The CICIG and its accomplishments
The CICIG was officially established in Guatemala with the signing of the Peace Accords to dismantle clandestine illegal, undercover fighting units. Castresana, in a discussion at the Open Society Institute in April, 2010 cited several reasons why the CICIG was effective: it was established as a permanent declaration of the will of the Guatemalan state; it is based in-country; and it is an international and domestic partnership designed to strengthen institutions. The CICIG is designed to work alongside Guatemalan police officers, detectives, lawyers and judges to ascertain why it is that they cannot do their jobs effectively, and take strong steps to remove barriers to smooth functioning of the justice system. On an optimistic note, Castresana added that there are indeed, good cops, prosecutors and judges in Guatemala, it is only a matter of identifying them.
While Castresana served as commissioner, the CICIG brought 30 policemen to train 40 more, while an additional 30 received special training in wire-tapping. It also added a special new prosecution office. The organization put 16 projects before the national congress, including courts of expanded jurisdiction, which would increase the state´s ability to protect judges in rural areas. The organization laid the groundwork for the administrative firing of 2,000 corrupt police officers, as well as the attorney general and 10 prosecutors, the removal of three justices, and the dismissal of 20 appeals courts magistrates. among others. The CICIG brought down some of Guatemala´s most visible untouchables, including Alfonso Portillo, the ex-president accused of diverting millions of dollars in public funds to his personal bank accounts and then fleeing the country. The Minister of Defense, the Minister of Finance, two Directors of the National Civil Police force (PNC), and the the national drug squad, as well as the son of ex-president Rios Montt have all been accused and dismissed from their posts as well. While Honduras languished in political turmoil, the Guatemalan state stayed afloat as the CICIG conducted the investigation into the Rosenberg case, in which a murdered lawyer accused President Colóm, First Lady Sandra de Colóm, and the President´s private secretary, Gustavo Alejos of responsibility for his death. From the Portillo case, Castresana highlights how the judges, in spite of threats that their families would be kidnapped, continued on with the extradition. In the Rosenberg case, Castresana highlights the speed with which 300 officers operated simultaneously to arrest 10 people in 4 different cities in the country. Castresana noted that the continued work of the CICIG in Guatemala would require the designation of roles and responsibilities to individual offices, and the consolidation of a friendly environment that would leave Guatemala with reliable public servants.
What happened?
During the process of appointing the next attorney general, the CICIG advised President Colóm on the history and integrity of each of the candidates, though Castresana´s particular feelings about the initial appointment of Reyes are difficult to come by. With his resignation, Castresana officially declared that Reyes has a history of corruption and links to organized crime. Upon taking his post, Reyes hired some suspicious characters linked to Carlos Quintanilla, the ex-chief of the Office of Administrative Affairs for Security, that is currently under investigation for spying on the President. These shady wire-tappers were immediately put in charge of listening in on the calls of suspected leaders of drug cartels within the country. Castresana has asked the President to dismiss Reyes, though his appointment remains up in the air.
Since the resignation, social activists like Helen Mack and Rigoberta Menchú demanded office with the President to express their solidarity and support of Castresana´s call to dismiss Reyes. Reyes has declared Castresana´s accusations unfounded and irresponsible. He claims he tried often to set up a meeting with the commissioner, but was ignored. Reyes laments that Castresana "enjoys diplomatic immunity, because he could be tried for a number of crimes, including sedition, false accusation, and violation of the constitution." The last crime harkens back to a familiar criticism of the CICIG. Partido Patriota, the political party of Otto Pérez Molina that lost to Colóm´s UNE in the last presidential election and is known to negotiate with paramilitary groups in rural areas claims that the CICIG is unconstitutional, because it is a governing organization imposed upon Guatemala by the international community.
The CICIG is a partnership, and Castresana defended his resignation by stating that Guatemala had not held up its end of the bargain. The August 2009 capture and following extradition of Portillo raised fears among criminal bands that their impunity was in jeopardy, and they joined together in action.
Castresana reports that forces against justice exist within the government itself. Representatives in the legislature have frozen 11 proposed initiatives that would enhance justice and security. They approved Q4,500,000 in bonuses from the Treasury, while cutting the budget for security and justice.
Castresana defends that the reason for his resignation is the defamation campaign visited upon him by bands of corrupt lawyers and criminals that realize the threat that CICIG poses to their impunity. I imagine that Castresana has received many threats against his person and family, and that the infiltration of these criminal bands into his investigation not only endangers the fight against impunity in Guatemala, but also shows him that his status as an international advocate for security and justice does not make him untouchable. It appears that there is a rat within the CICIG that is leaking information that threatens both the investigation, as well as Castresana´s personal security.
Now What?
Ban Ki Moon has thanked Castresana for all that he has done for Guatemala, and assures the country that a fitting replacement will be chosen soon. However, the resignation of Castresana is a significant blow to the confidence of the Gautemalan people in the fight against impunity. It remains to be seen whether anyone will truly be able to cleanse the security forces and the justice system.
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