Challenges to Justice at Home: The Domestic Prosecution of Efrain Rios Montt

Abstract

In March 2013, at the age of 89, Efraín Ríos Montt became the first former head of state to ever be convicted of genocide by a national tribunal. After prior failed attempts to try him for this crime, his conviction to 80 years in prison was hailed as a victory both in Guatemala and abroad. Just ten days later, Guatemala’s Constitutional Court annulled the verdict and ordered a second trial. Having since been deemed mentally unfit to stand for trial, he will be tried in a closed quarters special proceeding in January 2016, but if found guilty, will not be sentenced. This article explains why Guatemalan national courts tried the case against Ríos Montt, and discusses the historical factors that led to the trial, questioning whether they are replicable in other countries. It argues that the necessary elements for a successful implementation of that conviction were present in Guatemala, but suggests that the political climate was inadequately negotiated in order to prevent the subsequent annulment of the verdict.