COMMUNIQUÉ TO PUBLIC OPINION

Guatemala, December 12, 2012. The Commission, pursuant to the founding mandate of CICIG, has the authority to "[p]romote criminal prosecutions by filing criminal complaints with the relevant authorities. The Commission may also, in accordance with this Agreement and the Code of Criminal Procedure, join a criminal proceeding as a private prosecutor (querellante adhesivo) with respect to all cases within its jurisdiction".

The International Commission against Impunity in Guatemala promotes, supports and demands policies that, for the purpose of achieving justice, must be implemented for all citizens. These policies are consistent with those of the Judiciary (OJ): impartial and independent criminal justice, and timely criminal justice with guarantees.

It must be stressed that within judicial proceedings different legal mechanisms are used by the parties, but the judges are who ultimately shoulder the responsibility of approving the use of such mechanisms on the basis of the evidence offered.

While it is true that one of the legal tools implemented by the legal counsel of accused parties has been the act of repeatedly trying to remove CICIG from cases to favor defendants, CICIG must support the Public Prosecutor's Office (MP) as a complementary prosecutor and strive to prevent it from being undermined.

The defense counsel cannot formulate actions (which CICIG has the right and duty to contest) and subsequently argue that CICIG delays proceedings.

In accordance with the Code of Criminal Procedure of Guatemala, judges are the authority that sets dates and times (i.e., the timeframe of criminal proceedings) and this is due to numerous factors linked to procedural activity.

In any case, CICIG is not the body responsible for determining the timing of proceedings.

We call upon society to demand honest information and not be deceived by false information seeking to undermine the justice that all citizens deserve.