Guatemalan officers found guilty of
murder
By PAUL JEFFREY
Special to the National Catholic Reporter Guatemala
City
On June 8, three military officers were convicted of the savage
beating that left Bishop Juan Gerardi Conedera dead in Guatemala City on April
26, 1998. A priest was convicted as an accomplice to the crime.
The convictions were, in an ironic way, a realization of a dream
that motivated Gerardi even when he lived in exile during the most brutal years
of Guatemalas civil war.
Gerardi dreamed of truth. He believed that simple truth-telling
was fundamental to overcoming the pernicious impunity that governed life in his
country and allowed the military to get away with murder every day.
The bishop built his life around that quest. Yet it was in his
savage death and the tangled legal and political process that followed that
Guatemalans may have finally broken a pernicious pattern of lies.
Gerardis report of the historical memory
project, which he presented two days before his death, gave a detailed
accounting of who was responsible for the massacres and disappearances of the
civil war that ended in 1996.
In the three years since Gerardis death, powerful forces
behind the scenes have manipulated the criminal investigation, threatening
those who sought the truth. Seven possible witnesses were killed. Six
witnesses, a prosecutor and a judge fled the country in fear of their lives. In
March, the night before the landmark 46-day trial opened, a judges home
was bombed.
At 4:30 a.m. on June 8, the three-judge panel returned its
verdict. Religious and rights activists had waited all night, and after hearing
the judges declare three military officials and a priest guilty, they
didnt cheer or applaud, but simply filed out into the dawn. Yet there was
relief and a sense that the political landscape had somehow been permanently
transformed.
Our struggle has borne fruit, our efforts have not been in
vain, Helen Mack tearfully declared. Macks sister Myrna, an
associate of Gerardi, was assassinated by the military in 1990.
Those convicted included retired Col. Disrael Lima Estrada, a
former head of army intelligence; Capt. Byron Lima Oliva, Estradas son,
and Sergeant Jose Villanueva, a former presidential bodyguard. The three
officers received 30-year sentences.
Fr. Mario Orantes, a priest who shared a parish residence with
Gerardi, received a 20-year sentence for complicity in the murder. The
bishops housekeeper, Margarita Lopez, was acquitted of a charge that she
helped destroy evidence.
In their 147-page opinion, the judges cited witnesses and evidence
important to their deliberations. They noted the testimony of several priests
who had worked with Gerardi. The priests had described how Gerardis
pastoral work had long infuriated military chieftains who wanted no
interference in their labor of genocide.
Angry reaction among military
The judges noted testimony describing the militarys angry
reaction to Gerardis report and the way it had recounted the grisly years
of war. Judges also noted fear among top officers that Gerardi would support
legal action by victims determined to bring tormentors into court.
The judges singled out the crucial testimony of Ruben Chanax, a
street person who had been paid $40 a week by Lima Estrada to spy on Gerardi.
Chanax returned from Mexico, where he is living under a witness protection
program, to testify about how he had helped Lima Oliva and Villanueva move the
bishops body and clean blood off the floor leading into the parish
residence. Chanax said he saw Lima Estrada supervising the operation from
across the street, and also saw Orantes close the door to the garage, where
Gerardis body lay, after telling Chanax to forget that he had spoken to
the priest.
At the end, although the judges recognized that no one had proved
who actually killed Gerardi, they nonetheless declared that the three military
officers were co-authors of the crime, involved in planning and
carrying out the murder, as well as altering the crime scene afterward.
The exact charge of which the military officers were convicted --
extrajudicial execution -- implies that the three acted as agents
of the state in committing the crime. The judges essentially declared the
bishops killing a political crime, carried out by a military that had
long been threatened by Gerardis pastoral concern for truth-telling and
justice.
The judges denied the prosecutors request to similarly
convict Orantes, instead ruling that the priest contributed to planning
the crime and, in failing to denounce the deed, permitted alteration of the
crime scene. Those actions, the judges said, converted him into an
accomplice.
The four convicted men maintained their innocence. Their attorneys
said they would appeal, a process that could take over a year. I hope the
appeals judges display the same courage as the three judges who heard the
case, said Bishop Julio Cabrera of the El Quiche diocese.
Many observers were left wondering how defense attorneys might
alter their strategies during the appeal process. Ironically, some of the most
damning evidence against the four convicted men in the recent trial came from
witnesses that their own attorneys called to the stand.
Dennis Smith, a Presbyterian Church (USA) mission worker in
Guatemala, said defense attorneys, accustomed to a legal climate where the army
is never challenged, were obviously not used to having to go this
far.
Julio Echeverria, the attorney for Lima Oliva, blamed
international pressure for the courts decision.
Its not normal that so many ambassadors show up in a
courtroom, he said. Their presence had a message.
Search continues
The guilty verdict didnt end the search for who killed
Gerardi. The judges ordered prosecutors to investigate 13 others linked to the
killing or to the attempted cover-up.
Army leaders were strangely quiet about the verdict. Some
observers suggested that a recent increase in the armys budget,
effectively doubling its income, was the price the government paid for
convincing army leaders to let the Limas and Villanueva take the rap.
Yet how much acquiescence such hush money can buy will soon be put
to the test as other high-profile cases move into the courts. Mack hopes to
soon bring to court three high-ranking military officials she claims ordered
her sisters killing. And just two days before the verdict in the Gerardi
trial, a Guatemalan rights group representing 12 Mayan villages filed charges
of genocide against retired General Efraín Rios Montt. The general,
currently serving as president of the Guatemalan Congress, is charged with
ordering the deaths of 12,000 highland villagers.
International observers have watched the trial closely and
promised to keep up their vigilance during the appeal process. The church
in Guatemala is worried about repercussions for its work against impunity, and
people in the archdiocese have asked us to keep pressuring for the safety of
all involved, said Kathy Ogle, a coordinator of the Washington-based
Ecumenical Program on Central America and the Caribbean.
Barb Bocek, a Guatemala specialist with Amnesty International-USA,
told NCR on June 10 that its more crucial than ever to
demand that the government of Guatemala guarantee the lives of the judges,
prosecutors, attorneys and witnesses in this case.
A day later, while in Guatemala with two other Amnesty officials,
Bocek was attacked in her hotel in Guatemala City. Knocked unconscious, then
bound and gagged, she was found in a stairwell.
Amnesty spokesperson Alistair Hodgett said the organzation had
filed an official complaint with Guatemalan authorities.
Just as the conviction of the three military officers poses
challenges for the larger society, the conviction of a Catholic priest has left
church leaders struggling with the implications.
On May 29, the auxiliary bishop of Guatemala City, Mario Rios
Montt, announced that Orantes would have to face an ecclesiastical court
following the conclusion of his criminal trial. Three weeks later, the Vatican
appointed a new archbishop, Rodolfo Quezada Toruño, to succeed
Archbishop Próspero Penados del Barria, who had resigned. How the new
archbishop will handle the case isnt clear.
Orantes nebulous motive
Neighboring prelates echoed conflicting views. Cardinal Oscar
Andrés Rodríguez, the archbishop of Tegucigalpa, stated,
Justice has to prevail because the father is innocent. Archbishop
Fernando Sáenz Lacalle of San Salvador disagreed, calling Orantes
involvement shameful and declaring, Whoever commits a crime
deserves the punishment thats imposed.
Orantes motive for participating in the crime is even more
nebulous than his future in the church. Nery Rodenas, director of
archdioceses human rights office, which was granted prosecutorial status
in the trial, told NCR that Orantes has always been an
enigma for church investigators. From the beginning of the investigation,
conservative Catholics have criticized investigators, regarding their work as
an inappropriate lack of support for a priest. Yet investigators, though still
unclear about Orantes precise role in the crime, were convinced early on
that the priest was lying about events the night of the killing.
Orantes motive remains a mystery for many of us,
Bishop Álvaro Ramazzini of San Marcos, Guatemala, told NCR.
My personal hypothesis is that any involvement was involuntary. They
managed him, manipulated him or threatened him.
Acknowledging that Orantes conviction has caused deep
pain for the church, Bishop Cabrera said, Its still
unimaginable to me that a priest could collaborate in a murder.
Smith, the Presbyterian mission worker, said that Orantes
conviction will encourage the church to face up to its own complicity in the
massive violence this country has lived through. Catholics are going to
have to deal with their own internal issues of impunity, and there are a lot of
skeletons in that closet, Smith said.
National Catholic Reporter, June 29,
2001
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