Guatemala, March 20, 2012. At the recent forum titled "Breaking the wall of impunity: challenges and obstacles", Navi Pillay, United Nations High Commissioner for Human Rights, stressed the importance of independent judges in guaranteeing the appropriate enforcement of the law in Guatemala.
"Judicial independence is one of the central pillars in a democratic system, it should not be construed as a license for judges to work without control mechanisms, democratic processes of accountability and public scrutiny," declared Pillay.
According to the High Commissioner, when a judge decides a case in an arbitrary manner, it directly affects the rule of law, the legitimacy and confidence in the justice system and the image of judges who fulfill their duties with integrity. "To fight impunity, a proper enforcement of justice, with integrity, objectivity and full impartiality, must be ensured—it is the only way to achieve justice that is accessible for all."
She recommended that to overcome this problem progress must be made with a comprehensive judicial reform to introduce a true professional career system for judges and prosecutors.
Changes to the system
In his speech, Commissioner Francisco Javier Dall'Anese Ruiz manifested that changes have been seen in the judicial system. The system had faced the threat of the corporatization of judges: "Judges act outside the law; some commit crimes and cover for one another to avoid being brought to justice."
However, Dall'Anese stated that the situation is changing, as seen by the turnout of the new board of the Judges Association to vote. The president of said group has publically announced his condemnation of the corporatization of judges.
The Commissioner also added that the Supreme Court of Justice's (CSJ) ruling to lift Judge Verónica Galicia's immunity is another example of change. The judge had been questioned on grounds of showing bias and a lack of objectiveness in the judicial orders she passed.
Therefore, in his eyes, these achievements offer hope that the justice system may improve and judges and prosecutors may become fully independent.
Attorney General Claudia Paz y Paz also took part in the event and stressed that to break the impunity wall it is necessary to shakedown and strengthen the judicial system.
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