Former Guatemalan dictator Efrain Rios Montt may collapse after the genocide trial, defense and prosecution lawyers said on Tuesday that the country's top court struck down his conviction.
Rios Montt on May 10 was sentenced to 80 years in prison for genocide and crimes against humanity, conviction hailed as many as 250,000 people were killed in the 1960-1996 civil war in the Central American country of Justice is a milestone.
Rios Montt, aged 86, came to power in a coup in 1982 after being accused of implementing a scorched earth policy troops massacred thousands of indigenous villagers believe is helping leftist rebels.
Guatemalan Constitutional Court ordered the proceedings to be set aside on Monday, back to April 19, a jurisdictional dispute, the judge, and some broke out between the alleged breach of appeal in the case to the court.
If the court proceedings verification, retired generals will be handed a new set of judges. The present case, into a tangle of red tape.
Guatemalan Attorney General's Office said that respect for the court's decision, but did not agree.
"We believe that the Court's resolution solution, there is no appeal ...... at that time point, it said in a statement."
Rios Montt, during the Cold War conflicts plaguing one of Latin America's most divisive leaders, the collapse of the trial would make it just another statistic in Guatemala Byzantine and weak judicial system in history.
The Constitutional Court said the trial's start date in March 19 to April 18 are still standing between the evidence submitted, but a series of legal details may eliminate those lawsuits, lawyers said.
"Do not say, they are thrown out," the plaintiff and human rights lawyer Hector Reyes told Reuters reporter said. "There is no appeal process their decisions."
Endless Appeal
Defence lawyers have proposed a variety of the Constitutional Court bans since Rios Montt was sentenced. They claimed that he was guilty violation of due process and procedural errors committed three-judge panel.
An irregular defense lawyer Francisco - Garcia, who won the appeal, readmission to the April situation. Garcia was thrown out when the trial began repeated attempts, two or three presiding judge avoided.
When Garcia recovered, he tried again to replace judges, but they rejected his bid circumstances.
High Court said it had suspended the trial judge should avoid trying until it is formally resolved. Counsel argues that this would mean the withdrawal of the Court of Appeal sent, and then wait for the Constitutional Court approved, this process may take several months.
However, the Guatemalan law, the trial can only suspend all hearings before the 10 working days annulled and procedures must be repeated.
Lawyers say, even evasive solution 10 days ago, the court handed down the sentence can not be repeated hearings, because it has been the verdict.
"Specifically, this trial not only been suspended since April 19, it will likely have to start a separate court," defense lawyer Lin told Reuters reporters.
"I want to separate the court will begin trial within a day to hear everything, and develop their own decisions, relevant evidence."
In Latin America, Washington, DC office, human rights groups, project director, said Jeff Tall, legal technicalities should not be allowed to undermine due process in Guatemala.
"Endless appeals, shopping-friendly judges, and to seek to defer judgment and sentencing those who seek to avoid the classic technique of justice in Guatemala," he said, after the decision of the Constitutional Court, in a statement.
Nearly 100 survivors of war to testify at the trial, about the rape, torture and arson, they endured under the rules of Rios Montt 1982-83. His conviction stems from Ixil genocide of indigenous groups in a military attack on his watch, at least 1,771 members of the dead.
Rios Montt in prison for two nights, and then was transferred to the military hospital.
 
 



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