Guatemala snubs human rights court, orders release of prisoners convicted of crimes against humanity

A Guatemalan appeals court has disobeyed a ruling from the Inter-American Court of Human Rights by ordering the release of three former high-ranking military officers convicted of crimes against humanity

BySONIA PÉREZ D. Associates Press
June 9, 2023, 6:20 PM
Guatemala Justice
FILE - Former army officers Benedicto Lucas Garcia, left, and Edilberto Letona Linares, sit in a cell at a courtroom in Guatemala City, Thursday, March 2, 2017. A Guatemalan appeals chamber disobeyed a ruling by the Inter-American Court of Human Rights on Friday, June 9, 2023, by ordering the release of three high-ranking ex-military officers convicted of crimes against humanity; among the three is Lucas Garcia. (AP Photo/Moises Castillo, File)
The Associated Press

GUATEMALA CITY -- A Guatemalan appeals court on Friday disobeyed a ruling from the Inter-American Court of Human Rights by ordering the release of three former high-ranking military officers convicted of crimes against humanity.

In March, the regional human rights court halted the release of the prisoners “to prevent irreparable damage to the right of access to justice for the victims.”

It's not the first time that Guatemala authorities have disregarded rulings by the court - they've been condemned for it 14 times before. The original 2018 sentencing of the men actually came about as a result of a 2004 condemnation by the rights court, which rebuked decades of impunity in a case centered around the forced disappearance and aggravated rape of members of the Molina Theissen family.

But it's the first case Guatemala authorities have done so in a situation that involves releasing prisoners already convicted of serious crimes. It also comes as watchdogs warn of deteriorating democracy and a growing embrace of authoritarian tendencies in Central America. In Guatemala, critics have gone as far as accusing elites of trying to “hijack Guatemala's justice system" for political benefit.

The military officials winning out from the appeals court decision are Francisco Luis Gordillo Martínez, Manuel Antonio Callejas y Callejas and Manuel Benedicto Lucas García.

In 2018, the men were sentenced to between 33 and 58 years in prison for crimes against humanity, the forced disappearance of a 14-year-old boy and the violent rape of his sister.

Despite Friday's decision, the men still haven't been released from prison because they still await rulings in two other trials against them for crimes of genocide and forced disappearance.

Still, Jovita Tzul, lawyer for the Molina Thiessen family, rejected the final decision of the appeals court as “a regrettable resolution, which generates serious setbacks in terms of human rights.”