Showing posts with label #RenunciaYa. Show all posts
Showing posts with label #RenunciaYa. Show all posts

Thursday, September 3, 2015

Guatemalan President Otto Pérez Molina resigns, detained on charges of corruption

Update:
On Tuesday, September 8, former President Otto Pérez Molina was indicted on charges of customs fraud, illicit association, and bribery in connection with "La Línea," a customs fraud network accused of stealing millions of dollars from the Guatemalan state. Given the number of people still being investigated in connection with La Línea, Judge Galvéz ordered that Molina be sent to preventative prison while he awaits trial so as to not pose a threat to the integrity of ongoing investigations. The prosecution team have been given three months to build their case, with an expected trial opening date of December 21.

Late last night Guatemalan President Otto Pérez Molina was forced to resign after more than four months of massive popular protests throughout the country. On Tuesday, Congress unanimously voted to strip Pérez Molina of his presidential immunity, after evidence provided by the Public Prosecutor and International Commission against Impunity in Guatemala (CICIG) directly implicated him in the customs fraud network, “La Linea." An arrest warrant was issued for the President Wednesday afternoon and he resigned just hours later. Pérez Molina and former Vice President Roxana Baldetti are accused of heading the criminal network that defrauded the state of at least $3.7 million.

Former President Otto Pérez Molina listens to the criminal
charges of corruption against him. Photo: Roderico Y. Díaz

Vice President Alejandro Maldonado, who was named to the position after Roxana Baldetti was forced to resign, assumed the presidency this afternoon. Maldonado is the founder of a political party known for promoting organized violence and death squadrons during the 1960s and 1970s. He was also one of the Constitutional Court judges who voted to overturn the historic 2013 ruling that sentenced former de facto dictator Efraín Ríos Montt to 80 years in prison for genocide and crimes against humanity. 

This morning, Pérez Molina appeared before Judge Miguel Gálvez to give his first declaration and hear the charges against him, which include illicit association, bribery and customs fraud. The Prosecution played hours of wiretap recordings throughout the day, laying out the hierarchy of the criminal structure before revealing recordings directly implicating the President. Deemed a flight risk, Judge Gálvez ordered Pérez Molina to spend the night in custody at the Matamoros military prison. The hearing is expected to continue tomorrow. 

Today Guatemalans celebrate this incredible victory, born of months of resistance in the streets and decades of resilience in the face of structural corruption, racism and violence. However, we know the struggle is far from over. Calls for electoral reform were recently struck down in Congress, and all signs point to elections taking place as scheduled this Sunday. Many Guatemalans have refused to accept this decision and have continued to protest outside the elections office demanding, “In these conditions, we do not want elections!” 

If the impressive show of Guatemalan people power so far is any indication, the charges officially lodged for corruption are just the beginning in the search for justice for Pérez Molina's crimes. The former general is also implicated in the genocide against the Ixil people and his administration is responsible for the criminalization and imprisonment of hundreds of human rights defenders and repression and violence against thousands of Guatemalans defending life and dignity at La Puya encampment, in Totonicapan, San Rafael las Flores, Santa Cruz Barillas and many more.

The past four months have seen people from all walks of life take to the streets in protest in Guatemala - some for the first time and some for the hundredth. Meeting spaces have given birth to new proposals for movement building and structural change that will have impacts reaching far beyond Pérez Molina's resignation. The value of memory has been strong over the past four months, with many references being made to the 1944 revolution and the ten years of spring. As one sign read: "WE ARE HERE...for those who dreamed and struggle for a better country." 




Monday, August 24, 2015

Despite the arrest of former VP Roxana Baldetti, President Otto Pérez Molina says he won't step down

On Friday, the UN-backed International Commission Against Impunity in Guatemala (CICIG) and Public Prosecutor's office revealed evidence connecting Guatemala President Otto Pérez Molina to the massive customs corruption network known as La Línea. Prosecutors have filed a legal motion to strip Pérez Molina of his presidential immunity – the second action of its kind to be filed in the last 3 months.

For the eighteenth week in a row, protesters from across the country took to the streets to demand the President's resignation. At least of 16 members of his cabinet and other high-level posts have resigned; 11 did so after new evidence was released on Friday directly implicating the president. As Pérez Molina's government crumbled around him Sunday night, he dug in his heels - refusing to step down and proclaiming his innocence in a televised address.



Despite being more isolated than ever, the President remained combative in his address, denouncing foreign intervention and alluding that powerful economic interests from the Chamber of Commerce (CACIF) are conspiring against him. During the speech, which is being described as a “declaration of war" against CACIF, Pérez Molina threatened to push Guatemala even closer to the edge of complete political turmoil as nation-wide strikes and ongoing protests are expected to ramp up this week.


Wiretaps, emails, and other documents revealed on Friday and presented as evidence in court this morning accuse former Vice President Roxana Baldetti and President Pérez Molina of heading the criminal structure La Línea. The customs fraud network is believe to have stolen more than 8 million quetzals. In the wiretaps, Molina and Baldetti are referred to as “the 1”, “the 2”, “the head of the plantation”, and "the mera mera (the head honcho)." In a Monday morning interview, Attorney General Thelma Aldana made clear that the President himself was caught on tape communicating with the criminal network.



Above tweets:  In wiretaps where the President is identified, the public prosecutor states, "It is inevitable, because his telephone has not been tapped." 1/2; But he communicates with the criminal structure, who have their telephones tapped, and we heard him." 2/2

On Friday, the public prosecutor immediately filed a request to strip the President of his immunity, while Baldetti was arrested and transferred from the private hospital where she had sought refuge to Matamoros military prison in zone 1 of Guatemala City. While Matamoros has been exclusively for male prisoners, a reform published this morning - three days after Baldetti was arrested - changed the rules to allow women. 

The first attempt to remove Pérez Molina's immunity was filed by Congressman Amilcar Pop in June and was unanimously accepted by the Supreme Court. And while a congressional investigative commission recommended stripping immunity and opening the president up to a full investigation, the recommendation only earned 88 of the 105 congressional votes necessary to proceed. This decision was rejected by protesters and political analysts alike – further evidence that the political system is irrevocably broken and electoral reforms are absolutely necessary. 

The latest request to strip President Molina of his immunity will likely be accepted by the Supreme Court, although questions remain as to how Congress will react. Some believe that Pérez Molina's surprising decision to stay in power hinges on his belief that his allies - including presidential hopeful Manuel Baldizón and other Molina supporters who make up the LIDER-Partido Patriota alliance - will save him from immediate prosecution by maintaining his presidential immunity.

In the meantime, Guatemalans remain vigilant as rumors circulate that the President will attempt to flee the country. Citizens presented a legal action Sunday morning requiring a judge to physically locate Pérez after the president failed to appear in public for 48 hours. He was eventually located mid-day Sunday at the Presidential Palace in zone 1.

Roxana Baldetti's arraignment hearing took place Monday morning, during which time the prosecution laid out the groundwork for its case against the former Vice President. She is accused of illicit association, passive bribery and special cases of customs fraud for her involvement in the La Línea.

Tuesday, June 16, 2015

Petition to remove Pérez Molina's presidential immunity moves to Congress

On June 10th, Guatemala's Supreme Court unanimously voted to accept Congressman Amílcar Pop's petition to remove President Otto Pérez Molina's immunity. Pop is accusing President Molina of playing a role in the corruption scandals in the tax and health sectors, which were recently unveiled by the UN-backed International Commission Against Impunity in Guatemala (CICIG) – revelations that have led to widespread protests throughout the country and calls for Molina's resignation. According to the constitution, the Supreme Court was then required to turn the file over to Congress, where five members were selected at random to form an investigative commission. The President is being accused of concealment and illicit association.

With one Congressman from CREO, one from Molina's own Partido Patriota, and three from LIDER - a party which allegedly spent the last three years making deals with the current government to stack the judiciary – the commission is now tasked with determining whether sufficient evidence exists to recommend stripping the president of his immunity. While this would not necessarily lead to an impeachment, it would allow for a full investigation and could possibly lead to the President's resignation. 

Congressman Amílcar Pop appears before the Commission.
Photo credit: Prensa Comunitaria  
The Commission's final recommendation will be voted on in Congress, with 105 of 158 votes needed to pass. Congress can also vote to invalidate the recommendation and send the process back to the commission for further consideration. There is no set time limit for making the recommendation. Although the Commission has so far moved quickly and is set to hear Pop's arguments today (Tuesday, June 16), analysts warn that the process could drag on. The President has assured the public that he has no intention of stepping down and welcomes the investigation. 

Protests in the country continue, criticizing the behind-the-scenes maneuvers by powerful economic and political actors to gain control of the crisis and thus the outcome. Chants and posters frequently seen and heard at the demonstrations denounce the intervention by the U.S. Embassy, and call for respect for autonomy as people push for real, systemic change.

A woman holds a sign that reads, "Gringos: Mind your own business."
Photo credit: Nelton Rivera, Prensa Comunitaria
On June 2nd, President Molina and U.S. Ambassador Todd Robinson announced that the U.S. would provide polygraph tests for workers at the national tax agency. This announcement, together with the stark visual of Ambassador Robinson at the presidential podium with President Molina, has been seen as a strong signal of support for the embattled President, and has become a focal point in denouncing U.S. intervention in the country.

Ambassador Robinson with President Pérez Molina in June 2015
Photo Credit: Nómada
In an interview with Nómada published on June 10th, Robinson re-stated multiple times that he is “not in charge in Guatemala.” He gave this statement in response to questions about the message the public event sent at a moment when “nobody wants to be photographed with President Otto Pérez.” Robinson emphasized that the U.S. remains committed to combating corruption in Guatemala, with the billion-dollar Alliance for Prosperity at the center of its foreign policy strategy. The Ambassador revealed that the U.S. had “one word” in the resignation of Vice-president Baldetti, but maintained that it was primarily the decision of the President and the Guatemalan government. He stated that the U.S. government “is looking forward to working with [President Pérez Molina] during the rest of his period.” 

While the Embassy remains committed to Molina, popular support throughout the country is waning. For the eighth time last Saturday, thousands of people gathered throughout the country and in Guatemala City's central square to demand Molina’s resignation. Protestors also gathered last week outside of Congress to demand a speedy response from the Commission as they deliberate their recommendation to remove or maintain immunity. 

Background:

The joint CICIG / Public Prosecutor investigation into two separate corruption rings have resulted in the resignation of Vice President Roxana Baldetti and six cabinet members. So far, 42 people, including President Molina's former personal secretary and the head of the National Bank, have been arrested. The Public Prosecutor's office has carried out searches in three of the properties owned by former Vice President Roxana Baldetti under suspicion of illegal enrichment due to involvement in the La Linea customs scandal.

Monday, June 15, 2015

Accompanier Perspectives: Huehuetenango

Dear Family and Friends,

Thanks to those of you who’ve responded to my recent call for action in solidarity with political prisoners in Huehuetenango and for financial support in NISGUA’s successful May Match campaign! Those of you who’ve signed in support of the release of Saúl Méndez and Rogelio Velasquez will have your voices heard in the coming weeks as NISGUA’s partners in Madrid coordinate the presentation of the petition to Guatemalan embassies in North American and Europe.

It has been a while since I’ve reached out to you all with more substantive updates and reflections on my work as a human rights accompanier in Guatemala, but I’ve been thinking of you. Firstly, with the (bittersweet) excitement of knowing that I’ll be seeing many of you soon as I conclude my six-month contract this week and start to make my way back north. And secondly, with curiosity and hope in the histories converging in the current moment in both the U.S. and Guatemala that have provoked diverse forms of protest and commentary in response to the specific violences of institutionalized racism and corruption. 

Throughout the unfolding of what many are calling a “black spring” in the United States, I have been doing my best to stay well-informed and vocal from afar, but have learned that while social media helps me keep my anger current, it also affirms distance and lends itself to feelings of powerlessness. For this reason, I am especially looking forward to opportunities for shared, in-real-life reflection (and action) with those of you who’ve been directly engaging (as listeners, as actors) in the #BlackLivesMatter movement. Even from where I stand in Guatemala, it is clear that the questions we need to ask ourselves are difficult, the answers complex, and the stakes as high as they have always been.

Right now in Guatemala, the same is true. This spring, in the largest wave of popular protests since the signing of the Peace Accords in 1996, the population has demanded the resignation of public figures (including the president) believed to be linked to the crime syndicate “La Linea,” which compromised customs revenue by waiving import tariffs in exchange for bribes. The protests (connected by their shared usage of #RenunciaYa or #StepDownAlready) have led to the resignation of the vice-president last month (which analysts have also linked to the influence of the U.S. embassy and American economic interests) and have energized similar investigations aimed at undermining impunity. In a country where an indigenous majority experiences some of the deepest poverty in the region and where the current regime frequently cites a deficit for the deplorable conditions of its education and health systems, it is not surprising that the abuse of public funds has been met with unrest. 

#BlackLivesMatter and #RenunicaYa have emerged from distinct contexts and reflect varied objectives, but they have something important in common: a dawning recognition that the creation of a just present requires deep and critical engagement with the past. Beyond expressing just rage in response to specific instances of extreme police violence, #BlackLivesMatter protests address the pervasive reality of institutionalized anti-black racism as a direct legacy of African slavery in North America. Similarly, the diverse perspectives represented in #RenunciaYa question the meaning of democracy and peace since the signing of the Peace Accords and reflect a shared acknowledgement that today, as they have long been, terror and impunity are the rule in Guatemala, while justice is the illusive exception. 

So, what does all of this have to do with human rights accompaniment? 

While the theft of public funds by La Linea may seem petty in comparison to the genocidal violence exercised by the state against poor and indigenous Guatemalans for decades (and centuries), the scandal is emblematic of the institutional precarity that permits human rights abuses to thrive in Guatemala. Weak courts, racist police, and highly corruptible public officials are easily utilized by transnational companies to repress movements that challenge their extractive, exploitative logic. In the midst of #RenunciaYa’s unfolding, three more leaders of the resistance to hydroelectric development in Huehuetenango have been incarcerated, and over a dozen more have had warrants issued for their arrest. The most recent arrests bring the total number of political prisoners in the north of Huehuetenango to 9, with every organization that I’ve accompanied experiencing the threat of the incarceration of its leaders. 

While criminalization has intensified in my time as an accompanier (six new prisoners in six months), it is not a new phenomenon in Huehuetenango. In May 2012, five years after the people of Santa Cruz Barillas had unanimously refused the presence of extractive mega-projects in their territory in a consulta comunitaria, an activist who had vocally opposed the installation of two hydroelectric dams on the Cambalam River was murdered by the company’s private security. In the days following his murder, anticipating impunity, the people of Barillas rose up to demand justice for his death. The state responded with a state of siege, militarizing the city and its outlying villages, suspending civil liberties, and making massive arrests alleging destruction of company property and threats to its employees. For survivors of the internal armed conflict, the presence of the military was traumatizing; many took refuge in the forest, convinced that the war had started again, and some still suffer effects of post-traumatic stress. 

While military intervention in Barillas sought to terrorize a public in unrest, the justice system has sent clear messages about its take on the value of rural Guatemalan life and transnational private property. The employees of Hidro Santa Cruz who murdered Andrés Francisco Miguel have yet to be successfully sentenced three years after his death, while community leaders have spent months and years in pretrial detention accusations based on their leadership, and not in their proved participation in criminal activity. Often, it has taken years to close their cases even after they have been released for lack of proof or faulty investigations. 

In my last update, I introduced criminalization as a strategy for repressing and neutralizing social movements. In simple terms, criminalization literally makes activist leadership a crime. In the cases I’ve witnessed in my time as an accompanier, leaders have been charged as the intellectual authors of spontaneous protests that have demanded justice and accountability for state sanctioned violence. But many have actually played mediating roles in conflictive situations, attempting to minimize the risks that protesters take in expressing their desire for justice while maximizing the possibilities for dialogue. But the character of their participation is not of interest to prosecutors; their mere presence has made them the subject of criminal investigations. In some cases, being present isn’t even requisite for being charged.

The repressive impact of incarcerating leaders is made more effective by the issuing of arrest warrants against entire organizations and communities. While an arrest warrant does not guarantee an arrest, the threat of arrest may be even more debilitating to the capacity of movements to demand justice. The most recent arrests have been made in the capital, where leaders have traveled between 8 and 13 hours to attend hearings for their peers or file police reports against violent public officials. An arrest in the capital, as opposed to in rural Huehuetenago, sends a strong message: Leaving home means increasing risk of arrest, and the police knows when you leave home.

What’s more, these arrests have been highly public and visible to movements based in other regions, where the impact of criminalization is felt as well. Where I work in Huehuetenango, the impacts are palpable: Those with warrants live in fear of arrest and must navigate the need to limit their movement and participation as movement becomes more necessary than ever. The families of those incarcerated adapt to long, frequent, and expensive trips to capital cities to visit their loved ones, while living the consequences of a lost income, all while movements require their collaboration to build broad support for political prisoners. For indigenous campesinos especially, navigating legal spaces and processes is an uphill battle, and language barriers and ethnic discrimination often mean total exclusion. On the periphery, some still talk about seeking refuge. 

These are the kinds of conditions of abuse and threat that make human rights accompaniment a necessary and valued solidarity strategy in Guatemala, especially in Huehuetenango. As criminalization intensifies, the people I accompany have asked that we maintain our presence in the region and expand it into new spaces — to court rooms and prisons, and in activities where potentially criminalized activists risk arrest. More than anything, this has meant that my team and I have been present to observe the legal processes starting at the moment of incarceration, and that we’ve heightened our attention to factors of security that threaten the capacity of the people we accompany to live, work, and organize for their communities safely. 

In this context, it is clear that international accompaniment alone does not wield sufficient dissuasive power to prevent the unjust imprisonment of activists. Rather, as our presence continues to be felt and valued by the people who request it, we must think of ways in which accompaniment can support a variety of strategies for reducing harm while working to undermine exploitation and abuse.

On my last day as an accompanier, I observed the first hearing for the case of three leaders from Barillas who were arrested almost exactly three months before. The outcome of the hearing wasn’t positive; the judge denied the defense’s request to revise the charges in consideration of various irregularities in the investigation, and it remained unclear how long they’d have to wait for their next hearing. But as we left the courtroom, things got worse: another community leader who’d traveled from Barillas in support of his three compañeros was presented with a photocopy of a warrant for his arrest. Nearly two hours passed before he was presented with a legal version of the warrant, and we accompanied him as he was handcuffed and taken to the basement holding cells to await his arraignment. 

As I observed his entrance into the jail, I heard my name being called from a nearby cell, “Don Davíd! Aquí! Don Davíd”! The three men who’d had the hearing earlier that day were waiting to be transferred back to their long-term cell assignment in a nearby prison. They called me over to ask me questions about the arrest of their compañero, to advocate for the safest placement possible for him in the prison where’d they’d been held previously in Huehuetenango, and reached their hands up out of the dark cell to touch mine through the narrow bars. They smiled as I said goodbye.

While I reciprocated the joy of seeing them, the feeling was hard to sustain. I’ve never seen places so ugly and hopeless, so unapologetically violent, as the prisons where I’ve made visits in the last six months. It isn’t possible to witness the horror of mass incarceration without feeling some level of powerlessness and rage, without feeling exasperation with common sense notions of justice that rationalize such contempt for human life. I’ve been holding these feelings for several months now, perhaps longer, and I think those feelings are important, but I am so grateful for those smiling hands in the darkness reminding me that joy is necessary in survival.

There are lots of ways that I will remember my work as an accompanier, and there are many ways in which I intend to continue in its spirit in other contexts. I'll be transitioning back to my "normal" life in the next few weeks, but I feel more aware than ever that while working as a human rights accompanier has been a unique experience in my life, the ongoing work of shared survival is everyone's. That work didn't start six months ago and it doesn't end now. 

As always, thanks for sticking with me throughout my experience. 

In Solidarity,

David