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Resources > Global Issues > Guatemala – Ind... > Responding to the... > The Legal Remedy

The Legal Remedy

ADIVIMA has used the law in the quest for justice.

Jesus Tecu Osorio had been an eye witness to the March 13, 1982 massacre, and in 1993 he accused three former leaders of the Xococ civil defense patrol of participating in the killing. This was a brave thing to do. But-like the exhumations-it lifted the spirits of the survivors.

It took several years to bring the case to court. Based on evidence from the exhumation and testimony from Jesus and other witnesses, the three accused men were sentenced to death. The sentence was then reduced to 50 years on appeal in October 1999, with the full agreement of the survivors. They were worried that the death penalty would create more tension between them and Xococ. In late 2000 the case was awaiting deliberation by Guatemala's Supreme Court.

More importantly-and at some risk to themselves-they are calling for the prosecution of the "intellectual authors" of the massacres, namely the army officers and soldiers stationed in Baja Verapaz who were reportedly present at the massacres.

The Rio Negro survivors are calling for the prosecution of another dozen patrolmen. More importantly-and at some risk to themselves-they are calling for the prosecution of the "intellectual authors" of the massacres, namely the army officers and soldiers stationed in Baja Verapaz who were reportedly present at the massacres.

Photo Credit: Heidi McKinnon

In 1999 Rights Action helped ADIVIMA to set up a legal clinic, known as the Bufete Juridico Popular. The Bufete staff lawyers help to file requests with the district court, press charges, file complaints about intimidation, or straighten out property disputes.

Jesus Tecu is a full-time employee of the Bufete. He spends his days driving villagers to Salama (the municipal seat of Rabinal). Here, he takes them through the procedures, and translates from Achi, the local indigenous language, into Spanish.

Pedrina described one project of the Bufete:

"The Bufete is advising people how to return to their communities. Right now, for example, there are around 200 people who were displaced from Laguna and Hacienda villages, living in Rabinal, Nimacabaj, and Palimunix. They have no money, work, or homes. They are in a worse position than the people of Rio Negro. We are working to get the government to buy land for these people, but they haven't given us a yes or no answer yet."

As well as fighting for human rights, ADIVIMA has also branched out into development work. The organization manages a carpentry shop on its property, currently employing a master carpenter and two apprentices. The shop creates and sells furniture and hopes to hire more people when it expands its market. ADIVIMA also distributes fertilizer to 20 communities in the area.

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