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." 

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.

President #OttoPérezMolina says to preserve the institutional integrity of the state & democracy, he will not be bullied into stepping down

— NISGUA (@NISGUA_Guate) August 24, 2015

Estas fueron algunas de las declaraciones del Presidente Otto Pérez Molina. ¿Qué opina del mensaje qué envió? pic.twitter.com/PmOYFWRiaP

— Emisoras Unidas 89.7 (@EmisorasUnidas) August 24, 2015

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.

Protestors also demand election law reforms: In these conditions, we don't want elections! #RenunciaYa #JusticiaYa pic.twitter.com/sD9OvaSWEl

— NISGUA (@NISGUA_Guate) August 23, 2015

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.

En escuchas donde se identifica al Presidente, la fiscal indica “son inevitables porque no se le tiene intervenido el teléfono a él 1/2

— MP de Guatemala (@MPguatemala) August 24, 2015

Pero él se comunica con la estructura criminal, con quienes si se tiene la intervención telefónica y si lo escuchamos”. 2/2

— MP de Guatemala (@MPguatemala) August 24, 2015

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.

Ríos Montt ordered to undergo a full psychiatric review

"We can't allow the massacres in our communities to remain in impunity. We've already achieved our sentence, but we're ready for it to be declared a second time because we know there was genocide." - Julia Cortéz, spokesperson for the Association for Justice and Reconciliation (AJR), plaintiff in the genocide case.

Questions surrounding ex-general Ríos Montt's health and mental capacities took center stage on Thursday during attempts to restart the Guatemala genocide trial, ending in a court order to intern the former dictator for ten days at the Federico Mora psychiatric hospital. Judge María Eugenia Castellanos, president of the High Risk Crimes Court Tribunal B, ordered Ríos Montt to undergo a physical and psychiatric review to determine whether he is mentally fit to be re-tried. This order was undermined by a series of legal actions by the defense; the first, a habeas corpus filed with a separate court, which halted the transfer scheduled for Saturday, July 25. Ríos Montt was eventually granted the right to be evaluated in a private facility.

The July 23 decision came after 8 hours of fits and starts in the proceedings due to a procedural delay in the morning, multiple defense arguments that the ex-general was unable to move or stand trial and technical problems with the internet teleconference in Ríos Montt's home. The Public Prosecutor slammed the INACIF (National Forensic Institute) report issued two weeks ago, claiming Ríos Montt is unfit to stand trial, or even be re-evaluated. The report describes that at the time of the evaluation, Ríos Montt was under the influence of medications which could present a serious health risk to the 89-year old, including Olanzapine (anti-psychotic), Tramadol (opiod) and Valdure (analgesic). Other anomalies in the INACIF report were the use of a psychological and not psychiatric methodology, and that Ríos Montt’s private physician and his daughter, presidential candidate Zury Ríos, were the only people present at the evaluation.

After a long deliberation, the tribunal ordered the ten-day internment at the state-run mental health facility for a full physical and psychiatric evaluation. That Ríos Montt was ordered to Federico Mora, a state mental health facility with a reputation for its poor conditions, caused surprise in the courtroom.

That Saturday morning, the Public Prosecutor and National Police arrived at Ríos Montt’s home to carry out the order issued by Tribunal B. However, the defendant’s lawyers appeared with notification of a last-minute habeas corpus, provisionally approved by the Femicide Appeals Court, which sought to prevent his transfer by requesting a personal appearance in court. The same Femicide Court rejected the request just four days later, but the defense immediately filed and was granted another appeal with a separate court that once again stalled Ríos Montt's transfer to the state facility and instead ordered his internment in a private hospital.

All parties went back to court on August 4 at which time the Tribunal B upheld the ruling by the lower court by agreeing to allow Ríos Montt to be evaluated at a private facility. In a hearing scheduled for August 18, the Tribunal B will evaluate the results of the new psychiatric examination and determine if Ríos Montt is mentally fit to stand trial.

UN CICIG chief: If judicial system doesn't assume responsibility, MP & CICIG efforts can do little vs corruption https://t.co/gsLEULXpYV

— NISGUA (@NISGUA_Guate) July 26, 2015

This is the second attempt to restart the trial after the Constitutional Court overturned the 2013 verdict sentencing Ríos Montt to 80 years in prison for crimes against humanity and genocide against the Ixil people. Judge recusal motions and claims that Ríos Montt is unfit to stand trial have been the primary strategy of the defense in stalling the opening of the second public hearing. Until the issue of Ríos Montt’s evaluation is resolved, the 2nd public hearing of the genocide is stalled.

For more information about the INACIF report, read the response from survivors after the report was issued.

Ongoing accompaniment and international observation is being requested by both the survivor organization and their legal teams for the re-trial. 

NISGUA, through the international coalition ACOGUATE, has provided human rights accompaniment to the witness' organization, the Association for Justice and Reconciliation since 2000. Follow NISGUA_Guate on Twitter for live updates.

In wake of Guatemala corruption scandals, Tahoe Resources’ Escobal license faces legal challenge

On July 12, 2015, the Guatemalan Center for Environmental and Social Legal Action (CALAS) filed criminal charges against former Minister of the Ministry of Energy and Mines (MEM), Erick Archila, and former mines director at MEM, Fernando Castellanos. CALAS is accusing Archila and Castellanos of violating the Constitution and for breach of duty for having granted Tahoe Resources an exploitation license for the Escobal project without adequate consideration of more than 250 community complaints against the project. CALAS called on the UN-backed International Commission Against Impunity in Guatemala (CICIG) to fully investigate the Escobal licensing process, citing Archila's possible involvement in influence trafficking and illicit enrichment.

CALAS’s complaint reflects ongoing and widespread opposition to mining in Santa Rosa and Jalapa, which the government and company alike have ignored. Beginning in December 2011, more than a year before MEM granted Tahoe Resources its license, residents from various communities in Santa Rosa and Jalapa began filing administrative complaints against the project, according to provisions within Guatemala's mining law. The complaints, over 250 in all, expressed opposition to the project based on anticipated environmental impacts, which would violate residents' rights to water and to live in a healthy environment. 

According to the mining law, MEM is required to hold a hearing with the affected individual and the mining company in order to resolve each complaint. However, on April 3, 2012, less than one hour before the press conference when the approval of Tahoe’s exploitation license was announced, all of the complaints were dismissed.[1] CALAS argues that the Escobal license was therefore granted illegally and in violation of constitutional rights.[2] In May 2013, they initiated legal proceedings to repeal MEM's decision.[3]

On July 23, 2013, the Civil and Mercantile Division of Guatemala's First Court of Appeals decided in favor of the communities, upholding the appeal and putting the legality of the Escobal exploitation license in question. Tahoe Resources' Guatemala subsidiary Minera San Rafael appealed the decision, sending the case to the Constitutional Court. A final decision is pending. 

The recent charges come in the wake of an ongoing political crisis in Guatemala sparked by joint CICIG and Public Prosecutor investigations that revealed rampant corruption in the social security and customs offices, as well as in the judicial system and Congress. So far, 42 people, including President Molina's former personal secretary, his general secretary and the head of the national bank, have been arrested. Vice President Roxana Baldetti resigned on May 8 under suspicion of illegal enrichment and Congress is considering stripping Otto Perez Molina of his presidential immunity. Former MEM Minister Erick Archila resigned on May 15 and is facing allegations of corruption, money laundering and anomalies in the granting of numerous government contracts.

[1] Prensa Libre, “MEM inválida oposiciones en Santa Rosa” (5 April 2013), online:

[2] La Hora, “Tensión por proyecto minero en San Rafael Las Flores” (10 April 2013), online: http://www.lahora.com.gt/index.php/nacional/guatemala/actualidad/176076-tension-por-proyecto-minero-en-san-rafael-las-flores

[3] El Periodico, “Despues de recibir ataques, CALAS anuncia acciones legales contra mina” (4 April 2013), online:

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.