NEWSLETTER
JUNE
2018
ABOUT US The International Commission Against Impunity in Guatemala (Comisión Internacional contra la Impunidad en Guatemala, CICIG), is an independent international body established in 2007 by an Agreement between the United Nations and the State of Guatemala, in response to the request for assistance from the Government. CICIG aims to support and strengthen institutions of the State of Guatemala responsible for investigating and prosecuting crimes committed by illegal security forces and clandestine security structures (Cuerpos Ilegales y Aparatos Clandestinos de Seguridad, CIACS) criminal groups believed to have infiltrated state institutions, fostering impunity and undermining the democratic gains in Guatemala since the end of the internal armed conflict in the 1990s. As per the Agreement, the Commission shall:
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2 INVESTIGATE
DISMANTLE
Determine the existence of CIACS and identify their structure, forms of operation, sources of financing and possible relation to State agents and other sectors that threaten human rights in Guatemala.
Collaborate with the State in the dismantling of CIACS and promote the investigation, criminal prosecution and punishment of those crimes committed by their members.
3 RECOMMEND Recommend to the State the adoption of public policies aiming to eradicate CIACS and prevent their re-emergence, including the legal and institutional reforms necessary to achieve this goal.
According to the Agreement, CICIG shall enjoy complete functional independence in discharging its mandate. CICIG works hand in hand with national institutions, transferring capacities and strengthening the Guatemalan Justice sector “on the job”. CICIG represents a groundbreaking initiative by which the United Nations, together with a Member State and with support from the international community, seeks to strengthen the rule of law in a post-conflict country.
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NEWSLETTER 01 | INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA
WWW.CICIG.ORG
FIGHT AGAINST CIACS
CICIG was established to combat the CIACS, clandestine groups that combine political and economic power and appear as sophisticated structures at the service of organized crime. The CIACS emerged during the internal armed conflict in Guatemala, but later had the ability to adapt and survive in the stage of democratic consolidation. In line with the evolution of organized crime, CIACS appear today as interlinked illicit political-economic networks thatinfiltrate institutions with the purpose of exercising political control and generate profitable business. CIACS therefore weaken the State, fomenting corruption at all levels and taking advantage of public institutions and public funding to generate immense profits under a mantle of impunity. The CIACS have a large negative impact on the protection and guarantee of human rights.
WWW.CICIG.ORG
To date:
MORE THAN
MORE THAN
CRIMINAL STRUCTURES IDENTIFIED
MORE THAN
100
CRIMINAL CASES
34
680
60
INDIVIDUALS CURRENTLY PROSECUTED
(60% under house arrest and other alternative measures)
MORE THAN
310
SENTENCES
LEGAL REFORMS SUBMITTED TO CONGRESS
116
PEOPLE AT LARGE
INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA | NEWSLETTER 01
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INVESTIGATION AND STRATEGIC LITIGATION
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LINE OF INVESTIGATION TAX FRAUD AND SMUGGLING
Tax avoidance and evasion are directly related to the availability of public resources, thus having an impact on social investment and the provision of key social services in a country with social indicators that require priority attention.
CICIG’s investigators and international experts work together with national prosecutors to investigate crimes committed by CIACS. In those cases where the Attorney General decides to file criminal action, CICIG can file a request to join the judicial proceedings as a complementary prosecutor (coplaintiff). A judge must authorize the request. Since 2014, CICIG established five strategic lines of investigation. The following cases are some examples of the Commission’s work in these areas:
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“LA LÍNEA” CASE
In April 2015, a joint investigation by the Attorney General’s Office and CICIG unveiled a criminal structure rooted at the highest level of the Executive branch. A parallel customs office was used to siphon public funds on a large scale, in a scheme that was consolidated over several years. Former President Otto Pérez Molina, former Vice-President Roxanna Baldetti and some 26 officials were prosecuted in relation with this case.
NEWSLETTER 01 | INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA
“TRAFICANTES DE INFLUENCIAS” CASE
In January 2018, a joint investigation by the Attorney General’s Office and CICIG revealed a corruption network operating within the Tex Authority that benefited from collecting bribes in the amount of US$142.5 millions in exchange for facilitating the process of returning tax credit. This structure included the heads of the institution in complicity with other officials and individuals. There are 28 people prosecuted in this case.
WWW.CICIG.ORG
| INVESTIGATION AND STRATEGIC LITIGATION
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LINE OF INVESTIGATION ADMINISTRATIVE CORRUPTION
Joint investigations by the Attorney General’s Office and CICIG have revealed the existence of several structures operating within state institution aimed at diverting public funds through total or partial control of these institutions. This phenomenon is referred to as the “co-optation of the State.”
REGISTRY OF CADASTRAL INFORMATION (RIC) CASE
In May 2018, the Attorney General’s Office and CICIG unveiled a network of government officials and privateindividuals that operated within the Registry of Cadastral Information (Registro de Información Catastral, RIC)between 2012 and 2015. The network plundered institutional resources using a set of non-existent jobs that were used as payment in exchange for political favors. There are 17 people linked to criminal proceedings on this case.
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“ MILITARY INDUSTRY” CASE
In May 2018, an investigation revealed the existence of a criminal group that operated within the Military Industry between 2008 and 2011. The criminal structure included several retired military officers, who illegally obtained more than US$172.5 millions by collecting bribes.
“TRANSURBANO” CASE
In February 2018, the Attorney General’s Office and CICIG showed how, a number of seemingly legal decisions taken by former President Alvaro Colom’s administration (2008-2012) to implement an urban transport system (Transurbano) sought to benefit certain people US$1,275 millions were siphoned from the State coffers. Former President Álvaro Colom and 12 members of his cabinet were prosecuted.
“ODEBRECHT” CASE
In January 2018, the Attorney General’s Office and CICIG unveiled a structure used by ODEBRECHT to pay bribes to the authorities of the Ministry of Communications and others in exchange for public contracts. Five persons were prosecuted in relation to this case.
INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA | NEWSLETTER 01
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| INVESTIGATION AND STRATEGIC LITIGATION
“CONSTRUCTION AND CORRUPTION” CASE
“BANTRAB “ CASE “MIGRATION CASE”
In this case, the Attorney General’s Office and CICIG unveiled a criminal structure operating within the National Directorate of Migration responsible for selling fake passports to foreigners. In 2018, 39 people were convicted in relation to this case.
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In October 2016, the Attorney General’s Office and CICIG unveiled a criminal structure involving members of the Board of Directors of the “Banco de los Trabajadores” (Workers Bank - BANTRAB) and other individuals, which plundered the bank’s funds at the expense of its shareholders, among them the State of Guatemala.
“MONEY LAUNDERING AND POLITICS” CASE
In July 2015, a money-laundering scheme operating in the border areas of the country was exposed. The network included local and national authorities, including the former President of the Bank of Guatemala, who accepted his responsibility in this case. A former congressman and a former mayor were prosecuted in relation to this case.
NEWSLETTER 01 | INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA
In July 2017, investigations unearthed the existence of a structure that operated within the Ministry of Communications, Infrastructure and Housing between 2012 and 2014. Government authorities collected bribes from contractor companies in exchange for expediting payments to these companies. Among the 28 people prosecuted in connection to this case are former government officials, bribe collectors, and members of the business sector. To date, rulings related to the case using the fast-track procedure include reparations mounting to US$ 268,713,727.5, which aim to reduce the harm caused to society. Full reparation is an element that CICIG actively promotes in its investigations and litigation.
WWW.CICIG.ORG
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LINE OF INVESTIGATION JUDICIAL CORRUPTION
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CIACS use their power to influence the country courts and tribunals seeking impunity for their actions.
“JUSTICE MANIPULATION” CASE In February 2018, a joint investigation showed that, through the use of legal tricks, the course of a murder investigation was manipulated within the Attorney General’s Office with the purpose of incriminating innocent people as authors of the crime. Through the manipulation of the case file and the legal proceedings to present evidence, reality was distorted and individuals were charged and sentenced unfairly. In relation to this case, a prosecutor and three individuals were prosecuted on charges of denial of justice and obstruction of justice.
WWW.CICIG.ORG
“PARALLEL COMMISSIONS” CASE In February 2018, a joint investigation by the Attorney General’s Office and CICIG determined the existence of a parallel structure created to interfere in the selection process of high judicial authorities. After evidence was presented, the Court prosecuted those involved, including lawyers and judicial authorities. Seven people have been linked to this case, including two requests to lift the immunity of officials implicated in the case.
LINE OF INVESTIGATION ILLICIT ELECTORAL FINANCING
“STATE CO-OPTATION” CASE: In 2016, the Attorney General’s Office and CICIG presented the case “Cooptación del Estado,” which uncovered a criminal network operating within the State. This network allegedly started through the illicit campaign financing of the Patriot Party which, once in power, paid back the contributions through the award of public procurement contracts and economic benefits, ranging from advertising in media to infrastructure projects.
“UNE, LÍDER AND FCN NACIÓN PARTIES” CASE The Attorney General’s Office and CICIG are currently investigating respect and abidance of the electoral legislation during the 2015 election. As a result of this investigation, criminal complaints have been filed against the authorities of those political parties which allegedly breached the rules of electoral financing. The case has shown several phases, as investigations evolve. Some of the contributors to the 2015 campaigns have acknowledged the facts and brought themselves to justice, which helps reduce procedural times and allows for a faster discovery of the truth.
INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA | NEWSLETTER 01
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INSTITUTIONAL AND LEGAL REFORM PROPOSALS
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LINE OF INVESTIGATION LAND DISPOSSESSION
CICIG has the power to recommend to the State of Guatemala the adoption of public policies, including institutional and legal reforms, to eradicate the CIACS and prevent their recurrence. Since its establishment, CICIG has presented or participated in 34 projects submitted to Congress for approval.
YEAR 2008 2008
“GÉNESIS” CASE
The investigation unveiled a criminal structure linked to displacement and land dispossession in the Department of Petén, to obtain illegal profits. The investigation established that, through a strategy of intimidation that included the use of armed men, farmers were forced to abandon their lands, which would then be taken by others. Eleven people were prosecuted in this case.
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REFORM PROPOSALS Modificaciones a la iniciativa 2290 para aprobar la Ley de Armas y Municiones Modificaciones a la iniciativa 3319 sobre la Ley de Amparo, Exhibición Personal y Constitucionalidad
2008
Modificaciones a la iniciativa 3778 sobre la Ley en Materia de Antejuicio
2008
Reforma al Código Procesal Penal
2008
Reforma de la Ley contra la Delincuencia Organizada y el Acuerdo 2-2007 del MP
2008
Modificación del Reglamento del Decreto 70-97 del Congreso de la República, Ley de Protección a Testigos
2009
Creación de la Ley de Competencia Penal en Procesos de Mayor Riesgo
2009
Reformas a Ley Contra la Delincuencia Organizada en cuanto a la colaboración eficaz
2009
Modificaciones a la Ley de Amparo, Exhibición Personal y Constitucionalidad
2009
Reforma de la Ley en Materia de Antejuicio
2009
Reforma de la Ley de Armas y Municiones
2009
Reformas al CP, Paquete anticorrupción
2009
Trata de personas
NEWSLETTER 01 | INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA
WWW.CICIG.ORG
YEAR
REFORM PROPOSALS
2009
Tráfico ilícito de Migrantes (Reforma del Código Penal y Ley de Migración)
2009
Paquete disciplinario en Justicia Penal (infracciones y sanciones correspondientes, procesos para deducir la responsabilidad administrativa y órganos intervinientes con funciones y competencias delimitadas)
2009
Reformas a la Ley General de Extradición
2010
Ley de Extinción de Dominio
2010
Ley que Regula los Servicios de Seguridad Privada
2011
Recomendaciones a la Iniciativa 4387 Reforma Constitucional USAC-URL-ASIES
2011
Aprobación de la Ley de Registro Móvil para la prevención de robo de celulares y la extorsión
2012
Aprobación de la Ley de la DIGICRI
2015
Reformas a la Ley Orgánica del Ministerio Público
2015/2017
Reformas a la Ley de la Carrera Judicial
2015
Reformas a Ley en Materia de Antejuicio Reformas a la Ley de Amparo, Exhibición Personal y de Constitucionalidad
2016/2017
Reformas a la Constitución Política de la República de Guatemala en Materia del Sector Justicia Nueva Ley de Comisiones de Postulación
2016/2018
Ley de Aceptación de Cargos/Reforma al Código Procesal Penal sobre Aceptación de Cargos
2017/2018
Reformas a la ley de la PNC
2018
Reformas al Código Procesal Penal, referente a la Prisión Preventiva.
2018
Reformas al Código Penal, artículo 407 N Financiamiento electoral Ilícito.
WWW.CICIG.ORG
According to its mandate, CICIG has the power to publish thematic reports on the activity of CIACS, including analyses on their proceedings and recommendations for their disarticulation.
Report on Human Trafficking for Sexual Exploitation in Guatemala
2015/2017
2017
THEMATIC REPORTS
Report on the System for the Measurement of Impunity in Guatemala
Report on Political Financing in Guatemala
Report on Firearms and Ammunition in Guatemala: Legal Sales and Illegal Trafficking
Report on Actors Involved in the Illegal Adoption Process in Guatemala since the Entry into Force of the Law on Adoptions
INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA | NEWSLETTER 01
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STRENGTHENING THE JUSTICE SYSTEM CICIG works together with public institutions and civil society organizations to strengthen the justice system in Guatemala. SUPPORT TO THE SUPREME ELECTORAL COURT
LAW ABIDING CULTURE PROGRAM CICIG supports the Ministry of Education, the Ministry of Interior, and the San Carlos University School of Law in the implementation of a comprehensive program to promote a law-abiding culture in the country. The program focuses on the development of educational materials and knowledge platforms that can be used by teachers working with girls and boys at local schools. It seeks to raise awareness regarding the importance of respecting the rule of law, citizen participation, and the role of a civic, transparent, and responsible citizenry in the consolidation of peace and democracy.
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LEGAL OBSERVATORY
In coordination with the Rafael Landívar University, the San Carlos University, the President of the Judiciary, and the Supreme Court, this initiative aims to formulate recommendations to improve criminal proceedings through the analysis of existing challenges to the correct implementation of criminal law. It focuses on the study and analysis of judicial files and rulings, which shed light on the proceedings and their strengths and weaknesses to draw best practices and recommendations. The participation of academia and social organizations is the key to its sustainability.
CICIG, under a cooperation agreement with the Supreme Electoral Court and pursuing its work on electoral campaign financing, makes recommendations to strengthen the Supreme Electoral Court, in the following areas: • Implementation of recent reforms to the Electoral law. In particular, CICIG provides technical support regarding the establishment of the new units on political party financing and media coverage. • Strengthening the Court’s monitoring and operation capacities in the area of electoral transparency. • Support the implementation of an inter-agency coordination mechanism for information exchange on political organizations’ financing.
NEWSLETTER 01 | INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA
INTEGRATED JUSTICE SYSTEM INITIATIVE (SIJ) This initiative is promoted by the Judiciary, the Attorney General’s Office, the Public Criminal Defense Institute (Instituto de Defensa Pública Penal - IDPP), the Ministry of Interior, and the National Institute of Forensic Sciences (INACIF), with technical assistance from CICIG. The inter-agency initiate formulates recommendations to increase the justice system’s efficacy and efficiency, thereby contributing to a reduction of impunity rates. It aims to improve policy planning, optimize the use of existing resources, and asses existing and needed investment to ensure access to justice for Guatemalan citizens. Since 2008, the Guatemalan Justice System has shown:
AN INCREASE OF
3% TO 10% IN THE EFFECTIVENESS OF THE JUSTICE SYSTEM IN 2008 SOME 145,000 CASES PROCESSED. IN 2017 370,000
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TOTAL CONTRIBUTIONS RECEIVED AMOUNT
FINANCIAL CONTRIBUTIONS CICIG is fully funded through voluntary contributions by the International Community to a Trust Fund managed by the United Nations Development Program (UNDP). Since its establishment, a total 17 donors have made contributions to the Commission.
OTHER CONTRIBUTIONS
$1,603,155.95 $6,107,715.35 $5,566,327.49 $10,524,358.33 $1,923,756.80 $11,788,861.16 $119,284.29 $84,990.00 $44,502,895.00 $3,470,043.65 $2,481,186.76 $22,052,561.70 $19,345,028.84 $35,868,458.60 $217,048.00 $478,413.78 $50,000.00 $744,343.76 $74,813.96 $167,003,243.42
YEAR 2007-2018 2008-2018 2008-2013 2007-2018 2008-2011 2008-2018 2008 2008 2007-2017 2008-2017 2008-2017 2010-2017 2008-2018 2009-2018 2010-2011 2010-2017 2012 2009-2018 2010-2014
DONOR Switzerland Norway Finland Spain Denmark The Netherlands DFID SOROS USA Germany Italy European Commission Canadá Sweden Ireland United Kingdom Mexico UNDP* FOSI
The Government of Guatemala contributes with members of the National Civilian Police to strengthen the external security of the Commission.
WWW.CICIG.ORG
$ 86,670.00 $11,139,473.89 $17,328,524.41 $19,182,536.20 $18,786,987.20 $15,085,035.74 $14,365,661.61 $13,070,949.54 $12,924,249.75 $14,540,141.27 $14,736,712.54 $9,895,062.44
26.6% 13.2% 0.29%
3.3% 2.8%
0.45% 0.96%
CANADA DENMARK EUROPEAN C. FINLAND
FOSI/SOROS GERMANY IRELAND ITALY
1.5%
3.6%
NETHERLANDS NORWAY SPAIN SWEDEN
SWITZERLAND UNDP* UNITED KINGDOM USA
Main Donors – TF PNUD-CICIG 2007-2018
* $500,000 paid in 2009 by the Government Guatemala to cover a percentage of the rental of premises (pursuant article 7.2 of the Agreement)
$161,138,912.36
ESTIMATED BUDGET Sep 2017 - Sept 2018 Sep 2018 - Sept 2019
6.3%
0.05% 0.13%
7.06%
21.48%
YEAR 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018**
1.15%
11.58%
Total contributions received 2007-2018
CDR (EXPENSES)
The International Community also contributes to CICIG through the temporary deployment of specialized security and criminal investigation personnel. To date, the Governments of Argentina, Chile, Colombia, Costa Rica, France, Italy, Spain, Sweden, Switzerland and Uruguay have made such contributions.
MAIN DONORS BETWEEN 2007 AND 2018
$16,524,000.00 $15,876,000.00
** Preliminary as of 31/08/2018
$32,400,000.00
INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA | NEWSLETTER 01
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