NEWS ARCHIVE
Landmark judgment in Guatemalan forced disappearance case
11/09/2009 - On the 7 September, a criminal court in the Chimaltenango region handed down its judgment in the first case of enforced disappearance to be brought before a Guatemalan tribunal.In the landmark decision, Military Commissioner Felipe Cusanero was sentenced to 150 years in prison for the crime of enforced disappearance of six members of the Choatulum indigenous community between 1982 and 1984. The court based its judgment primarily on testimonial evidence provided by eye-witnesses, and on contextual evidence provided by the 1999 report of the Historical Clarification Commission (CEH), as well as various reports of the Inter-American Commission. The court also referred in numerous parts of its judgment to the victims' right to the truth, citing international conventions and jurisprudence.
The UN-backed CEH estimated more than ten years ago that the state was responsible for 93% of the 200,000 deaths and disappearances perpetrated in the country’s internal armed confrontation; the Cusanero judgment represents the first time a perpetrator of enforced disappearance has been brought to justice in Guatemala.