Guatemala is still haunted by the ghosts of war, violence, and terror from the past. The atrocities committed during the war — the murder of children, torture, amputations, and brutal violations such as the extraction of organs from living victims in front of others—continue to weigh on the national conscience. The Commission for Historical Truth (CEH) of Guatemala stated that these acts “constituted not only an extreme cruelty upon the victims but also a moral degradation of the perpetrators and those who inspired, ordered, or tolerated these actions.”[1]

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Unfortunately, several judicial officials tolerated this barbarism, which annulled any possibility of punishing these acts at the time. This fear, driven by threats and by the possibility of being killed, prevented many of the crimes from being prosecuted. However, the justice system in Guatemala has undergone significant reforms since the civil war, becoming an important reference point for other countries in Latin America.

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Despite some progress, the scars of the civil war (1960-1996) run deep. The poverty that affects 57% of the population[2] and the high inequality rates, which mainly impact indigenous communities, are direct legacies of the armed conflict, where more than 250,000 people died, 400 villages were massacred, and around one and a half million people were displaced.[3]

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The armed conflict in Guatemala officially began on November 13, 1960, sparked by a rebellion of military officers, who were defeated by the government. These dissident soldiers later formed the country’s first subversive group in a context where the Guatemalan government applied the “National Security Doctrine,” designating guerrillas, and eventually anyone who opposed the regime, as "internal enemies."

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Over time, the category of internal enemy expanded to include not only guerrillas but also social leaders, trade unionists, religious figures, and students, especially from the San Carlos of Guatemala University. The government of Romeo Lucas García (1978-1982) intensified violence, though, using fear as a tool of domination to ensure impunity for the perpetrators and destroy the social fabric of the country. This was a period in which the administration of justice collapsed, and many judges and lawyers were killed to prevent the legal protection of the victims' rights.

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During this time, the judicial system was not only unable to protect the victims but also allowed perpetrators to act with impunity. On June 30, 1982, General Efraín Ríos Montt announced the creation of “Special Jurisdiction Courts,” a measure that marked a new episode of injustices in Guatemala. These courts operated in secrecy, with faceless judges issuing swift and severe sentences and without allowing the accused a chance to defend themselves.

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These nameless courts convicted more than five hundred people and sent at least fifteen to be executed by firing squad. The trials lasted less than a month from the moment of arrest, and those convicted were not allowed to know the charges against them. The Law of the Courts of Special Jurisdiction was not repealed until August 1983, after a year of operations.

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This context reveals a tragic fact: the Guatemalan justice system, instead of protecting its citizens, was used instead as a tool to support violence and terror during the civil war. The courts were incapable of investigating, judging, or punishing those responsible for the crimes, and to this day they fail to provide effective protection to the victims.

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Although Guatemala's justice system has undergone significant reforms since the end of the war, the legacy of impunity and the instrumentalization of justice done during the war, persists. The shadow of the conflict looms large over many aspects of Guatemalan life today, including poverty, inequality, and above all, in the wariness over a justice system that for years was part of the problem rather than part of the solution. For Guatemala to achieve true justice, it is necessary to continue dismantling the structures of impunity that still exist, to open spaces for genuine accountability and to fully recognize the horrors of the past.

 

[1] Comisión de Esclarecimiento Histórico de Guatemala. (1999) Guatemala, memoria del silencio. Oficina de Servicios para proyectos de las naciones Unidas (UNOPS).

[2] The World Bank. (2017) Poverty and Inequality Platform. pip.worldbank.org/country-profiles/GTM

[3] LÓPEZ BRACAMONTE, F. M. (2021) Conflicto armado en Guatemala: reconstrucción histórica y memoria colectiva del pueblo maya chuj. https://revistas.uptc.edu.co/index.php/historia_memoria/article/download/10791/9999/43976