Behind the Fight to Hijack Guatemala's Justice System
10 JUL 2020 | COMMENTARY
by Adriana Beltrán
Guatemala is in the midst of renewing its Supreme Court and Court of Appeals. Ensuring impartial, professional, and honest officials in Guatemala’s highest courts is crucial to the rule of law, independence of the judiciary, and advancing the fight against corruption.
Unfortunately, the process, which began in 2019, has been marred by irregularities and a renewed attempt by corrupt and illicit groups to manipulate the process and its outcome. By influencing the process by which justices are elected, criminal actors aim to find corrupt allies willing to ensure their protection and impunity for their misdeeds.
Now, as part of their effort to co-opt the justice institutions, they are going after justices, prosecutors, and civil society actors who have protected the rule of law and supported the fight against corruption.
The battle for control over Guatemala’s justice system will determine the country’s ability to fight the corruption that is weakening its institutions, draining state coffers, impacting the government’s ability to confront crises like COVID-19 and climate change, and leaving many Guatemalans to feel as though their best shot at a life with economic opportunities and basic dignity is to migrate.
The election of high courts in Guatemala
Pursuant to the Guatemalan constitution, 13 magistrates to the Supreme Court and all 135 magistrates to the Courts of Appeal are replaced every four years. The nomination process is entrusted to groups known as postulation commissions, made up of appellate judges, law school deans, and representatives of the Guatemalan Bar Association that submit a list of candidates to Congress. Congress is then responsible for selecting from among the list of nominees.
A law was adopted in 2009 to make the selection process more transparent and regulated and to allow for greater civil society oversight. In practice, however, the process has been plagued by conflicts of interests and overrun by private, political, and criminal interests seeking to control membership of the commissions and, consequently, the makeup of the courts. Competition over who gets a seat on the commissions, for example, has resulted in the creation of an increasing number of law schools as vehicles for guaranteeing influence over how judges are selected. At the same time, the process has also resulted in judicial nominees themselves competing for political support in order to be elected or to maintain their positions.
More:
https://www.wola.org/analysis/behind-the-fight-to-hijack-guatemalas-justice-system/
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