May 22, 2013
Updating our previous post:
On Monday, May 21, Guatemala’s Constitutional Court set aside the May 10 conviction of former military ruler José Efrain Ríos Montt for genocide and crimes against humanity, ordering the trial court to reconvene the trial from where it stood on April 19.
The historic May 10 verdict had marked the first time a former head of state had been convicted by a national, rather than international, court on genocide charges.
The Constitutional Court’s decision stemmed from a constitutional challenge raised by Ríos Montt’s defense attorneys. They maintain he was denied due process when the trial court expelled his previous defense attorney, leaving Rios Montt without counsel for a few hours, during which he was represented by his co-defendant’s attorneys. On April 18, an appeals court reinstated the defense attorney and ordered the trial court to take remedial action.
On May 9, the appeals court ruled that the trial court had complied with its order, but a deeply divided Constitutional Court disagreed in a 3-2 decision. As a result, the court will have to hear again the witnesses who testified after April 18, as well as the concluding statements from both the prosecution and defense. Even these steps may not conclude the case, for the Constitutional Court has given notice that it is considering additional challenges.