Opinion

Is Guatemala’s Attorney General A Woman Of Courage, Or Compliance?

Steve Hecht Editor-at-Large, Impunity Observer
Font Size:

GUATEMALA CITY—On March 29, U.S. Secretary of State John Kerry, in a State Department ceremony, conferred one of its International Women of Courage awards on Guatemala’s attorney general, Thelma Aldana.

According to the official citation, Aldana was being honored for having “fearlessly prosecuted criminals and politicians that had previously been considered untouchable, including bringing corruption charges against the President who appointed her and his Vice-President.”

Aldana is the second Guatemalan woman in three years to win the State Department award. In 2014 Judge Yassmin Barrios was cited for her role in presiding over the genocide trial of the country’s former leader, General Efraín Ríos Montt.

The prosecutions of an ex-president in one case, and of a sitting president in the other, have been instruments of US foreign policy, as the State Department’s own citations about the “women of courage” indicate.

In Aldana’s cases against President Otto Pérez and Vice President Roxana Baldetti, the State Department’s praise of her “fearless” prosecution effectively asserts the defendants’ guilt in advance of their trial.

The citation of Barrios is even more explicit in calling Ríos Montt guilty.

But Kerry, in a State Department conference a few months afterward, carried it still further.

“The stakes were enormous. … And the magnitude and the consequences of Judge Barrios’ decision are almost impossible for me to convey to you adequately. She exposed the truth. She gave voice to thousands of Ixil-Mayan victims, and she provided a crucial legal precedent for genocide cases worldwide.” [emphasis added]

Kerry’s praise gave no indication that the trial had been halted by the action of a higher court, and had still not concluded.

Ten months before Barrios received the State Department’s award, Guatemala’s highest judicial authority, the constitutional court, had thrown out a guilty verdict and suspended the trial on grounds that Barrios violated the defendant’s constitutional rights.

Barrios had expelled Ríos Montt’s lawyer from the court and then ordered his co-defendant’s lawyers to defend him. With a multitude of actions and gestures, Barrios had recreated the atmosphere of the Nazi and Soviet show-trials in her courtroom.

That overwhelming stench was palpable to fair-minded observers visiting the trial. One of those was certainly not the U.S. ambassador, Arnold Chacon, who attended a crucial session of the trial with the single-minded idea of supporting it — as he had already exhorted the Guatemalan people, in a Spanish-only statement, to do.

Kerry’s statement, while acknowledging none of that, tells a world of truth about the Obama administration’s policy. Since 2010, Obama’s three U.S. ambassadors in Guatemala have been pushing for a judicial branch in which politics, not law, is the governing principle.

The Ríos Montt prosecution, flawed as it was, managed to set the table for the ones that brought down the sitting president and vice president — both now imprisoned on charges that have yet to be proved.

In conversation with two journalists representing The Daily Caller, Pérez called the later prosecutions “a coup without bullets.” Behind those maneuvers, Pérez contends, was the furtive power of the U.S. government.

Of late, U.S. power has become more overt and even exuberant. With the embassy’s support, Aldana’s justice ministry is arraigning former army officers in ‘mini-genocide’ cases.

In the so-called Sepur Zarco case, where two former officers were tried for assassination and sexual enslavement, Aldana’s prosecutors used forensic work performed by a private foundation instead of by the official forensic body — a violation of law.

At odd moments when the defense tried to introduce evidence in its favor from that foundation, the presiding judge — Yassmin Barrios, reprising her role from the genocide trial — refused to admit it.

Barrios, however, did accept testimony from women who said they had been raped at the camp, had returned home, and had then gone back to the camp to be raped again. That sequence, involving 11 women, supposedly went on for six months — and not a single pregnancy resulted.

The foregoing facts were not admitted by the court. Nor were the officers allowed to confront the witnesses against them; the accusers, although present in court, were not required to testify.

The officers got sentences of 120 and 180 years — the convictions being for crimes against humanity, forced disappearance, and other charges conveniently exempt from the 1996 amnesty that ended the country’s 40 years of internal conflict.

U.S. ambassador Todd Robinson has been a vocal supporter of the Sepur Zarco and other cases. According to defense attorney Moisés Galindo, the ambassador has met with plaintiffs’ attorneys in some of those cases but not with defense attorneys.

Galindo told The Daily Caller that, as a defense attorney, he feels threatened by the ambassador’s actions.

Columnist Ileana Alamilla put it this way: “Nowadays the orders are coming in English.” Alamilla’s phrase refers to the U.S. embassy’s recent campaign for the congress to re-appoint Gloria Porras a justice of the constitutional court.

President Pérez told The Daily Caller that several congressional deputies had visited him at his confinement quarters to complain of pressure which Ambassador Robinson was applying on behalf of Porras.

According to Pérez, the ambassador told the deputies: “For us, the vote in congress on the magistrate’s job is very important. I’ve asked you to help us. In the embassy’s view, option A is Gloria Porras. Option B is Gloria Porras. And option C is Gloria Porras.”

Some deputies, according to Pérez, said they got a rough message from U.S. embassy operators: “If you don’t vote for Gloria Porras, you can stop coming around to the embassy for coffee” — while other deputies reported that “they even heard mention of the visas.” That would be the all-important matter of being allowed to travel to the U.S.

Thanks to the embassy lobbying — and in the face of evidence that she had misappropriated court funds — Porras won her re-appointment in congress by a vote of 145 to 6. That’s a very steep majority for a congressional appointment.

Seeing things in that light gives another view of Attorney General Aldana and her award for being a “woman of courage.”

Let’s paint Aldana in her actual colors. Above all, she is an astute observer of politics who has climbed the ladder in a treacherous environment.

Aldana is well aware that Judge Barrios, her fellow State Department laureate, is a hatchet-woman pursuing convictions of former army officers.

Aldana also knows that Gloria Porras has gotten to the highest court in the land because she is a reliable executor of those same causes.

The attorney general was lauded by the State Department because she agreed to prosecute the CICIG’s cases against Pérez and his vice president. But that’s no necessary sign of courage. In this environment, it was more likely an act of compliance with the real sources of authority.

Unless we should ever happen to get a fair presentation of the Pérez and Baldetti cases in court, we can’t know the attorney general’s motives. But the closer one looks at Aldana’s State Department award, the more suspect it becomes.

Steve Hecht, an American businessman in Guatemala, has written widely about that country’s politics.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel