Yesterday, I was rather pessimistic after Guatemalan Judge Carol Patricia Flores suspended the trial of former general Efraín Ríos Montt on a technicality, setting the process back a year and a half and making justice look increasingly difficult.
However, the judge currently presiding over the case, Yasmín Barrios, has rejected the annulment, calling the ruling “manifestly illegal” and saying Flores had greatly overstepped her judicial authority.
Yesterday, things appeared bleak, though not without hope; today, things appear hopeful, but not without pitfalls. The question now basically boils down to one issue: which judge is correct? Does the fact that a higher court reinstated a judge without alerting the lower courts to the reinstatement really nullify all court proceedings, as Flores argued in her annulment? Or has Flores’ ruling overstepped her authority as a higher court judge, as Barrios argues? The answer to the these questions has set up a judicial showdown, and it is not clear how the highest levels of the judiciary will rule. What is clear is that the options on rulings are further dwindling, and the ruling in this matter likely will be in no small part vital to the outcome of the Ríos Montt trial, and to the issue of justice (or impunity) in Guatemala. It’s unfortunate, if perhaps unsurprising, that the issue of justice and of addressing human rights violations may come down to an institutional showdown, but the fact remains that, among at least some members of the judiciary, the will to prosecute human rights violations remains strong. No matter what, the case will absolutely be worth watching in the following days.