Human rights officials and activists have warned that the rule of law in Guatemala is under threat after a UN-backed special prosecutor was banned from re-entering the country – the latest in a series of clashes between the government and an international anti-corruption commission.
The country’s human rights ombudsman, Jordán Rodas, said in a statement on Tuesday that the government’s actions destabilize the rule of law, and expressed his dismay at “the arbitrary measures of the Government of the Republic that undermine democracy”.
Anti-corruption activists fear that the pioneering anti-corruption work of the UN-backed International Commission Against Impunity in Guatemala, Cicig, is now at risk.
Guatemala’s current president, Jimmy Morales, and his family are also the subject of multiple corruption investigations. On Friday, Morales announced he would not renew Cicig’s mandate, which ends in September 2019.
A staunch US ally, Guatemala was one of the handful of countries that backed Trump’s decision in December to recognize Jerusalem as the capital of Israel and moved its own embassy to the city just two days after the US relocated its diplomatic mission.
In the past, the US has been among Cicig’s strongest supporters, but it has not clearly condemned Morales’s recent attempts to derail the commission’s work. In May, Senator Marco Rubio placed a hold on $6m of US funding to Cicig, claiming the panel was being manipulated by radical elements.
Cicig’s success in bringing down corrupt officials, judges and lawyers has soared during the five-year tenure of the head commissioner, Iván Velásquez.
But on Tuesday, the government announced that Velásquez, currently in the US, would not be allowed back into the country, alleging that he was a threat to order and public security.
“The decision to declare Cicig commissioner Iván Velásquez as a threat to national security is an absurdity. The only threat to national security is the arbitrary and illegal action of a ruler accused of accepting illegal financing,” Iduvina Hernández, the director of the Association for the Study and Promotion of Security in Democracy in Guatemala, told the Guardian.
Morales, a former TV comedian, has been accused of illicit campaign financing during his 2015 run for president and is currently facing proceedings in congress that could strip him of his immunity from prosecution, though previous attempts to do so have failed.
Last year, Morales declared Velásquez persona non grata, but a successful constitutional court challenge filed by the ombudsman Rodas reversed the measure.
Oswaldo Samayoa, a constitutional lawyer and university professor, considers the ban of Velásquez to be a violation of the 2017 ruling.
“It’s a violation of the principle of constitutional legality. It involves the disobedience of the president and therefore a crime has been committed,” he told the Guardian.
The opposition congresswoman Sandra Morán shares the widespread view that Rodas and the constitutional court are the targets of legislative reform under consideration this week in congress. The reforms would transfer powers from the supreme court to congress that can facilitate the ousting of officials, including constitutional court judges.
“If they replace one judge, the balance of power shifts,” Morán told the Guardian. “It would mean that they would have total control.”
Guatemala has a long history of authoritarian rule, particularly during a 36-year armed conflict in which US-backed state forces carried out acts of genocide against the indigenous Mayan population. Despite a 1996 peace deal, the conditions that led to the conflict remain, and the country’s fraught peace has been plagued by organized crime, drug trafficking, violence and corruption.
The UN secretary general, António Guterres, asked Velásquez to continue at the helm of Cicig from outside Guatemala until there is more clarity on the situation, the UN said on Tuesday.
But Jorge Santos, the director of Udefegua, a national human rights group, warned that there is a danger that Morales could disregard, dissolve or otherwise attack the constitutional court.
“Right now in the country there’s a really major risk of a return to the old patterns that gave rise to the Guatemalan dictatorship,” he said.
The administration’s silence empowers President Jimmy Morales to continue ruling with impunity.
When President Jimmy Morales of Guatemala announced last monththat he would not reauthorize a joint United Nations-Guatemala anticorruption commission to remain in the country, he set in motion what some are calling a slow-motion coup.
The International Commission Against Impunity in Guatemala, known as Cicig, has been operating there since 2007. In the mid-2000s, Guatemala was on the verge of becoming a narco state — and Cicig’s international prosecutors and investigators, and their Guatemalan counterparts, were tasked with fighting organized crime and ending the institutional impunity that gave free rein to powerful criminals and corrupt officials.
Cicig has become especially effective since Ivan Velazquez, a renowned Colombian prosecutor, was appointed commissioner in 2013. In the last five years, more than 60 criminal groups, many deeply embedded in the government, have been exposed, and some 680 people have been jailed for corruption and related crimes.
President Morales, a former television comedian, is widely regarded as corrupt. His government is backed by a so-called juntita of retrograde military officers and a bloc in the Guatemalan Congress derisively known as “el pacto de corruptos” for its efforts to pass legislation granting members impunity from prosecution for corruption and other crimes.
Cicig has been investigating Mr. Morales for accepting undeclared campaign contributions, and the commission recently asked Congress to lift his immunity from prosecution. In response, Mr. Morales not only refused to extend Cicig’s right to operate in the country, but he sent armed military vehicles to the United States Embassy to intimidate the American ambassador, who publicly supports Cicig.
Last week, Mr. Morales went on to bar Mr. Velazquez, who was in Washington for meetings, from re-entering the country. On Sunday, Guatemala’s Constitutional Court ruled that Mr. Morales had to readmit Mr. Velazquez. The Morales government responded by demanding that the United Nations nominate a new commissioner.
The United States supplies 40 percent of Cicig’s funding, and historically Cicig has received firm support from American presidents, both Republican and Democratic. But as tensions have risen between Mr. Morales and the commission, the Trump administration has been too quiet.
The administration’s tough-talking foreign policy chiefs — including President Trump’s national security adviser, John Bolton — are not standing up to a leader who faces credible accusations of corruption and is aggressively defying a United States ambassador.
The administration’s silence helps pave the way for a possible coup, and chaos and violence that would most likely result. One firm step by the Trump administration could be enough to stop Mr. Morales’s dangerous gambit. Mr. Trump or his lieutenants could
- join the United States Congress in threatening to cut off economic assistance to Guatemala. They could
- slash military aid. They could
- reiterate their support for Cicig’s anticorruption work, including its investigation of Mr. Morales.
Some commentators say that the Trump administration wants to reward Mr. Morales for moving the Guatemalan Embassy in Israel to Jerusalem. Others speculate that Mr. Trump’s advisers fear provoking Mr. Morales into swapping American patronage for that of China.
But it’s important to remember why Cicig was founded. In the post-civil war period, elite Guatemalan military officers, politicians and other powerful groups and individuals, recognizing that the era of Cold War American largess and unconditional support was over, found a new master: organized crime.
And the country remains a key transit point in the drug corridor between Colombia and Mexico. As recently as 2014, the State Department estimated that as much as 80 percent of the cocaine that eventually reached the United States passed through Guatemala.
An international solution is needed to fight transnational crime. This insight led to the establishment of Cicig.
The American ambassador to the United Nations, Nikki Haley, wrote in a Sept. 10 article for CNN: “Corruption spurs revolutions, enables extremist groups and fuels civil wars. Combating corruption is not just about good governance, it’s about maintaining peace and security.”
Those are important words. But when it comes to Guatemala, the Trump administration appears to have a different standard. Instead, in his silence, Mr. Trump is embracing corruption and organized crime.
The week before Christmas may go down as the strangest and most revealing of Donald Trump’s presidency.
Over just a few days, his sheer
- venality and
were laid bare. But it was also a time for Trumpian good deeds that allowed us a glimpse at how he might have governed if he had been shrewder — and had a genuine interest in the good that government can do.
.. Let’s start with his display of gangsterism and utter indifference to the law in a tweet Sunday calling his former lawyer Michael Cohen a “Rat” for telling the truth about various matters, including his dealings with Russia to build a Trump tower in Moscow and the president’s payoffs before the 2016 election to hide his alleged sexual conduct.
“Rat,” as many have pointed out, is a legendary organized-crime epithet, and we really are gazing at something like the Trump Family Syndicate. On Tuesday, the New York state attorney general, Barbara Underwood, forced the closure of the Donald J. Trump Foundation for what she described as “a shocking pattern of illegality.” She said the foundation functioned “as little more than a checkbook to serve Mr. Trump’s business and political interests.”
And, yes, this was an all-in-the-family thing. The foundation’s board consistedof Trump himself, his three adult children and the chief financial officer of the Trump Organization, Allen Weisselberg. Incidentally, if you wonder why Trump hates the media so much, consider that it was the painstaking work of The Post’s David Fahrenthold that first blew the lid off Trump’s scamming disguised as charity.
.. But that wasn’t all. Two reports commissioned by the Senate Intelligence Committee made it abundantly clear that Trump was Vladimir Putin’s preferred candidate in 2016 — and remained Putin’s guy after he won.
This is a key civil rights issue of our time. (Voting rights is another, and on this problem Trump is pushing entirely in the wrong direction.) The long sentences the new law would roll back hit African Americans the hardest. That’s particularly true of the disparity in the treatment of crack and powder cocaine sellers that the legislation would mitigate.
It’s often observed that Trump has few discernible political principles. A problem in many respects, this did give Trump enormous flexibility when he came into office. What if he had governed in other areas with the same eye toward bipartisan agreement that led him to criminal-justice reform?
Imagine a big infrastructure bill or a far less regressive approach to tax reform. Democrats would have been hard-pressed not to work with him. Instead, Trump just kept dividing us and stoking his base. He lazily went along with traditional conservatives on taxes and corporate lobbyists in the regulatory sphere because governing was never really the point. And now, he is reaping the whirlwind.
This week, the Trump administration further eased its pressure on Rusal, Russia’s largest aluminum company, less than four months after sanctions on it and its notorious leader were imposed. Even as the White House seems willing to inflict pain on American farmers and consumers with its trade wars, Russian aluminum workers are apparently worthy of special protection.
.. Rusal is controlled by Oleg Deripaska, a member of Mr. Putin’s inner circle. As the Treasury Department acknowledges, he has been investigated for
- money laundering and accused of
- threatening the lives of business rivals,
- illegally wiretapping a government official and
- taking part in extortion and racketeering.
.. There are also allegations, made public by the Treasury Department’s Office of Foreign Assets Control, that Mr. Deripaska
- bribed a government official,
- ordered the murder of a businessman and
- had links to a Russian organized crime group. During the 2016 presidential campaign,
- Paul Manafort, then Mr. Trump’s campaign manager, tried to offer Mr. Deripaska private briefings about the campaign.
.. Treasury Secretary Steven Mnuchin has said he is considering lifting the sanctions altogether because they are punishing the “hardworking people of Rusal.” But Mr. Mnuchin has it backward. If he was truly concerned about Rusal’s 61,000 employees, he would not relent until the company fully washed its hands of Mr. Deripaska and the corrupt regime the aluminum giant serves.
.. Behind Mr. Deripaska’s estimated fortune of as much as $5.3 billion, there stands a great crime. During the “aluminum wars” of the 1990s, when that economic sector was consolidating in the chaotic privatization that followed the collapse of the Soviet Union, the young metals trader was suspected of ties to gangsters as he seized control of huge Siberian smelters. According to testimony by a gang member in Stuttgart, Germany, part of Mr. Deripaska’s value to the group were his links to Russia’s security services. While his rivals were killed off or fled Russia, Mr. Deripaska somehow emerged as the director general of Rusal, a company that reported revenues last year of nearly $10 billion. But suspicions that the oligarch has had links to organized crime have denied him a visa to enter the United States.
.. they must do its bidding, which in Mr. Deripaska’s case meant spending more than $1 billion, through his holding company, on new infrastructure for the 2014 Winter Olympics in Sochi, Russia
Mr. Deripaska has embraced his role, stating that he does not separate himself from the Russian state.
.. Manafort tried to pitch him a plan for an influence campaign to “greatly benefit the Putin government.”
.. “Rusal’s own website says that it supplied military material to the Russian military that was potentially used in Syria.”
.. Mr. Deripaska’s holding company, hired a $108,500-a-month lobbyist to continue to negotiate with the Treasury Department. The firm he chose, Mercury Public Affairs, is the firm Mr. Manafort paid $1.1 million to lobby members of Congress on behalf of Ukraine and its then-president, Viktor Yanukovych
.. Led by David Vitter, a former Republican senator from Louisiana, Mercury has sought to enlist support from ambassadors of France, Germany and Australia, among others.
.. emanding more time to reduce the oligarch’s ownership stake in En+ from 70 percent to below 50 percent. In a July 24 filing with the Justice Department, Mercury outlined a host of calamities that might be unleashed if sanctions aren’t eased
- The global aluminum market might suffer significant disruptions with “severe collateral damage to United States interests, allies”;
- En+ might have to entertain a potential acquisition by “Chinese and/or other potentially hostile interests”; or
- Mr. Deripaska might just hang on to his majority stake.
.. The specter of a fellow traveler with gangsters dictating terms to the United States government is yet another sign of the Trump administration’s inexplicable capitulation to Russia.
.. July 16 summit in Helsinki, at which President Trump and President Putin met privately for more than two hours.
We don’t know what they discussed, but given the stakes on both sides, there’s a good chance that the discussion touched on the subject of the sanctions the United States has imposed on Russia’s biggest aluminum company.