Tomorrow, March 13, 2019, the Guatemalan Congress will consider an initiative to reform the Law of National Reconciliation that will establish an amnesty for cases involving the internal armed conflict between 1960-1996, which created 200,000 victims and 45,000 disappeared. The amnesty would erase the criminal proceedings against war criminals.
Since 1999, the State has prosecuted 16 cases of human rights violations in courts, involving genocide, forced disappearance and sexual violations, of which 13 have resulted in the conviction of 42 members of the military and one guerrilla fighter.
Initiative 5377 to amend the Law of National Reconciliation could be applied retroactively which would permit that dozens of persons convicted and imprisoned for serious violations of human rights would be set free within 24 hours.
The Inter-American Court yesterday, in proceedings to review State compliance with a Court's judgment, considered Guatemala's compliance with the Court's 2004 Molina Theissen judgment in the light of this proposed amendment. The State representative was asked by the President of the Court how this proposed law could be considered in compliance with the State's obligations under the American Convention since it would result in the liberation of the convicted members of the military. The State representative could not provide a coherent response to the question.
Initiative 5377 to amend the Law of National Reconciliation could be applied retroactively which would permit that dozens of persons convicted and imprisoned for serious violations of human rights would be set free within 24 hours.
The Inter-American Court yesterday, in proceedings to review State compliance with a Court's judgment, considered Guatemala's compliance with the Court's 2004 Molina Theissen judgment in the light of this proposed amendment. The State representative was asked by the President of the Court how this proposed law could be considered in compliance with the State's obligations under the American Convention since it would result in the liberation of the convicted members of the military. The State representative could not provide a coherent response to the question.
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