Twelve years after having settled in Guatemala and after multiple struggles for the non-renewal of its mandate, from today the International Commission against Impunity is no longer operating.
In August 2007, the Congress of the Republic approved the creation of the International Commission against Impunity in Guatemala (CICIG), which arrived in the country with the mission of investigating criminal structures operating within government institutions, work done in association with the Public Prosecutor's Office.
For Moody's, the withdrawal of the International Commission against Impunity weakens efforts to improve the rule of law in a country with high levels of corruption.
For Moody's, President Morales' decision to end the mandate of the International Commission against Impunity in Guatemala (CICIG) is a setback for the country because corruption is still widespread and institutions are still fragile.
After President Morales decided to end the mandate of the International Commission against Impunity, the Constitutional Court suspended the Guatemalan government's decision.
On January 7th, the Guatemalan government finalized the agreement between the Central American country and the United Nations, and set a 24-hour deadline for the Commission to cease functioning.
Arguing that "it has violated human rights in Guatemala through selective and partial justice", President Morales decided to end the mandate of the United Nations International Commission against Impunity.
After more than ten years of the International Commission Against Impunity in Guatemala (CICIG), the Morales administration announced in 2018 that it would not renew the agreement with the United Nations that establishes the foreign institution dedicated to criminal investigation.
Arguing that it is time to "strengthen State institutions," President Morales has announced that he will not renew the mandate of the International Commission against Impunity, whose term expires in a year.
The controversial decision by the Guatemalan government, which was announced over the weekend, is based, according to Morales, on the idea that after ten years of work by the International Commission against Impunity in Guatemala (CICIG), the time has come to transfer its capabilities over to the State.
With the decision of Congress not to remove immunity from President Morales, the Public Ministry and the Cicig have been prevented from continuing the investigation into irregular electoral financing.
As expected, the Guatemalan Congress decided to vote against the request for legal action filed by the Public Prosecutor to waive the immunity of Jimmy Morales.This means that the president is spared, at least for now, from being tried in the case of allegedillicit electoralfinancing.
The Supreme Court of Justice has agreed to uphold the request filed by the Public Ministry and the CICIG against the president, and now deputies must launch an investigation.
The political crisis affecting the country has been accentuated in the last few hours with a decision by the Supreme Court of Justice to send to Congress the file requesting a preliminary hearing.
The Constitutional Court has suspended, in definitive from, the order given by President Jimmy Morales to expel the leader of the International Commission against Impunity in Guatemala from the country.
"...Acting without the accompaniment of his ministers, as ordered by the Constitution, inconsistency in the dates and non use of the process to resolve disputes established in the agreement between the Government of Guatemala and the International Commission against Impunity in Guatemala (Cicig) are the main reasons why the Constitutional Court (CC) yesterday ordered the definitive suspension of the expulsion from the country of Iván Velásquez, head of the Cicig."
Four petitions for pre trial hearings have already been lodged against President Morales, following his request to expel the leader of the International Commission against Impunity from Guatemala.
EDITORIAL
In less than a week a series of events took place which have left the country on tenterhooks.The Public Ministry and the International Commission against Impunity in Guatemala (Cicig) filed a petition for a pre trial hearing against President Morales for alleged illicit electoral financing; Morales declared the Commission of the Cicig, Iván Velásquez, persona non grata, and requested his expulsion from the country. In response to this, three other requests for preliminary hearings have been filed in the last few hours.
The amount paid to the Tax Authority corresponds to unpaid taxes, plus penalties and interest.
An article on Lahora.gt reports that the Superintendent of the SAT, Juan Francisco Solorzano, said that "... It is the largest payment made by any entity, in relation to adjustments that had been made or that had been ordered as a result of a judicial process from which it was ruled that there was tax fraud or tax evasion. "
A proposal has been made to create a special and temporary tax on assets above a certain amount in order to finance the operations of the Public Prosecutor against impunity and corruption in the state.
Ivan Velasquez, head of the International Commission against Impunity (CICIG), believes it is necessary to move on from "... discussing corruption to taking action", and therefore is proposing, together with the Public Ministry, the creation of a new tax to strengthen the institution's budget in the fight against impunity and corruption.
A network made up of businessmen and officials from the Guatemalan Social Security Institute, agreed purchase prices for medicines and a list of companies that were able to participate in the contracts.
The head of the International Commission against Impunity in Guatemala (CICIG), Ivan Velasquez, told a news conference that the now dismantled network consisted of "...
The Guatemalan president will stand trial on charges of conspiracy, bribery and special case of customs fraud.
Judge Miguel Angel Galvez issued an indictment against former President Otto Perez Molina, after analyzing the evidence presented by the prosecution and the International Commission against Impunity (CICIG).
".. In issuing his ruling the Judge of B Court for High Risk Cases, Miguel Angel Galvez, issued an order of remand, and the MP is asking for bail. "
In the view of the private sector the decision taken by President Perez Molina to remain in his position contributes to the further deterioration of the country's image, at a time when the economy is showing signs of stability.
Just as the decision by the Public Ministry and the International Commission Against Impunity (CICIG) to conduct an investigation was applauded by the Guatemalan business sector, the president's decision to remain in office has not been well received and has caused deep concern, mainly because of the negative impact it has on the country as a destination for foreign investment.
The Public Ministry of Guatemala believes it is "likely" that President Otto Perez Molina was involved in the customs fraud network known as "La Línea" and has called for his impeachment in the Supreme Court.
The International Commission Against Impunity (CICIG) and the Public Prosecutor filed a request to lift the immunity of President Otto Perez Molina and to carry out a formal investigation based on the evidence which has been gathered.
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