Guatemala: Corruption Within Judiciary Threatens Fight Against Impunity

By Ricardo Zamora
Impunity Watch Reporter, South America Desk

GUATEMALA CITY, Guatemala – The International Commission Against Impunity in Guatemala (CICIG), set up as a joint venture panel between Guatemala and the United Nations to prosecute corrupt officials, could be in jeopardy. The last few weeks reveal that not even the well-intentioned are completely free from political pressures. Escalating pressures within the panel have led its chief, Carlos Castresana, to resign and have resulted in the removal from office of the attorney general, Conrado Reyes.

Problems began in May when the then-new attorney general, Reyes, began to remove prosecutors and investigators working with the CICIG. On June 7, Castresana objected to Reyes’ actions, asserting that Reyes was tied to organized crime — assertions which Reyes denies. Nevertheless, Castresana resigned immediately.

Less than one week later, the Guatemalan high court removed Reyes from office, albeit on the basis that the procedures followed by President Alvaro Colom in selecting Reyes for office had not followed the law. As it turned out, both positions are crucial for the CICIG to work but were both empty.

The UN provided some hope for the project by quickly appointing Francisco Dall’Anese of Costa Rica as the new director of the Panel. Mr. Dall’Anese, as attorney general in Costa Rica, led corruption investigations of two former presidents.

Many Guatemalans believe that the commission is the only bulwark against entrenched power. For this reason, the government remains worried as it continues to struggle to find a replacement attorney general and is concerned as to who will ultimately be picked. The CICIG is clearly having an impact against corruption but the internal strife shows how vulnerable it, itself, is to the same.

Guatemalans believe that no place or person in Guatemala is safe from entrenched power. Two years ago when Vinicio Gomez, the Guatemalan Interior Minister, began investigating drug trafficking, he started receiving death threats. A short time later, his helicopter crashed, killing him. Alba Trejo, Gomez’s widow, has appealed to the CICIG to hear his case. Although in an unofficial capacity, Mr. Castresana nevertheless attended the news conference to support Ms. Trejo and to support Mr. Gomez’s case.

Several similar deaths and killing await investigation but any enquiries remain in limbo as the CICIC muscles its way back onto its feet. Its casework includes other cases of government corruption going back years in Guatemala’s history.

Several former officials, from Defense Ministry officials to ex-President Alfonso Portillo, are accused of embezzlement. Others, such as former police chiefs, are in jail facing drug-related charges whilst still another is charged with running and extortion and hit squad.

Castresana reported that in 2009, only 230 of 6,451 killings were resolved. The fight against impunity in Guatemala remains an enormous job for the CICIG and people like Carlos Castresana.

Nineth Montenegro, an influential congresswoman, stated that “we have a police force that is penetrated… a prosecutor general’s office that is penetrated [and] a president who appears not to see anything.” She added, “In Guatemala, we never know who we are talking to. I have to believe in someone, and I believe in him, in Carlos.”

For more information, please see:

New York Times – Political Struggle Strains Guatemala’s Justice System – 3 July 2010

Americas Quarterly – New CICIG Commissioner Selected in Guatemala – 2 July 2010

Guatemala Times – Carlos Castresana, UN Commissioner Against Impunity in Guatemala Resigns – 8 June 2010

Author: Impunity Watch Archive