Professor Olgesby elaborated the role
played by state security forces in the
perpetration of violations against the
Guatemalan people, and how
villagers were coerced into
par ticipating in massacres in
conjunction with the army. Police
were mainly implicated in the
commission of crimes in the urban
areas.
Outlining how a considerable period of time passed without any response to the brutalities of
the period, Professor Olgesby said that the publication of the Guatemalan Truth Commission's
report provided the impetus and opportunity for activists who, invoking the principle of the
universal jurisdiction, brought the Guatemalan case before the courts in Spain. The process for
prosecution was stalled for several years but, eventually, in 2011, several high level officers were
arrested for human rights violations in Guatemala. With regard to the issue of whether the
Guatemalan Truth Commission achieved social reconciliation, Professor Olgesby stated that this
was not achieved because the nature of the transition itself was one of limited power sharing
which reflected the continued domination of the army and a government which did not accept
or assimilate the findings of the Commission's report and harboured considerable hostility
towards both the report and the Commission itself furthermore, conditions were not conducive
for reconciliation and many people in Guatemala asked: “How can we have reconciliation when
we never had conciliation?”
However, Professor Olgesby stated that a number of positive things came out of the Guatemalan
Truth Commission, such as the dignification of the victims, the willingness of the United Nations
to call and brand the atrocities a genocide, the involvement of human rights groups and the
realisation by communities that what happened to them was part of a larger national problem.
The Truth Commission not only revealed the violations that people experienced but the process
helped explain why they were targeted, thus contexualising the violations. In conclusion,
Professor Olgesby stressed that all material gathered from different stakeholders made the report
good, and although the information could not be used for judicial cases, it provided the
background context to the human rights violations for the genocide trials in Guatemala.
12
The Second International Conference on Transitional Justice in Zimbabwe
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