surgery. In June, the Athens Magistrates’
Court allowed a transgender man to change
his gender marker in his identification
documents without gender reassignment
surgery.
GUATEMALA
Republic of Guatemala
Head of state and government: Jimmy Morales Cabrera
(replaced Alejandro Maldonado Aguirre in January)
Smear campaigns and the misuse of the
criminal justice system to harass and
intimidate human rights defenders
continued. Defenders working on land,
territorial and environmental issues were at
particular risk. People continued to flee the
country to escape high levels of inequality
and violence. There was a landmark
decision by the High-Risk Court A in a case
concerning sexual violence and the
domestic slavery of 11 Indigenous women
during the internal armed conflict. Other
high-profile cases against former members
of the military continued to suffer setbacks
and undue delays. The Congressional
Human Rights Commission presented a bill
to abolish the death penalty.
TRANSITIONAL JUSTICE
In January, the trial of José Efraín Ríos Montt,
former President and Commander-in-Chief,
and José Mauricio Rodríguez Sánchez,
former Military Intelligence Director, on
charges of genocide and crimes against
humanity was postponed.1 In March, the trial
began before a High-Risk Court and, in May,
a Court of Appeals found in favour of the
plaintiffs’ request to be tried separately. The
Rios Montt trial had to take place behind
closed doors in light of the special provisions
adopted after it was determined that he was
mentally unfit to stand trial. Both trials
remained stalled at the end of the year.
Five former members of the military,
including Benedicto Lucas García, former
head of the High Command of the
Guatemalan Army, were charged in relation
Amnesty International Report 2016/17
to the illegal detention, torture and sexual
violence committed against Emma
Guadalupe Molina Theissen, and the
enforced disappearance of Marco Antonio
Molina Theissen. According to local NGOs,
several hearings were suspended and the
judiciary imposed restrictions and
requirements on the victim’s family and the
general public. Members of the Molina
Theissen family were subjected to
harassment, including online. Women family
members faced particular forms of genderbased violence, including harassment
and vilification.
In a landmark decision by the High-Risk
Court A in February, two former military
officials were found guilty of crimes against
humanity for the sexual and domestic
enslavement of and the sexual violence
against 11 Indigenous Maya Q’eqchi’ women.
The crimes took place in the military base
located in the community of Sepur Zarco
during the internal armed conflict.2
In June, High-Risk Court A ruled that eight
former members of the military should face
trial on charges related to cases of enforced
disappearances and unlawful killings carried
out in a military base now known as
Creompaz in the northern Alta Verapaz
region.3 Relatives of the victims were the
targets of online harassment, intimidation
inside and outside the courtroom,
surveillance and threats.
Civil society organizations continued to
push for the approval of Law 3590, which
would create a National Commission for the
Search for Victims of Enforced
Disappearance and Other Forms of
Disappearance. The law, which was first
presented before Congress in 2006, had not
been discussed by the end of 2016.
HUMAN RIGHTS DEFENDERS
Human rights defenders faced continuing
threats, stigmatization, intimidation and
attacks. According to the NGO UDEFEGUA,
14 human rights defenders were killed. The
environmental human rights defenders were
the group who faced the highest number of
attacks. Defenders of the land, territory and
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