Guatemalan Justice
Posted on January 11, 2010 - Filed Under Guatemala | 6 Comments
When you live in Guatemala for a while, you get used to the way things are done. You learn to buy strawberries by the pound, limes by the hand, and bananas by the stack. You learn to live with the fact that someone telling you your gas will be there in ten minutes probably means you’ll get it in 1-8 hours, that the mechanic you paid to completely check your car over will probably miss at least ten vital things, and prices are not fixed and go higher if you’re white, lower if you’re able to joke in Spanish and even lower if you start chatting about having children with a Guatemalan. But some things, you only hear about . . . like the Guatemalan legal system.
Thankfully, I’ve never had anything to do with lawyers, judges and cops (except when they pull me over, eye me suspiciously and ask where I’m from before giving me a warning not to drive with an expired license and send me on my way). But recently, our maid came to work and told me that she was very worried because her husband was being accused of murder.
Now, I know her husband and he’s the kind of person who wouldn’t hurt a fly, much less a human being. He works as a guard at the local market, from 6pm-6am and the other day, there was a shooting near the market. Exactly what happened is a little fuzzy, probably more due to Spanish being my second language than lack of facts.
Basically, there was a robbery by the Guate buses. A man was shot. He lived for 4 days, but Luis (my maid’s husband) was said to be the shooter. According to the victim’s (who appears to also have been the one committing the robbery) brother, the victim had said that the shooter came from San Cristobal. Now these guys are actually related somehow, so it didn’t make sense that he didn’t actually name Luis if it was him, but that’s beside the point. The victim’s family was apparently quite upset and when he died, Luis was summoned to the police station to be interrogated. Terrified, my maid called her brother who called a friend who is a lawyer and the three of them accompanied Luis to the police station where the interrogation consisted of the other family screaming at Luis and demanding that he be put in prison immediately. The investigator was in agreement.
Fortunately, the lawyer stepped in at this point and reminded them that they had absolutely nothing to go on apart from the brother claiming that it was Luis, though he hadn’t even been in the area at the time of the shooting. Luis had witnesses (his partner in the market, as well as other guards) that he had been IN the market at the time of crime.
Finally, Luis was allowed to go, after the brother had sworn (in front of the investigating officer) to kill him . . . a slow and painful death. Shortly afterwards, the lawyer examined the paper that they had been given as a summons and told them that it was totally illegal . . . handwritten with no signature. In fact, they shouldn’t have gone to the police station at all! We began to suspect that this was all done for money, if the lawyer hadn’t been there, it’s possible they would have offered Luis a “deal” to keep him out of prison.
They were summoned, legally, this time, to appear before a judge last Friday. My maid asked my advice, saying that they didn’t want to pay for the lawyer and saying that she was terrified her husband was going to be killed. I suggested she get a restraining order against the guy who placed the death threat so it would at least be on record should anything happen and advised her to get the lawyer, since these guys were obviously playing dirty. Luis arranged to pay the lawyer in monthly payments and on Friday, they headed to court.
As they waited for the judge, the victim’s family attempted to convince Luis that only he could go in, no lawyers or family allowed. When the judge showed, he of course let everyone in.
So they all went in and the family started hurling accusations and demanding that Luis be incarcelated. The judge made them shut up and asked for proof. Their proof? “We saw someone in a Municipal uniform.” There were about 50 guys in that uniform that night so the judge said that wasn’t proof. They had NOTHING else.
Then Luis’ lawyer presented the evidence that they had that the entire thing had been done illegally, with them making Luis come to the police station and the judge turned on the victim’s family and the investigator and told them that this was completely illegal and that the investigator was going to lose his job for it! They also presented the death threats that the brother had made against them and the restraining order they got against him and the judge gave them another restraining order and put it on record that if anything at all happens to Luis or his family, this family is considered responsible before anyone else.
According to the maid, the victim’s mother burst into tears and said that in her pain, they had to do something and they HAD to lock Luis up because she couldn’t live unless someone paid for her son’s death. The judge looked at her and said, “What are you saying? That it doesn’t matter WHO pays?” She got quiet and he asked, “Are you saying that this man DID NOT kill your son?”
And she confessed to having made the whole thing up!! They knew who had done it and he’d left town, so she wanted someone to pay, or so she said. The judge threatened to have the victim’s mother and brother put in prison right then and there, but Luis didn’t press charges. However, there is now paperwork against the family saying that if anything at all happens to Luis of a suspicious nature, they are on the hook.
Moral of the story: Don’t go ANYWHERE unless you know why, have been properly cited and have a good backup system with legal help.
Comments
6 Responses to “Guatemalan Justice”
Talk to Me, People!
I had some Guate friends in B.C. who told me something important prior to my coming here. They said that I shouldn’t have any problems living here as long as I didn’t get involved with lawyers or the “justice system”, police, or politics. This is REALLY good advice. Don’t get involved, because, through no fault of your own, you will lose, and lose big time. Just something to tuck in the back of your head.
Very, very good advice!
That’s insane! Thankfully the judge have good sense though. The poor woman…I can’t imagine how scared I’d feel if my man was accused of murder. (Actually, I’d get into murderous rage, not a good thing I guess?). Are you still driving around with expired license??? You’re a riot! Hahahahah!
Well, I can’t get a new one . . . Canada won’t have me, Guatemala won’t have me, lol.
What a crazy story! My goodness! I am glad that your maid’s husband had a good lawyer.
Hmm. No license? I don’t think you can get an international drivers license without a domestic license. owell!
Yeah, that’s kind of my problem.
I am looking into getting a mexican license instead, since supposedly they are easier to get and they will give them to foreigners. If I’d thought ahead, I would have grabbed a Guatemalan one back when they still let non-nationals get them!