A corruption scandal, a new Vice President and the largest mass mobilization in Guatemala’s recent history

Tens of thousands gather in Guatemala's central park to demand an end to impunity
and corruption. Photo credit: SkyCam Guatemala

A crime ring that defrauded the Guatemalan national tax collection agency (SAT) and customs office, and implicated high-level authorities in different government institutions all the way up to Vice President Roxana Baldetti’s private secretary, was dismantled on April 16th with the arrests of 22 people. Guatemala’s Public Prosecutor’s Office and the International Commission Against Impunity in Guatemala (CICIG) carried out the joint investigation, which immediately sparked massive and ongoing public protest and political crisis. The VP’s private secretary, Juan Carlos Monzón Rojas, is still at large.

While the investigation into the criminal network known as “La Linea”, has yet to explicitly name Vice President Baldetti, suspicions of her involvement in criminal activity were immediately raised after the arrest warrant for Monzón was issued while he was traveling with the VP in South Korea. Baldetti lied publically about her return to Guatemala from said trip and Monzón has been on the run ever since. On May 8th, after popular protests the size of which had not been seen in recent Guatemalan history and pressure from the powerful economic sector CACIF, Vice President Baldetti resigned. With resignation also comes the end of immunity for Baldetti, opening the doors to a full investigation into her involvement in the corruption case. 

The layers of corruption exposed by this investigation continue to unfold and have resulted in the arrest of three lawyers representing members of “La Linea” who are accused of influencing judicial authorities in order to guarantee impunity for their clients. For more information and analysis, see InSight Crime article “Guatemala Corruption Scandal Leads Investigators to Judicial Corruption” or from The Guardian, “Guatemala on brink of crisis after vice-president falls to corruption scandal”.

Reverberations of the “La Linea” corruption scandal have also been felt in other cases, including the April 30th request by the CICIG and Guatemalan Public Prosecutor’s office to withdraw Judge Carol Patricia Flores’ immunity from prosecution. Flores, whose rulings led to the current quagmire of Guatemala’s genocide case against Efraín Ríos Montt and José Mauricio Rodríguez Sánchez, is being investigated for money laundering, illicit enrichment and other crimes. Also caught up in the fallout of the current political crisis is head of the Ministry of Energy and Mines, Erick Archila, who resigned on May 15th. Archila is facing allegations of corruption, money laundering and anomalies in the granting of government contracts and is under investigation for his handling of contracts for the proposed Xalalá dam project. 

Guatemala's new Vice President: An old face from the extreme right

A little over a month after the scandal broke, Guatemala now has a new Vice President. President Pérez Molina, tasked with submitting a slate of three candidates to Congress, struggled to put together his list after two proposed candidates withdrew. In the end, Héctor Alejandro Baltazar Maldonado Aguirre was the last candidate to be added to the list and was approved by Congress. Maldonado Aguirre is not a new figure in Guatemalan politics, rather has a long history of representing the extreme right – a founder of the Movimiento de Liberación Nacional or the National Liberation Movement (MLN), a political party known for promoting organized violence and death squadrons during the 1960s-70s.

From there, Maldonado Aguirre went on to serve as the Guatemalan representative to the United Nations during the military government of Romeo Lucas García during which time the Guatemalan government worked hard to convince the international community that it was not participating in massive human rights violations. Maldonado Aguirre was later the Minister of Education during the military government of Carlos Arana Osorio and ran for president in 1982 as a candidate for the National Renewal Party, a slightly less extreme version of the MLN. He was finally elected as a member of the Constitutional Court in 1986-1991, returning again to the position in 2006 and reelected to the Court by Congress once more in 2011. 

According to Gustavo Illescas of Guatemalan Independent Media (CMI-G), “Thanks to his discursive capacity to present the ideas of the extreme right in a moderate way, Maldonado Aguirre has been called upon in various moments of his life to deflect the tensions that have been provoked by the violent actions of the State and during the political crises that develop as a result.” 

In Guatemala, these violent actions and political crises have often revolved around crimes committed during the internal armed conflict and the unwavering effort to bring those responsible to justice. Examples of Maldonado Aguirre's role as a “Fire extinguisher of Justice” are outlined in an article by CMI-G and include: delaying investigations for one year in the case for the 1998 murder of Archbishop Gerardi in order to protect Byron Lima Oliva, a member of the Presidential General Staff (EMP, Estado Mayor Presidential) and authoring the judicial resolution that allowed former General Efraín Ríos Montt to avoid extradition to Spain where he would have been tried for genocide and terrorism. 

After being reelected to the Constitutional Court again in 2011, Maldonado Aguirre played a key role in yet three more extremely controversial decisions, decisions that have had very real consequences on access to justice and the future of judicial independence in the country. First, voting to annul the historic genocide sentence in May 2013 and one year later, voting for the early removal of Attorney General Claudia Paz y Paz from her position. Finally in November 2014, Maldonado Aguirre voted to approve a judicial nomination process that was plagued with anomalies, in which both the CICIG and the US Embassy expressed serious concern about the trafficking of influences and the impartiality of the process. 

“Maldonado resolves crisis for the right. This is his trump card. In order to have been chosen [as Vice President] he had to have the approval of the US Embassy and of CACIF, and even though it means conservative groups are left without an important player inside the Constitutional Court, he will play an important role in the coming months of this crisis. It is doubtful, however, that this decision will be enough to deflate the protests programmed in various parts of the country for Saturday the 16th or to diminish the feeling of indignation that is blooming toward #OtraGuatemalaYa - #AnotherGuatemalaNow.” Gustavo Illescas, CMI-G.

A new Guatemalan Spring?

The series of protests sparked by the corruption scandal have been a spontaneous and massive expression of frustration in the capital and other parts of the country. Prior to the #RenunciaYa (Resignation Now) protests, the largest scale protests in recent years have been undertaken by indigenous and campesino groups and have lacked participation from the urban population. The first protest on April 25th took place in Guatemala City immediately following the announcement of the “La Linea” arrests, and it was estimated that between 15-25,000 people participated. This action was quickly followed by #RenunciaYa demands added to the traditional May Day marches, with another protest following on May 2nd. 

Sundown approaching and #Guatemala #RenunciaYa protestors continue to arrive pic.twitter.com/JeH4KG8h2e

— NISGUA (@NISGUA_Guate) May 16, 2015

The protest on Saturday, May 16th, was the largest popular protest in recent Guatemala history, with estimates ranging between 30-50,000 people in the capital alone. Protests also took place in at least 15 other Guatemalan cities, with reports of numerous international protests by the Guatemalan diaspora. These leaderless, popular protests have been compared to those of the “Guatemalan Spring”; massive popular mobilizations that took place during the resignations of military dictator Jorge Ubico and the subsequent de facto military government, and led to Guatemala’s first democratically elected governments of Juan José Arevalo and Jacobo Guzman Arbenz. 

It remains to be seen where the current wave of mobilization will land given the diversity of participation and demands, which range from accountability for corruption to total transformation of the political system of the country. What we know is that for the first in recent history, a wide swath of sectors that include business, academic and student, indigenous and campesino, human rights groups, as well as unaffiliated urban youth and citizenry, have come together to express outrage and desire for change. With information from Gustavo Illescas and Guatemala Independent Media (CMI-G)

Click here for more photos or here for a video from the May 16th protest.

UPDATES:  

May 20: Former private secretary to President Molina arrested in separate corruption scandal

In another joint CICIG/Public Prosecutor corruption investigation unveiled another scandal involving the national health system (IGSS in Spanish). So far, 17 high level functionaries, including the President of IGSS Juan de Dios Rodríguez, have been arrested. Rodríguez was Otto Peréz Molina's private secretary until the President nominated him to the IGSS position in 2013. 

Also arrested was the President of Guatemala's National Bank, Julio Roberto Suárez Guerra. Those implicated are believed to have defrauded the national health system of 116 million Quetzals, or roughly 15 million dollars through the granting of illegal contracts for treatments related to liver failure. The fraud ring is accused of negligence in the death of at least seven patients, according to complaints filed by Guatemala's Human Rights Ombudsman. 

May 21: Minister of the Interior, Mauricio López Bonilla resigns

One of President Otto Peréz Molina's most trusted cabinet members, Minister of the Interior, Mauricio López Bonilla, resigned this morning. Four additional members of the President's cabinet have also resigned, including Vice Minister of the Interior, Edy Juárez; the Minister of the Environment, Michelle Martínez; and the head of the Strategic Intelligence office, Ulises Anzueto (previously Peréz Molina's Minister of Defense), and the recently named Minister of Energy and Mines.

Bonilla, unike President Molina, has not been the specific target of calls for resignation, nor has he been so far connected to the numerous corruption scandals uncovered by the joint CICIG/Public Prosecutor investigations. His abrupt departure raises questions about the reasons behind the decision and what his future role may be in an increasingly uncertain political context moving toward national elections later this year.  

Interview with members of the Association for Justice and Reconciliation on the genocide retrial and suspension of proceedings

NISGUA sat down with several members of the Association for Justice and Reconciliation (AJR) to ask them how they feel about the genocide retrial and the events of January 5th, when lead Judge Jeannette Valdés was recused from hearing the case and the retrial was suspended. The departure of Judge Valdés means that the trial is suspended with no clear time frame for when the recusal issue will be resolved, leaving the process for justice for genocide once again in legal limbo.

How does the AJR feel about having to repeat the genocide trial despite the fact that a sentence was already given? What does the 2013 sentence mean for survivors?

Anselmo Roldán, AJR President: The AJR's search for justice has been tireless, and one that has taken place over many years. We have made many sacrifices in the name of demanding access to justice in Guatemala. And finally, after so many years, a verdict was reached after we - the victims - told the truth. The sentence was very encouraging and fell in line with all of the investigations that were done, the expert testimonies that were given, and with the recommendations made by the Commission for Historical Clarification (CEH).

For a long time, we stayed silent. It was like having a knot in our throats. We couldn't say anything. But when the trial happened, all of the witnesses told the truth. They talked about the reality they had lived, testifying to what happened during the armed conflict. Any weakness [in the process] rests with the institutions responsible for complying with justice. The failure is there. We know that we told the truth. 

There is already a sentence and for us, it means a lot. We've been put through a lot of run-around, not only by a judicial system that is not doing its job, but by the Guatemalan state. The political position is clear: they will not guarantee our [the survivors and witnesses] lives. They don’t guarantee us anything. They put our lives, the victims’ lives, in danger. But we still uphold the sentence and will continue to keep it alive until another court hears what we suffered and hears us tell the truth. We are ready to repeat the trial again, like we anticipated doing [on January 5th]. 

Julia Cortez, AJR former president and current spokesperson: The sentence doesn't bring back our loved ones, but at least it meant justice for the military high command who killed our loved ones. The trial already took place, but now we have to repeat it. The judges don't see the pain and the profound sadness of the survivors. A verdict was already given and so it is unfortunate that we have to return to trial again.

Juventino Caal, AJR member: This system has made a mockery of us by forcing us to return to this process again just because it doesn't want to ratify what has already been achieved. We are being excluded and obviously, don't feel triumphant, but we have to speak out against all of the corruption and impunity that exists in this country. We know that in Guatemala genocide took place. The whole world knows it, but the truth has been denied. But we haven't lost hope that we will win this process in the name of justice. This search for justice doesn't only benefit the victims and families but also benefits the youth and future generations that are still to come.

If we aren't able to convict the [intellectual] author of genocide in this country, we run the risk of repeating our history. We want to ensure that we never again experience the war we lived through.

How do you feel about what happened in the courtroom on January 5th?

Anselmo Roldán: In the morning, it seemed that the judges wanted to act impartially and in favor of justice instead of one group or the other. But in the end that changed. First, the judge said she was going to find the recusal [put forward by the defense] without merit, but afterwards, she ruled in favor. It's possible the court received threats. We don't know. 

We see the show that General Rios Montt put on, acting as though he were gravely ill, as a well-planned strategy. When the trial opened a year ago, he was very strong. It was only after he was convicted and sentenced to 80 years in prison that he started to show weakness. We don't believe that he became that sick, but instead that it is a lie meant to confuse the people of Guatemala and the international community. 

Do you have a message for the international community? 

Anselmo Roldán: Guatemala has the responsibility to comply with all of the international agreements that it is a signatory to especially as it relates to access to justice and the genocide case. We know that Guatemala won't comply with these laws without pressure from international institutions and embassies. We call on the international community to pressure the Guatemalan government to comply with these agreements.

Juventino Caal: I am very thankful for international accompaniment so that people realize we are not alone. I hope that there is more presence, more accompaniment, to observe this process. We are going to show the world that it is not only Guatemala bringing forward this process, but that many other countries are present as well. This support gives us an advantage. 

Julia Cortez: Accompaniment [of survivors] is always important because that is the only way we will know that we are supported. We continue to ask for more support and accompaniment.

Guatemalan organization express their solidarity with Yassmín Barrios

OUR SUPPORT FOR THE DIGNITY AND PROFESSIONALISM of HONORABLE JUDGE YASSMÍN BARRIOS

To the people of Guatemala and to the international community, we express our total indignation of the decision emitted by the ethics tribunal of the Guatemalan Bar Association that attempts to penalize Judge Yassmín Barrios Aguilar.

The Political Constitution of the Republic of Guatemala establishes in Article 203 that "The magistrates and judges are independent in carrying out his or her duties and are subject only to the Constitution of the Republic and the Law..." In the same article it indicates that: "No other authority can intervene in the administration of justice." We thus believe that the above-mentioned decision [of the Bar Association] goes against the Constitutional principles and puts the Guatemalan justice system at great risk.

By ignoring the principle of judicial independence and condemning a judge for exercising her constitutional duty, one of the fundamental pillars of the Rule of Law is made vulnerable.

Guatemala bore witness that during the trial for genocide and crimes against humanity, Judge Yassmín Barrios Aguilar was respectful of the law, despite the constant instances of disrespect and threats publicly expressed against her. Newspaper, television and radio publications provide evidence of who lacked respect and ethics, not only for the court and its presiding judge, but also for the people of the Republic of Guatemala, to whom justice is rendered.

We express our solidarity and recognition of Judge Yassmín Barrios Aguilar for her exemplary service to the Guatemalan justice system, as well as her long trajectory and hard work in defense of judicial independence.

We call on all judges to not give in to the intimidations, pressures and persecutions from sectors which, feeling powerful, want their actions to remain in impunity, and therefore seek the complicity of institutions that should be at the service of the nation and not [at the service of] perverse interests. 

The victims and survivors of genocide urge lawyers, professionals and the general public to speak out against this resolution.

Guatemala, April 7, 2014.

Association for Justice and Reconciliation - AJR, Association for the Integral Development of the Victims of Violence in the Vera Paz Provinces, Maya-Achí -ADIVIMA, Families of the Detained and Disappeared of Guatemala - FAMDEGUA, Truth and Justice Association - AVEJA, Truth and Life Association, Sanjuaneras Women's Association - AGIMS, Maya Lawyers Association of Guatemala, Departmental Association of Youth from Sololá -KAJI B'ATZ', Political Association of Maya Women - MOLOJ, Human Rights Law Office of Guatemala, Center for Forensic Anthropology and Applied Sciences - CAFCA, International Center for Human Rights Research - CIIDH, Center for Environmental and Social Legal Action - CALAS, Center for Human Rights Legal Action - CALDH, Collective Artesana, Campesino Unity Committee - CUC, National Coordination of Widows - CONAVIGUA, Genocide Never Again Coalition, National Convergence Maya Waqib'Kej, Religious Confederation of Guatemala - CONFREGUA, Christian Women's Council, Community Studies and Psychosocial Action Team - ECAP, Amancio Villatorio Foundation, Guilermo Toriello Foundation, Rigoberta Menchú Tum Foundation, HIJOS Guatemala, Guatemalan Institute of Comparative Penal Studies - ICCPG, DEMOS Institute, Monseñor Gerardi Movement, Maya Youth Movement - MOJOMAYAS, Women Transforming the World, Security and Democracy - SEDEM, The Human Rights Defenders Protection Unit - UDEFEGUA, National Guatemalan Women's Union - UNAMG

Interview with Judge Yassmín Barrios: “The door to impunity and corruption is being opened”

Interview originally published by El Periódico in Spanish. Translation by NISGUA.

Judge Yassmín Barrios
Photo: El Periódico

Judge Iris Yassmín Barrios, presiding judge of the High Risk Crimes Court A, refers to the decision handed down against her last week by the Ethics Tribunal of the Guatemalan Bar Association (CANG in Spanish), in which her professional duties are suspended for a year and she is fined Q 5,040.

Said sanction was motivated by [a complaint filed by] lawyer Moisés Galindo, who felt “humiliated” during the course of the genocide trial against former generals José Efraín Ríos Montt, former Head of State, and José Mauricio Rodríguez Sánchez, former Director of Military Intelligence.

What do you think about the decision of the Bar Association Ethics Tribunal?

-It is an unjust and illegal decision that exceeds its jurisdiction. The competent body to review and rule on judges’ actions is the Disciplinary Board of the Judicial Body. The Board is responsible for carrying out a review   in the instance that a judge commits an error, and can then emit a resolution.

If the Ethics Tribunal doesn’t have competence, what actions will be taken?

-In the coming days, you will hear about the actions that follow.

Lawyer Moisés Galindo argued that he felt humiliated when you ordered him to defend the accused (Efrain Ríos Montt)?

-There are many things that are important to clarify. In the first place, no one was ever humiliated. I’m very respectful of others, of their human rights and their jurisdictional activities. There are court proceedings, as well as videos, through which one can see that he was never disrespected.

Secondly, the Disciplinary Board already emitted a resolution related to these same events, in April of last year, in which it rejected the arguments. Also, during the trial  [the defense lawyers] presented grounds for our impeachment, but the arguments were declared irrelevant. Thus, the resolution emitted by the Ethics Tribunal is out of order.

You recently received recognition from the First Lady of the United States. Was it motivated by the genocide trial?

-No. It was in recognition of my entire career as a judge. I don’t know why people have focused only on this sentence. It’s necessary to review my entire career, the cases and sentences I’ve ruled on.

I’ve been a part of various court cases. For example, the case of the assassination of Monsignor Juan Gerardi, the case of Myrna Mack, the massacre of Dos Erres, the massacre of Plan de Sánchez, the case of Rodrigo Rosenberg, and a large quantity of assassinations, abductions or kidnappings. It is not just for [the genocide] sentence, it’s for my entire judicial career; I’m talking about 18 years. There are thousands of sentences.

It is believed that the Ethics Tribunal is politicized. What is your opinion?

-More important than what I could say, is the analysis that others make. What I can say is that I’ve never been lacking in ethics, that my actions are honest; I can keep my head high and know that I have never done anyone harm. What I have done is fight for the administration of justice and to return, to all Guatemalan citizens, the credibility of the [justice] system. I have demonstrated that there are still honest judges in the Judicial Body. That there are capable people, obedient only to the Constitution and the laws, to no one else.

What is at risk for the judicial system if the resolution is upheld and you are suspended for a year?

-What is at risk is judicial independence and the rule of law.  What does that mean? That anyone without grounds can go and accuse a judge in order to avoid being tried, that the door to impunity and corruption is being opened.

Judicial independence and the rule of law should be respected in our country. Punishing honest judges through illegal mechanisms shouldn’t be allowed because it deteriorates the justice system. No judge should be punished for his or her resolutions. Procedural appeals exist to respond to displeasure over a resolution. 

Judicial independence is a guarantee, not just for the judge, but so that the Guatemalan people can count on honest and dignified judges, to whom they can present their cases and be assured they are tried with adherence to the Constitution and the law without favoritisms, neither economic nor political. It is a guarantee for the people before it is a guarantee for the judge.