REPORT ON THE FIFTH YEAR OF ACTIVITIES

Guatemala, September 11, 2012. Today, Francisco Javier Dall’Anese Ruiz, head of the International Commission against Impunity in Guatemala (CICIG), presented the fifth report on the activities of the Commission. The report emphasizes that 207 people have been brought before the courts through joint efforts undertaken with the Public Prosecutor’s Office (MP) and the Ministry of the Interior. Furthermore, it highlights other areas of cooperation such as the support offered in investigations and judicial proceedings, the legal and institutional reforms advanced, the technical assistance provided and the institutional strengthening.

The Commissioner was joined at the head table by Otto Pérez Molina, President of the Republic; Thelma Aldana Hernández, President of the Judiciary (OJ); Claudia Paz y Paz Bailey, Attorney General and Head of the Public Prosecutor’s Office; and René Mauricio Valdés, Resident Coordinator of the United Nations System in Guatemala. Representatives of the Government of Guatemala, the Guatemalan diplomatic corps and civil society also attended the event.

The head of CICIG affirmed that the 207 people subjected to proceedings could be classified as follows:

• 1 former president of Guatemala
• 1 former director of the Secretariat of Administrative and Security Affairs (SAAS)
• 6 former state ministers
• 12 officials (vice-ministers, advisors, etc.)
• 5 former directors of the National Civil Police (PNC)
• 52 police chiefs and officers of the National Civil Police (PNC)
• 12 army officials
• 1 former attorney general of the Public Prosecutor’s Office (MP)
• 4 officials of Public Prosecutor’s Office (MP)
• 6 judges of the Republic
• 32 other state officials
• 3 municipal authorities
• 25 businessmen
• 47 drug traffickers

Furthermore, 2,361 complaints have been received by CICIG, 289 investigations are currently open, 55 investigations are active, the Commission participates in 21 cases as a complementary prosecutor, 17 sentences have been passed down, 70 people have been sentenced, 9 processes have been held to lift immunity, 612 steps have been implemented to support judicial searches of premises and support has been offered in relation to 259 arrest warrants.

CICIG has also supported legal and institutional reforms, assisted with institutional strengthening and provided technical support to the Public Prosecutor’s Office, the Judiciary (OJ), the National Civil Police (PNC), the Office of the Comptroller General and the Superintendence of Tax Administration.

Furthermore, CICIG has cooperated by offering training to staff from the Public Prosecutor’s Office (MP) and the National Civil Police (PNC) covering topics such as interview and questioning techniques, criminal investigation and prosecution of the crime, human trafficking, extradition and international assistance, to name but a few.

The Commissioner stated that within the justice system there is "a small group of judges who—through their unworthy sentences—tarnish the judicial branch by flirting with organized crime, corrupt individuals and those who launder money". He added that a report titled The Impunity Judges will soon be widely circulated both nationally and internationally "in order to etch in stone the names of those persons who committed malfeasance to favor organized crime, corruption and impunity".

He further added that the report that will be handed over to the Attorney General is based on public documents constituting physical evidence: "We strive to increase citizen awareness of the need to conduct a 'shakedown' of the Judiciary. A public opinion poll showed that 80 % of respondents want to see a true 'shakedown'."

According to the Commissioner, contrary to what some bands who thrive on rumors may profess, CICIG has submitted 398 accountability reports to the United Nations, the Guatemalan authorities and people, and the diplomatic corps of Guatemala. On September 6, the Commissioner reiterated this in New York before the United Nations Department of Political Affairs and ambassadors of CICIG donor countries.

He underlined that in August 2010, CICIG recommended that the State of Guatemala be structured on the following foundations: elite prosecutor offices; an office of foreign affairs of the Public Prosecutor’s Office to exchange information in real time; a protection system for victims and witnesses; a force of forensic police for criminal investigations; a platform of police information; special investigation methods, particularly telephone tapping with judicial guarantees; and independent judges.

The Commissioner reiterated that CICIG would continue to tackle impunity in Guatemala, even though it may displease some sectors of society. "Mr. President and Guatemalan authorities, when we pursue a crime, especially organized crime and corruption, it is as if the target were the Lernaean Hydra, a monster of Greek mythology whose multi-headed body struck fear into all. For every head removed, two would regenerate. Every attack created a more powerful Hydra. However, in the second of “the twelve labors”, through a mix of determination and intelligence, Heracles managed to defeat Hydra [...]. You, the heads of Government and the institutions, demonstrate clear awareness of this problem. With a strengthening of this coordination, victory will be guaranteed and CICIG longs to be part of this success."

Backing
Otto Pérez Molina, President of Guatemala, reiterated in his statement that the Government supports CICIG’s work and, therefore, he emphasized that last week a high-level government delegation—led by Vice-President Roxana Baldetti—requested that CICIG stay in Guatemala for two additional years so that the transfer of capacities and the strengthening of justice institutions can continue.

"The work to fight impunity and the clandestine networks that operate in the country is not just the responsibility of the Commissioner, but rather all Guatemalans. The Commissioner presented us with a road map outlining very specific and clear goals that aim to address all our needs in the fight against organized crime and impunity. Therefore, it is necessary that it continues with its efforts in our country," he stated.

The President confirmed that the New York delegation made its trip to express to the donor countries and UN officials that the Government of Guatemala is willing to fight hand in hand with CICIG to tackle the high levels of impunity in Guatemala and to create prompt and fair justice. "Regardless of the positions held previously or currently, justice is the same for all Guatemalans: those who break the law or commit a crime must be held to answer in the courts," he stressed.

The President stated that all three branches of the State and the Guatemalan people are responsible for justice, and he thanked the CICIG for its part in the fight against impunity. He assured that if the Commission's mandate were to be extended, there would be greater accomplishments than those achieved to date.

Progress
Claudia Paz y Paz, Attorney General of Guatemala, affirmed that, in its five years of activities, CICIG has made significant progress in the fight against impunity. However, she did acknowledge that there are still outstanding problems as far as the Guatemalan justice system is concerned. She added: "Strengthening the judicial system and inter-institutional coordination has created opportunities to hold serious discussions and implement actions to identify which areas need to be changed and given order."

Whilst referring to the progress made, the Attorney General stated that the Commission has undertaken arduous efforts to reduce impunity: "With the support of the Ministry of the Interior and CICIG, it has been possible to fight networks linked to corruption, extra-judicial killings, drug trafficking and human trafficking, in particular the illegal adoption of children."

Paz y Paz manifested that the transfer of capacities to the Public Prosecutor’s Office is an additional achievement, as demonstrated by the training given to 30 members of the Unit of Criminal Analysis. Furthermore, the creation of the Financial Analysis Unit and the Risk Analysis Unit is underway; the former will offer crucial support in the fight against corruption and money laundering.

"The support of CICIG has also made it possible to strengthen the Witness Protection Office, leading to one-third of protected witnesses recovering their lives and, at present, 60 % of applications to join the program are approved," she added.