By Fulton Armstrong and Héctor Silva
Guatemalan President Pérez Molina’s announcement two weeks ago that he would seek another two-year renewal of the Comisión Internacional Contra la Impunidad en Guatemala (CICIG) has been well received everywhere except in neighboring countries, which would benefit greatly from similar outside assistance. A broad array of leading Guatemalans have welcomed the move, as have the UN and the United States. U.S. Secretary of State Kerry said it “is a major step forward in the fight against organized crime … and will advance the goals of Guatemala and the United States as articulated in the Plan of the Alliance for Prosperity in the Northern Triangle.” First created in 2007 to support prosecutions of cases involving corruption and impunity and to strengthen the country’s judicial sector through legal reforms and training, CICIG has been renewed every two years since. Its commissioner, Colombian jurist Iván Velásquez, said CICIG “commits to the government and society to make every effort in support of Guatemala’s aspirations to consolidate institutions, to offer more analyses, to formulate proposals to strengthen institutions, to continue criminal investigations that we carry out shoulder to shoulder with the Public Ministry, and to continue building the capacity of judicial institutions.”
CICIG’s record shows that, on balance, it has made unique, positive progress to meeting Guatemala’s need for prosecution of impunity and for reform. The Washington Office on Latin America and other key observers have given CICIG high grades because, as WOLA said in a recent report, it has provided “important investigative tools for the prosecution of organized crime … [and] helped to resolve emblematic cases of corruption and it has dismantled powerful criminal networks deeply embedded in the state.” Daniel Wilkinson, managing director of the Americas division at Human Rights Watch, told the Guatemalan El Periódico that CICIG has “almost been a miracle.” While it’s made some mistakes, he said, “The surprising thing is everything that CICIG has achieved in these years” in high-profile cases. InSight Crime notes that the recent case against extortionist Byron Lima, who had suborned the head of the prison system, was impressive. InSight Crime and others also say, however, that CICIG “has proved unable to sufficiently reform the country’s judicial system.” InSight Crime reported that, despite its $12 million a year budget, the body is still struggling to train and foster an independent judiciary – that is, encouraging Guatemalan justice to work on its own.
Velásquez and his team will face tough challenges in the new mandate. There are rumors that President Pérez Molina – who previously said he wouldn’t extend CICIG under the “threat of blackmail” – intends to rein the body in, and the retrial of former dictator Ríos Montt, currently projected to be in 2017, looms on the horizon as a further test of Guatemalan resolve to deal with impunity. Nonetheless, CICIG is nearly universally seen as providing assistance that all three countries of the “Northern Triangle” of Central America need – to foment rule of law, build confidence in justice, and clean up state institutions – and it has achieved reforms when the political will was sustained. CICIG’s status as an advisory body in support of the government has enabled it to finesse the legal and political need to fully respect sovereignty. Honduran and Salvadoran leaders have made statements suggesting openness to the idea but, apparently for different reasons, don’t want independent investigators upsetting the applecart. Salvadoran President Sánchez Cerén has less to fear from examination of his administration and his predecessor’s record on impunity and organized crime, but he may be concerned that a CICIG-style unit would dangerously aggravate his opponents, who retain intimidating power through many sectors. The failure to push for CICIG to realize its full potential in Guatemala and for similar mechanisms in El Salvador and Honduras will only slow the sort of reforms the Northern Triangle needs to overcome its political, social, and economic challenges crises.
May 4, 2015