Showing posts with label Attorney General. Show all posts
Showing posts with label Attorney General. Show all posts

Tuesday, May 6, 2014

Human Rights Convergence statement on the Attorney General nomination



The pact to maintain impunity consolidates with the nomination for Attorney General
The Human Rights Convergence states:

The director of the Public Prosecutor’s Office is a key and decisive position to guarantee that justice is done and that it is swift. With Doctor Claudia Paz y Paz Bailey at the head of the Public Prosecutor’s Office, meaningful steps were taken in recuperating the Office’s ability to undertake criminal persecution. The Nomination Committee for candidates for the Attorney General position missed an opportunity to advance [these steps]. Instead of offering the Guatemalan society a quality nomination, it presented a list that does not guarantee that this is achieved.

The list of candidates put forth by the Nomination Committee seeks to consolidate a pact to maintain impunity. It is a pact pulled together in the shadow of impunity, by structures responsible for grave human rights violations, sectors of the traditional economic power of the oligarchy and sectors of organized crime.

In the hands of deans, the majority of whom prevail from private universities, the President of the Guatemalan Bar Association and its Ethics Tribunal, the decision was made to form a list of applicants that does not comply with the minimum standards required for candidacy.

During nearly two months, the Nomination Committee joined in the perverse game, mounting a spectacle in which criteria was defined for rating the candidates’ qualifications, including requirements for work plans, education levels and interviews; criteria that was not respected in the end. [The Committee]  flagrantly violated the right to petition exercised by more than six thousand citizens, whose demand [that Paz y Paz be included in the final list of candidates] was illegally dismissed.

Therefore, the list of candidates that was approved and delivered to the President of the Republic includes people who have been sanctioned by the Human Rights Ombudsman’s Office, people lacking experience in criminal proceedings, people linked to the executive office, as well as people linked to private companies, among other shortfalls required for the position.

By presenting this list of candidates, which left out the only Attorney General who has demonstrated leadership in the pursuit of justice, the Nominating Committee has inflicted grave damage on Guatemalan society.

Thus, we reiterate our commitment to the pursuit of justice and we call on all Guatemalan citizens and the international community to uphold the rule of law and respect for human rights in Guatemala.

Guatemala, April 30, 2014

Monday, February 10, 2014

Organizations denounce high court decision to remove Attorney General Paz y Paz

Guatemalan Attorney General Claudia Paz y Paz
Photo: Ministerio Público

Last week Guatemala's Constitutional Court (CC) emitted a provisional ruling stating that Attorney General Claudia Paz y Paz should end her term in May 2014, seven months before schedule. Friday, the CC dismissed an appeal by Paz y Paz to reconsider its ruling.

US Ambassador to Guatemala, Arnold Chacón, immediately released a statement last week announcing that the US Embassy was closely reviewing the ruling and declared: “My government is privileged to have worked with a partner like Dr. Paz y Paz.”

Today, human rights and civil society organizations gathered to express their support for Attorney General Paz y Paz and to call on Congress to uphold the law despite what many consider to be another illegal decision by Guatemala's highest court.

Protest outside Congress Photo: CPR Urbana




Translation by NISGUA

THE CONGRESS OF THE REPUBLIC
SHOULD NOT OBEY ILLEGAL ORDERS!

Article 156 of the Political Constitution of the Republic of Guatemala clearly states that: “No official or public employee, civilian or military is obligated to carry out orders that are manifestly illegal or that imply committing a crime.”

By granting a provisional decision based on false facts, the Constitutional Court is committing the crime of malfeasance (breech of legal duty) typified in the Penal Code: 

“Article 462. Malfeasance. The judge, knowingly dictating resolutions contrary to the law or based on false facts, will be sentenced to prison for two to six years.”

As it has been exhaustively analyzed, the Attorney General of the Republic was named for a period of FOUR years on December 9, 2010, which means her period LEGALLY ends on December 9, 2014.

Any contrary decision is illegal and the judges that support such a decision are committing an illegal act outside of the law.

ENOUGH CORRUPTION AND IMPUNITY!
RESPECT THE ATTORNEY GENERAL'S CONSTITUTIONAL MANDATE!

Citizens for dignity and against corruption and impunity


2/11/14 Update: Yesterday afternoon Congress approved the creation of the committee in charge of nominating candidates for the Attorney General office to replace Paz y Paz in May. While 94 Congress deputies voted in favor, many expressed to Guatemalan media that their vote was a reasoned vote, influenced by outside pressures to comply with the Constitutional Court's resolution.