Thursday, November 24, 2011

House Arrest in Guatemala?

On Sunday, I noted that it is possible that upon his extradition to Panama, former military strongman Manuel Noriega might get to spend the rest of his years under house arrest. A Panamanian law allows elder convicts to fulfill their punishment under house arrest rather than prison. It doesn't look like this will be the case with Noriega as a prison bed is already prepared for him. However, I wrote that it would be a travesty should he get to spend the remaining years of his life under house arrest. 
I don't like the idea, but travesty might have been too strong a condemnation. Maybe it's because of celebrating Thanksgiving today, but I feel uncomfortable with wanting eighty- and ninety-year old men to suffer, no matter what they've done.
Well, someone in Guatemala must have heard about the Panamanian law because they are considering legislation that would allow convicts over the age of eighty to serve their remaining years under house arrest. The bill originally excluded individuals convicted of human rights violations, but at some point the clause was removed.
Human rights activists are obviously concerned that the bill is an attempt to ensure that even if high ranking officials from the early eighties are convicted of crimes against humanity and genocide, this law might ensure that they never spend a day in their life behind bars (See Oscar Mejia).
I can’t say that I am the biggest fan of letting octogenarians fulfill their prison terms under house arrest. However, at this point, I am more concerned that these men have their day in court. They should be tried for crimes related to their conduct during the war. Even if they never have to spend a day in prison, it will be something remarkable for a Guatemalan court to find them guilty of war crimes, crimes against humanity and genocide.
They could spend the rest of their lives under house arrest, but history will not absolve them. 

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