his immunity and was arrested. It took a year for the trial to start, and I was an expert witness in the
trial. Rio was convicted but 10 days later the conviction was barricaded by another court on
procedural grounds and the case may have to be repeated at the same time with other cases that
are coming forward pretty quickly.
There were discoveries of various state archives –a huge cache amounting to nearly five million
documents from a police archive dating back to the 1800s, but definitely covering the period of
urban repression and the latter part of the 20th century, was discovered a few years ago. Human
rights activists have been working very hard to preserve and catalog these documents. This has
started to bear fruit in terms of prosecutions and also in terms of finding out what happened to
some of the disappeared.
So what do we get from Guatemala’s TC? Do we get some form of social reconciliation? I would
have to say NO in the case of Guatemala when I look at the title of this panel in terms of promoting
peace and reconciliation with perpetrators, because there was very little of that in the Guatemala
case. The nature of the transition itself does not represent enough power sharing but reflects
domination by the army itself. The government also never really accepted or assimilated the
findings of the Report. So what exists is a kind of a hostile state towards the Truth Commission.
Conditions in most areas were not conducive for reconciliation. You had in some areas victims
and perpetrators still living together under conditions of a general dearth of prosecutions
against perpetrators. There are also lots of grey areas, which are not being addressed, for instance,
there are members of the civil patrol who were both victims and perpetrators. This complicated
things. Many people in Guatemala would say “how could we have reconciliation, we never had
conciliation”. In other words we don’t have a traditional harmonious society that we can look back
to. The cleavages in our society are very profound.
But I do believe there are some good things that came out of the Guatemala TC in terms of
dignification for the victims. The willingness of the UN to call this process and brand it a genocide,
the involvement of human rights groups and, in communities, the realisation that what had
happened to them was part of a larger national problem. So it had the effect of de-privatisation of
guilt.
The TC also helped not only to reveal the violations that people experienced, but the process also
helped explain why they were targeted, what we call contextualisation of violations. So there
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The Second International Conference on Transitional Justice in Zimbabwe
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