling is farcical, a successful attempt in what has been a long string of delaying tactics Ríos Montt’s defense team deployed in an attempt to derail the trial. Though prosecutors were set to challenge the ruling this morning, there doesn’t appear to be much reason to believe they will be successful.
In the long term, it is not clear what is next, but it is unlikely to aide in the path towards justice in the case of human rights violations that Ríos Montt’s government committed. That human rights violations occurred under Ríos Montt’s 1982-1983 administration is incontrovertible; that such violations met legal definitions of genocide is also apparent, and testimony from the trial further reinforced that fact. The loss of a year and a half of legal proceedings is not nothing, and setting the judicial clock back to November 2011 makes it increasingly unlikely that the now-86-year-old dictator will live to see a conviction for his role in human rights violations that his regime committed. The situation could change – perhaps the latest development is again overturned (though given that it’s now at the highest levels of the judicial system makes that outcome seem unlikely); perhaps the trial is able to resume and Ríos Montt lives long enough to see justice. Right now, though, this is just an extremely disappointing outcome, one that simultaneously throws into question judicial effectiveness and reinforces a culture of impunity in Guatemala even while denying justice and closure to thousands of Guatemalans.