CICIG’s Achilles Heel: Suggestions for Reforming the Guatemalan Judiciary

In 2015, an innovative institution in Guatemala—the International Commission Against Impunity (CICIG)—got a lot of attention (including from me on this blog). Among CICIG’s triumphs last year were the resignations and arrests of former Guatemalan President Otto Perez Molina and Vice President Roxanna Baldetti on corruption-related charges following a Guatemalan Spring of sorts. Perez was formally charged in December with illicit association, customs fraud, and bribery. He maintains his innocence, claiming to be a scapegoat and arguing that nothing has changed about corruption in Guatemala except that he is now in jail. Unfortunately, without major changes he is likely to be right on the latter point. To be sure, removals of corrupt leaders like Perez and Baldetti are victories. But while Perez’s fall from grace and the general outpouring of public anticorruption sentiment in Guatemala are cause for great optimism, there is reason for trepidation as his case moves toward trial this year.

The reason is a decade-old compromise made during CICIG’s founding based on national sovereignty concerns. A Guatemalan court ruled that CICIG would be unconstitutional if empowered to try cases outside of the Guatemalan judicial apparatus. As a result, the success of CICIG and its proposed spin-offs remains inextricably tied to the strength of domestic institutions. CICIG can investigate and support prosecutorial efforts, but must rely on the domestic judiciary to hear its cases. Unfortunately, domestic governments across Central America remain notoriously corrupt. Even after a decade of CICIG’s efforts toward capacity building, the Guatemalan government is no exception. The Guatemalan court system is largely defined in Guatemalan citizens’ political consciousness by its inability to obtain convictions in important cases. Reform of the judiciary must be a central focus of anticorruption efforts going forward. The following challenges should be prioritized: Continue reading