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Guatemala, July 8, 2011. National and international lawyers recently participated in the forum: "Constitutional Justice Reforms", where a bill was presented seeking to strengthen the professionalization of judges and prosecutors in order to create a more efficient justice system. The activity was organized by the Centre of Guatemalan Studies (CEG), the Institute for Comparative Studies in Criminal Sciences of Guatemala (IECCP) and the International Commission of Jurists (CIJ).

The following participated in the event: Lorena Escobar, of the legal team of the bill; Oswaldo Samayoa, of the Institute for Comparative Studies in Criminal Sciences of Guatemala; Guillermo López Lone, of the Association of Judges for Democracy in Honduras; and José Antonio Martín Pallín, Emeritus Judge of the Spanish Supreme Court.

The aim of the forum was to contribute to strengthening justice administration, as set forth in the Peace Accords, in order to tackle corruption, guarantee free access to justice and ensure judicial independence.

Escobar explained that the constitutional reform bill—proposed by the Association of Investigation and Social Studies, Universidad Rafael Landívar and Universidad de San Carlos—is a balance mechanism between the need for constitutional stability and the demands of the current social, political and economic changes of the State of Guatemala.

The lawyer indicated that the professionalization of justice officials is at the heart of the five axes of the bill and, therefore, stressed the importance of it being passed by Congress.

"Our country needs to make changes in the justice system and strengthen citizen security. The bill proposed by the three academic institutions—with no political or partisan interests—is born out of this need," said Escobar.

The five axes:
The bill on constitutional justice reforms includes the following points:

1. The career system in the Judiciary: Guarantee judicial independence and strip the Supreme Court of Justice of its role as the administrator of the Judiciary. This role would be passed on to the Council of the Judicial Service; therefore, the restructuring of the Council, which is currently presided over by the SCJ President, is proposed.
2. Supreme Court of Justice: Increase the tenure of SCJ judges from 5 to 10 years. Furthermore, a gradual substitution method is proposed, along with changes to the process to select members of the commissions to nominate SCJ judges, eliminating the individual representation of deans of law faculties of the country's universities.
3. Free legal assistance: Ensure the State assumes its responsibility to provide free legal assistance to people that do not have sufficient resources but want to file criminal complaints, because at present, the Institute of Public Criminal Defence does not offer such a service.
4. National Civil Police: Ensure the professionalization of human resources and the constitutional recognition of the institution, in order to prevent 'fictitious' reforms from being made to its ordinary normative material and so it can respond to the tendencies of the governments in office.
5. Public Prosecutor's Office: Ensure the modification of the selection procedures of members of the commissions to nominate candidates to be Attorney General and Director of the Public Prosecutor's Office (MP), eliminating the individual representation of deans of law faculties of the country's universities.

Streamline justice
In his address, Oswaldo Samayoa of the Institute for Comparative Studies in Criminal Sciences of Guatemala indicated that the reform proposals needed improving, because it is not feasible that the career system in the Judiciary guarantee the independence of judges, because, if that were the case, any judge would take advantage of it when claims are made that his or her rulings are in breach of the law.

"In our country, we still keep the model under which a SCJ judge gives orders to other judges; the management model or judicial model should be internally and externally independent," he said.

He added that the Peace Accords provide for the separation of judicial functions from administrative functions so that judges can work efficiently.

Therefore, he said that changes needed to be made to the judicial management model, as well as restructuring the Judiciary Council and the career system in the Judiciary, in order to improve and increase the efficiency of the judicial system.

In relation to the manner in which judges of the SCJ are elected, he said that the reforms should seek to ensure that there are no university representatives involved in the procedures: "Unfortunately, these procedures have led to the creation of more universities in the country as well as political payments and favours."

"We also believe it important that the MP reforms ensure that the President-in-Office cannot capriciously replace the Attorney General of the Republic; unfortunately Congress refuses to discuss the amendment of the organic law of the MP," he said.

As to free legal assistance, he commented that constitutional reform was not necessary to execute the change, because Article 12 of the Constitution sets forth the right to defend oneself, and the change could be discussed through an organic law.

Experiences abroad
Guillermo López Lone, of the Association of Judges for Democracy in Honduras, said that in his country it was necessary to reform judicial aspects of the Constitution because of the perception that the Judiciary (OJ) was not independent.

Therefore, Congress recently approved stripping the SCJ of administrative duties so that it would focus solely on judicial duties. However, an analysis is still underway to determine whether these duties will be the responsibility of the Judiciary Council.

López said a judicial reform could cover topics such as the creation of a thorough career system in the Judiciary and the independent election of SCJ judges, who should be elected based on merits and not political favours.

In the opinion of José Antonio Martín Pallín, emeritus judge of the Supreme Court of Spain, judicial reform is necessary because a good judge is a guarantee that the judicial system functions. Therefore, experience should be systematically combined with legal training.

"A judge should be well trained and also show analytical and pedagogical abilities so that citizens understand why they were in the wrong and the other party was not," he said.

Martín believes judges should also be guaranteed irremovability, which is not synonymous with impunity but rather implies they should be able to feel stable in their posts in order to efficiently go about their business.

The judge believes the Council of the Judicial Service should be responsible for administrative duties and the functioning of the Judiciary (OJ), which should determine transfers and appointments.

The panelists agreed that, in addition to the reforms, there should be an autonomous budget and sufficient funds to allow the justice system to function efficiently.