Almudena Bernabeu | |
---|---|
Born | Spain |
Education | University of Valencia |
Occupation | Lawyer |
Awards | Letelier-Moffitt Human Rights Award (2015) |
Website | https://g37chambers.com |
Almudena Bernabeu is an international attorney, writer and co-founder and director of Guernica37 International Justice Chambers, [1] Almudena Bernabeu was the director of the Transitional Justice Program at the Center for Justice and Accountability (CJA) until 2017. [2] She is the winner of the 2015 Letelier-Moffitt Human Rights Award. [3]
Originally trained in her home country of Spain, Bernabeu holds her LLM degree from the University of Valencia School of Law and is a member of the Valencia and Madrid bar associations, as well as the American Bar Association. [4] Bernabeu is credited with success in more than a dozen high-profile human rights cases, including the Guatemalan genocide case crucial to the recent trial of former president Efraín Ríos Montt. [5]
As transitional justice director at the U.S.-based organization Center for Justice & Accountability, Ms. Bernabeu successfully litigated more than a dozen civil cases brought under the Alien Tort Statute and criminal cases in Europe under the Principle of Universal Jurisdiction to assist victims to achieve truth and accountability for international crimes.
Bernabeu has worked in Colombia since 2010, when she filed a lawsuit against former paramilitary member Carlos Mario Jiménez alias "Macaco" — extradited to the United States — for the assassination of attorney Alma Rosa Jaramillo and popular leader Eduardo Estrada. Bernabeu was actively involved in the Justicia y Paz process and, at present, she is at the centre of the truth and justice efforts designed in the 2016 Peace Accord, providing legal and technical guidance to both transitional institutions as well as afro-descendant, indigenous and peasant organizations from Colombia's rural areas. As a result of this process, in June 2019, ethnic communities of Buenaventura and Northern Cauca filed four legal reports on crimes against humanity committed in their regions before the Special Jurisdiction for Peace (JEP) and the Truth Commission (CEV); a landmark event seeking to guarantee the effective participation of these victims before Colombian transitional mechanisms. Nowadays, Almudena's team is working with victim's organizations of Montes de María and Putumayo to file detailed legal reports on crimes against humanity committed in the regions before the JEP and CEV. Under Bernabeu's leadership, the Guernica Centre has signed memorandums of understanding with the JEP and the CEV and built long-term alliances with academic institutions, such as the Intercultural Studies Institute of the University Javeriana of Cali, to adopt a multidisciplinary and ethnic approach to her investigations.
In Chile, Bernabeu investigated and provided essential evidence to secure a civil judgment against Pedro Barrientos Nuñez, a former lieutenant in the Chilean Military responsible for the torture and murder of the popular singer Víctor Jara.
Meanwhile, in Guatemala, Bernabeu led the investigation and prosecution of the genocide committed against the Mayan people. In 2011 this important case was the subject of the documentary film Granito: How to Nail a Dictator. [6] The process before the Spanish National Court provided the victims the opportunity to tell their stories and present their "truth" about one of the darkest chapters in recent Guatemalan history. This investigation was instrumental in the conviction of the former Guatemalan dictator Efraín Rios Montt for genocide. [7]
Since 2003, Bernabeu was also the lead prosecutor in the case against Salvadoran officials for the massacre of Jesuit priests in 1989. In that incident, armed members of El Salvador's army, following Salvadoran Military High Command orders, burst into the Jesuit residence at the Universidad Centroamericana in San Salvador and executed six Jesuit priests, a housekeeper and her daughter. An attack that marked a turning point in El Salvador's conflict. As a result of these investigations, a U.S. Court approved the extradition of Colonel Inocente Orlando Montano to Spain to face trial before the Spanish National Court, a trial that took place last June and July 2020 and ended with the defendant being sentenced to 133 years in prison for five crimes of terrorist murders. Bernabeu led the private prosecution of this case, while working with Salvadoran civil society to foster and strength with its accountability initiatives in the country. Among these initiatives, Bernabeu is collaborating with a victims' organization to actively support for the Salvadoran State's compliance with the Supreme Court's ruling on the unconstitutionality of the Amnesty Law (2016). Also, Bernabeu is providing technical assistance for the prosecution of crimes to the Office of the Prosecutor General in El Salvador. [8] [9]
Bernabeu's work was instrumental in securing the 2015 deportation from Florida to El Salvador of Carlos Eugenio Vides Casanova, a former defense minister implicated in "extrajudicial killing and torture" during the Salvadoran Civil War of 1980-1992, according to U.S. Immigration and Customs Enforcement. [3] [10] Another achievement by Almudena Bernabeu was bringing to justice the case of those responsible for the genocide of the Mayan people in Guatemala. The case was put before the Spanish National Court. One of the accused was Efraín Rios Montt, former dictator of Guatemala. [11]
The team of lawyers working at G37 Despacho Internacional, together with its London partner Guernica37 International Justice Chambers, have investigated international crimes committed in Syria since March 2011, at the behest of victims' families, in order to achieve accountability and promote a processes of transitional justice, after the end of hostilities.
On 31 January 2017, and as result of these investigations, G37 Despacho Internacional filed a complaint before the Spanish National Court against members of Syrian security forces and military intelligence on the basis of their alleged responsibility for the commission of a crime of State terrorism. [12] The complainant -the sister of a Syrian citizen arbitrarily detained, tortured and executed in a detention centre in Damascus- is a victim of Spanish nationality. [13]
Since February 2019, Bernabeu's team has worked alongside Nicaraguan organizations to create and develop an alliance called ‘Coalition for Justice in Nicaragua' (CJN), aimed at starting investigations and accountability processes in order to promote changes and transformations that strengthen the rule of law in the country, especially after the brutal repression of 2018's demonstrations by State security forces.
In her acceptance of the 2015 Letelier-Moffitt Human Rights Award, Bernabeu explained her passion for bringing human rights violators to justice:
"I don't want to take care of the poor or those who have been tortured or those who have been abused ... I want this stupid world to stop abusing people ... . I want to help the person whose child was disappeared — of course. But my strongest sense of who I am, if I want to be super-honest, is, how can I fight and tell the world that this [expletive] was actually ordering these disappearances and getting rid of these 18-year-old students?" [3]
Bernabeu has received several other awards for her international human rights work.
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence. Rooted in the belief that certain offenses are universally morally reprehensible and that they threaten the international community as a whole, universal jurisdiction holds that such acts are beyond the scope of any single nation's laws. Instead, these crimes are considered to violate norms owed to the global community and fundamental principles of international law, making them prosecutable in any court that invokes this principle.
José Efraín Ríos Montt was a Guatemalan military officer, politician, and dictator who served as de facto President of Guatemala from 1982 to 1983. His brief tenure as chief executive was one of the bloodiest periods in the long-running Guatemalan Civil War. Ríos Montt's counter-insurgency strategies significantly weakened the Marxist guerrillas organized under the umbrella of the Guatemalan National Revolutionary Unity (URNG) while also leading to accusations of war crimes and genocide perpetrated by the Guatemalan Army under his leadership.
Kʼicheʼ are Indigenous peoples of the Americas and are one of the Maya peoples. The eponymous Kʼicheʼ language is a Mesoamerican language in the Mayan language family. The highland Kʼicheʼ states in the pre-Columbian era are associated with the ancient Maya civilization, and reached the peak of their power and influence during the Mayan Postclassic period.
In 1994 Guatemala's Commission for Historical Clarification - La Comisión para el Esclarecimiento Histórico (CEH) - was created as a response to the thousands of atrocities and human rights violations committed during the decades long civil war that began in 1962 and ended in the late 1990s with United Nations-facilitated peace accords. The commission operated under a two-year mandate, from 1997 to 1999, and employed three commissioners: one Guatemalan man, one male non-national, and one Mayan woman. The mandate of the commission was not to judge but to clarify the past with "objectivity, equity and impartiality."
The Salvadoran Civil War was a twelve-year civil war in El Salvador that was fought between the government of El Salvador, backed by the United States, and the Farabundo Martí National Liberation Front (FMLN), a coalition of left-wing guerilla groups backed by the Cuban regime of Fidel Castro as well as the Soviet Union. A coup on 15 October 1979 followed by government killings of anti-coup protesters is widely seen as the start of civil war. The war did not formally end until after the collapse of the Soviet Union, when, on 16 January 1992 the Chapultepec Peace Accords were signed in Mexico City.
José Guillermo García is a former general of the military of El Salvador and was minister of defense of the Revolutionary Government Junta of El Salvador between the years 1979 and 1983.
Otto Fernando Pérez Molina is a Guatemalan politician and retired general who served as the 48th president of Guatemala from 2012 to 2015. Standing as the Patriotic Party candidate, he lost the 2007 presidential election but prevailed in the 2011 presidential election. During the 1990s, before entering politics, he served as Director of Military Intelligence, Presidential Chief of Staff under President Ramiro de León Carpio, and as the chief representative of the military for the Guatemalan Peace Accords. On being elected President, he called for the legalization of drugs.
The National Guard was the national gendarmerie of El Salvador.
The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases against individual rights violators before U.S. and Spanish courts. CJA has pioneered the use of civil litigation in the United States as a means of redress for survivors from around the world.
Juan Rafael Bustillo is a former general and chief of the Air Force of El Salvador who is accused of planning the murder of six Jesuit priests, a housekeeper and her daughter at the Universidad Centroamericana "José Simeón Cañas" (UCA) in El Salvador on November 16, 1989.
The Guatemalan genocide, also referred to as the Maya genocide, or the Silent Holocaust, was the mass killing of the Maya Indigenous people during the Guatemalan Civil War (1960–1996) by successive Guatemalan military governments that first took power following the CIA instigated 1954 Guatemalan coup d'état. Massacres, forced disappearances, torture and summary executions of guerrillas and especially civilians at the hands of security forces had been widespread since 1965, and was a longstanding policy of the military regime. Human Rights Watch (HRW) has documented "extraordinarily cruel" actions by the armed forces, mostly against civilians.
Reed Brody is a Hungarian-American human rights lawyer and prosecutor. He specializes in helping victims pursue abusive leaders for atrocities, and has gained fame as the "Dictator Hunter." He served as counsel for the victims in the case of the exiled former dictator of Chad, Hissène Habré, who was convicted of crimes against humanity in Senegal. Brody has also worked with the victims of Augusto Pinochet and Jean-Claude “Baby Doc” Duvalier. He currently works with victims of the former dictator of Gambia, Yahya Jammeh, is a lawyer for the ousted president of Niger Mohamed Bazoum and is a member of the United Nations Group of Human Rights Experts on Nicaragua. He is the author of several books, including To Catch a Dictator: The Pursuit and Trial of Hissène Habré (2022).
In July 2005, in an abandoned warehouse in downtown Guatemala City, Guatemala, delegates from the country's Institution of the Procurator for Human Rights uncovered, by sheer chance, a vast archive detailing the history of the defunct National Police and its role in the Guatemalan Civil War. Over five rooms full of files containing names, address, identity documents, were brought to light.
Claudia Paz y Paz Bailey is a Guatemalan attorney who served as the first female attorney general of Guatemala, from 2010 to 2014. A former judge and litigator, Paz y Paz made unprecedented strides in the prosecution of organized crime, corruption, and human rights violations.
Iris Yassmin Barrios Aguilar is a judge and the president of one of Guatemala’s two High Risk Court Tribunals. She was the presiding judge in the case of Efraín Ríos Montt, a former dictator of Guatemala. In that trial Montt was found guilty of the genocide of indigenous Ixil Mayans; the verdict came in 2013. The trial was the first time a national judiciary tried a former head of state for genocide in his home country. However, on May 20, 2013, the Constitutional Court of Guatemala overturned the conviction, voiding all proceedings back to April 19 and ordering that the trial be "reset" to that point, pending a dispute over the recusal of judges. Officials have said that Ríos Montt's trial will resume in January 2015.
Mario Enrique Ríos Montt, C.M. is an emeritus auxiliary bishop of the Roman Catholic Archdiocese of Guatemala, public figure and human rights activist. He is the brother of the late former general Efraín Ríos Montt, a dictator accused of genocide in Guatemala during the period when he was in power from March 1982 to August 1983.
Human rights is an issue in Guatemala. The establishment of the International Commission against Impunity in Guatemala has helped the Attorney General prosecute extrajudicial killings and corruption. There remains widespread impunity for abusers from the Guatemalan Civil War, which ran from 1960 to 1996, and Human Rights Watch considers threats and violence against unionists, journalists and lawyers a major concern.
The following lists events in the year 2018 in Guatemala.
Renata Ávila Pinto is a Guatemalan attorney and activist specializing in technology and intellectual property. She is a spokesperson and part of the team that defends Julian Assange and WikiLeaks, under the direction of Baltasar Garzón. Since October 2021 she has been the CEO of the UK-based Open Knowledge Foundation.
Arce v. García, 434 F.3d 1254, is a landmark Eleventh Circuit case brought by three Salvadoran plaintiffs under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA). These claims were brought under the doctrine of command responsibility against two high-ranking Salvadoran military personnel who ordered and carried out grave human rights abuses over the course of the country’s twelve year civil war.