AP Photo: Moises Castillo THE FIGHT AGAINST IMPUNITY Evaluating the Level of Cooperation with the International Commission against Impunity in Guatemala DECEMBER 2019 | SERIES 1 TABLE OF CONTENTS INTRODUCTION 4 KEY FINDINGS 6 THE FIGHT AGAINST IMPUNITY: EVALUATING THE EXTENT OF 8 COOPERATION WITH THE INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA THE AGREEMENT 9 APPROVAL AND IMPLEMENTATION OF LEGISLATIVE AND 15 INSTITUTIONAL REFORMS PERFORMANCE AND COOPERATION OF NATIONAL COUNTERPARTS 23 ADVANCES IN THE INVESTIGATION OF EMBLEMATIC CASES 26 ACRONYMS AND ABBREVIATIONS 43 ANNEXES 44 NOTES 45 THE FIGHT AGAINST IMPUNITY IN GUATEMALA DECEMBER 2019 | 3 INTRODUCTION In the last decade, the problem of insecurity THE CENTRAL AMERICA MONITOR and impunity has deeply affected the people of Guatemala, El Salvador and Honduras, The Central America Monitor is based on the making this region (known as the Northern premise that accurate, objective, and complete Triangle of Central America) one of the most data and information are necessary to reduce violent in the world. High levels of violence, the high levels of violence and insecurity, corruption, and impunity have eroded the and establish rule of law and governance in capacity of the states to develop accessible a democratic state. This will allow efforts to and efficient institutions, and address the move beyond abstract discussions of reform to needs of their populations. specific measures of change. The absence of effective responses has The Monitor is based on a series of more than weakened citizens’ confidence in state 100 quantitative and qualitative indicators that institutions, leading to an alarming number allow a more profound level of analysis of the of people who have been internally displaced successes or setbacks made in eight key areas or forced to migrate to other countries to in each of the three countries.1 More than escape the violence and lack of economic a comprehensive list, the indicators seek to opportunities. identify a way to examine and assess the level of progress of the three countries in strengthening Against this backdrop, the Washington the rule of law and democratic institutions. The Office on Latin America (WOLA), the Myrna indicators seek to identify the main challenges Mack Foundation (FMM) of Guatemala, in each of the selected areas and examine how the University Institute for Public Opinion institutions are (or are not) being strengthened (Iudop) of the José Simeón Cañas Central over time. The Monitor uses information from American University (UCA) of El Salvador, different sources, including official documents and the University Institute on Democracy, and statistics, surveys, interviews, information Peace and Security (IUDPAS) of Honduras from emblematic cases, and analysis of existing have developed a tool for monitoring laws and regulations. and evaluating the policies and strategies currently being implemented in Guatemala, The indicators were developed over several Honduras, and El Salvador to reduce months in a process that included an insecurity and violence, strengthen the extensive review of international standards rule of law, improve transparency and and consultation with experts. The eight areas accountability, protect human rights, and analyzed by the Monitor include: fight corruption. This initiative has been made possible thanks to the support of the 1. Strengthening the capacity of the justice Latin America Division of the Swiss Agency system; for Development and Cooperation, the 2. Cooperation with anti-impunity Tinker Foundation, the Seattle International commissions; Foundation (SIF), and the Moriah Fund. 3. Combatting corruption; 4. Tackling violence and organized crime; THE FIGHT AGAINST IMPUNITY IN GUATEMALA DECEMBER 2019 | 4 5. Strengthening civilian police forces; This report of the Myrna Mack Foundation aims 6. Limiting the role of the armed forces in to define a baseline for the indicators related public security activities; to analyzing the extent of cooperation by the 7. Protecting human rights; Guatemalan government with the International 8. Improving transparency. Commission against Impunity in Guatemala (CICIG), a hybrid commission established with The Monitor reports are published by area and the support of the United Nations at the request by country. The first series of reports will serve of the Guatemalan government to help combat as the baseline for subsequent analysis, which impunity in the country. will be updated annually. Each annual series of reports will be analyzed in comparison with ABOUT THE RESEARCH FOR THIS reports from the previous year. This allows REPORT researchers, civil society organizations, and other actors to assess the level of progress in This report draws from important research strengthening the rule of law and reducing conducted by domestic and international insecurity. organizations that have analyzed the CICIG’s work and its efforts to strengthen the rule of The first round of Monitor reports will primarily law by fighting corruption and impunity. focus on data sets from an approximate 4-year time period, 2014 to 2017, in order to provide a After compiling and reviewing information for snapshot of Central America’s institutions. each indicator, we developed a comprehensive baseline analysis on the extent of government The Monitor will serve as a tool for searchable, cooperation with the CICIG for the 2014- easy-to-comprehend data, delineating trends, 2017 time period. Each year, we will collect progress, patterns, and gaps within and between information on these same indicators to allow the three countries of the Northern Triangle. for comparative analysis over time. The main The data, graphics, charts, and reports will be points of our research are synthesized in key available on the Monitor’s website. findings in the following pages. THE FIGHT AGAINST IMPUNITY IN GUATEMALA DECEMBER 2019 | 5 KEY FINDINGS • At the time the peace accords were signed in 1996, the Guatemalan government expressly recognized that illegal groups and clandestine security structures (Cuerpos Ilegales y Aparatos Clandestinos de Seguridad, CIACS) existed in the country, and acknowledged that there is a direct link between these illicit groups and human rights violations. • The cases brought to justice by the Public Prosecutor’s OfficeMinisterio ( Público, MP) and the International Commission against Impunity in Guatemala (Comisión Internacional Contra la Impunidad en Guatemala, CICIG) revealed the CIACS’ ability to evolve and adapt, to the point of forming illicit political-economic networks (Redes Político Económicas Ilícitas, RPEI), which operate outside the law and contribute to high impunity levels. • The tension that arose between the executive branch and the CICIG, as a result of investigations into President Jimmy Morales’s son and brother, prompted a series of actions that largely halted the Commission’s work and therefore the fight against corruption and impunity in Guatemala, which has served to weaken the rule of law. • Reforms of the Judicial Career Law (Ley de la Carrera Judicial) and the Organic Law of the Public Prosecutor’s OfficeLey ( Orgánica del Ministerio Público), carried out with the CICIG’s support, fostered the conditions for strengthening the specialization and professionalization of judges, magistrates, and prosecutors. They also constitute a valuable contribution to consolidating the independence of the judiciary (Organismo Judicial) and of the Public Prosecutor’s Office, to prevent any external factors from hindering or conditioning proper fulfillment of their functions. • With regard to the legislative branch, the passage of laws key to strengthening the judicial system demonstrated that Guatemala’s Congress largely cooperated and had the political will to support the Commission’s work. These laws had the CICIG’s support starting in 2009; the Judicial Career Law (approved in 2016) is particularly relevant to the time period covered in this study (2014-2017). Nevertheless, in the period analyzed in this report, some important reforms were still pending approval due to a lack of cooperation and consensus in Congress, including reforms to the Pre-Trial Law (Ley en Materia de Antejuicio); to the Appeals, Habeas Corpus, and Constitutionality Law (Ley de Amparo, Exhibición Personal y de Constitucionalidad); and, of course, to Guatemala’s Constitution. • Institutionally, significant reforms were undertaken so as to cooperate with the work carried out by the CICIG. For example, in the judiciary, the system of High Risk Courts (Juzgados de Mayor Riesgo) was expanded; at the MP, reforms to the Organic Law of the Public Prosecutor’s Office were implemented; and in the National Civilian PolicePolicía ( THE FIGHT AGAINST IMPUNITY IN GUATEMALA DECEMBER 2019 | 6 Nacional Civil), police teams were designated to collaborate directly on the investigations and operations that the Commission supported. • Alongside the various actions taken to strengthen security and justice institutions, the CICIG-backed reforms that were signed into law enabled the successful prosecution and conviction of politicians, businesspeople, public employees and officials ncluding(i at the highest level, as occurred in the La Línea case), and other individuals who formed part of criminal organizations (the CIACS). This made it clear that it is indeed possible to wage a head-on battle against corruption and impunity in Guatemala. THE FIGHT AGAINST IMPUNITY IN GUATEMALA DECEMBER 2019 | 7 THE FIGHT AGAINST IMPUNITY Evaluating