Security and Justice Sector Reform Project Quarterly Report (April 1 – June 30, 2016)

The criminal investigations that led to the resignation of former president Otto Pérez Molina and former vice president Roxana Baldetti Elías continued this quarter. The legal process revealed a criminal network led by these former leaders with the objective of co-opting State goods. The new case, called "Cooptación del Estado," revealed that both Pérez Molina and Baldetti Elías used the Patriot Party as an illicit political-economic network to access power and institutional control to their benefit. According to the evidence presented by the Public Ministry (MP) to the Judge of High Risk Court B, the former leadership had obtained at least Q.300 million (approximately $39 million) as a result of related crimes. These investigations, along with others such as "La Linea" and "Negociantes de la Salud," the capture of three ex-presidents of Congress and various ministers, the impeachment of various congressmen and magistrates of the Supreme Court (CSJ), and the arrest of businessmen and bankers who had given millions of quetzals via illegal electoral financing, further pushed public opinion toward establishing a clear agenda in the fight against corruption. The Guatemalan citizenry accompanied this process via peaceful protests in support of the work of the MP and the International Commission Against Impunity (CICIG), and in favor of laws that contribute to the fight against corruption and impunity and the strengthening of the security and justice system. In response to popular demand, the presidents of the three branches of government publicly launched a call for a National Dialogue toward Judicial Reform in Guatemala. The objective of the Dialogue is to promote discussion, approval, and implementation of constitutional and legal reforms to the justice system that will contribute to strengthening judicial independence and combating corruption and impunity. The Technical Secretariat of the Dialogue prepared a reform document, which was discussed this quarter during five national-level activities. It is expected that the results of the Dialogue will be presented next quarter, with the goal of proposing a reform to Congress. The principal areas of the justice reform are: i) judicial independence; ii) recognition of judicial pluralism; iii) strengthening of the MP career; iv) access to justice; and v) immunity for public officials. The Supreme Court also faced intense controversy and change this quarter. Magistrate Vladimir Aguilar, implicated in one of the corruption cases, resigned from his position, and Magistrate Douglas Charchal requested leave to resolve his own legal situation. On June 24, Congress named María Eugenia Morales to assume the position left open by Aguilar. Charchal's position is currently covered by an alternate from the Appeals Court. These implications further confirm calls by civil society organizations to oversee and improve the system used to elect judges and magistrates. Despite a greater focus on the justice sector, financing for these institutions has fallen short, leaving them unable to fully carry out their work. Lack of budget has impeded the growth of justice sector coverage throughout the nation, the presentation of expert testimony based on scientific proof, and the hiring of sufficient defense attorneys, to name a few examples. This has motivated diverse national sectors and the international community to plant the need for an increase in taxes or the development of a new tax destined specifically to strengthen the justice sector. Given these financial circumstances, Congress issued the Law for the viability of budget execution and replacement of sources of financing of the general budget from revenues and expenditures of State for Fiscal Year 2016 and provisions for Professionalization and the Public Administrative Career. However, in practical terms, the law regulates the replacement of the funding source; for example, if the budget was planned according to funding from tax revenue, it was changed to public debt. As a result, there is no true increase in budget for justice sector institutions. The Security and Justice Sector Reform Project (SJSRP or Project) operated in this environment, with the goal of strengthening the security and justice system in Guatemala. The project focused on several key areas, including the development of a comprehensive attention system (Sistema de Atención Integral, SAI), the strengthening of the Public Ministry (MP) career, and the promotion of judicial independence. The project also worked to improve the capacity of the National Civilian Police (PNC) and the National Institute of Forensic Science (Instituto Nacional de Ciencias Forenses de Guatemala, INACIF). The project's quarterly report highlights several key achievements, including the completion of a training program for judges and magistrates, the development of a new policy for the use of forensic science in investigations, and the establishment of a new unit within the PNC to focus on combating organized crime. The report also notes several challenges, including the lack of budget for justice sector institutions and the need for greater coordination between different branches of government. Overall, the Security and Justice Sector Reform Project in Guatemala is working to strengthen the security and justice system in the country, in response to a new context for security and justice since May 2015. The project