Rios Montt Trial to go forward - sooner than expected

On Tuesday, a judge in Guatemala's "High Impact Court" (Tribunal de Mayor Riesgo) notified the parties involved in the trial of former de facto head of state Efrain Rios Montt that the trial will begin sooner than anticipated. After reviewing complaints from representatives of Rios Montt and Jose Mauricio Rodriguez Sanchez (former intelligence director, also to stand trial for war crimes), the court dismissed claims of impartiality and, surprisingly, moved the date of the trial from mid-August to March 19 of this year.

Guatemalan courts have an historic lack of independence, frequently subject to congressional manipulation and "subordinance" to the president, according to an October presentation in Washington by Supreme Court Justice Cesar Barrientos. Guatemala's High Impact Courts, a recent development in the country's judicial system, are regarded as a vast improvement in the independence and provision of rule of law. The new courts began operating in 2009, and are dedicated to hearing cases relating to drug trafficking, organized crime, money laundering, and human rights abuse, among other things.

The proceedings of the High Impact Courts are highly transparent, according to Justice Yazmin Barrios, and the judges' identities are not hidden. As a result, judges frequently face defamation campaigns and intimidation by those who oppose their work. As the trial moves closer, it is very possible that we will see renewed attacks on the Court itself, the justices, and perhaps the victims or survivors of victims of the war as supporters of the defendants feel increasingly cornered.

The trial itself then, will be a huge test for the Guatemalan judicial system. A fair and impartial trial will go a long way (but certainly won't be enough) in strengthening the professionalism and independence of the judiciary. And, it could be a major step in rejecting a history that legitimizes the atrocities (including genocide) that occured in the early 1980s, offered by regime supporters and other potential beneficiaries of judicial impotence.