Judiciary Reform: Accord for a Firm and Lasting Peace

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Judiciary Reform: Accord for a Firm and Lasting Peace

Implementations

Judiciary Reform – 1997

The Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements stipulated that the constitutional reforms related to the judiciary should be presented to the Congress of the Republic for ratification by 15 April, but the Follow-up Commission rescheduled the deadline for 15 May. The Guatemalan government presented the draft constitutional amendments to the Congress on 15 May, thus technically fulfilling the terms of the agreements.1

Governmental Agreement 221-97 established the Commission on the Strengthening of the Justice System on 7 March, and it commenced to promote consultation and debate about the reformation of the judiciary.2

  1. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/51/936), June 30, 1997.
  2. Ibid.

Judiciary Reform – 1998

All 50 constitutional amendments submitted by the Government were approved by the Congress in October 1998. The constitution mandated that they then be submitted to the people for a referendum, scheduled for May 1999.1

The Public Prosecutor’s Office restructured to improve capacity and access to justice. A Coordinating Authority for the Modernization of the Justice Sector was created to bring together the Ministry of the Interior, the Public Prosecutor’s Office and the judiciary to work for comprehensive reform.2

The judiciary began improving access to justice by expanding its geographic presence and increasing the number of linguistic interpreters.3

  1. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/54/526), November 11, 1999.
  2. “Eighth Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/52/946), June 15, 1998.
  3. “Ninth Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/53/853), March 10, 1999.

Judiciary Reform – 1999

The referendum for the full package of constitutional amendments occurred on 16 May 1999. With low turnout, voters denied the proposed amendments related to the judiciary, along with all other proposed amendments.1

Congress passed legislation to build the career judicial service on 27 October. Congress also developed consensus on the selection process for judges in the Supreme Court of Justice, and the new judges took office on 13 October. The first class (26 persons) of first instance and sentencing court judges graduated from the Judicial Training School in July. The Public Prosecutor’s Office completed the first stage in the restructuring of its district offices in May.2

  1. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/54/526), November 11, 1999.
  2. “Tenth Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/54/688), December 21, 1999.

Judiciary Reform – 2000

No developments observed this year.

Judiciary Reform – 2001

As of September 2001, the judicial system had largely failed to adapt to guarantee equal access and equal rights for indigenous persons.1

  1. “The Indigenous Peoples of Guatemala: Overcoming Discrimination in the Framework of the Peace Agreements, Verification Report,” United Nations Verification Mission in Guatemala (MINUGUA), September 2001.

Judiciary Reform – 2002

The judicial system improved its capacity, spreading courts, judges and affiliated personnel across the country. This increased presence, however, did not result in actual improvements in the rule of law. On the contrary, crime and impunity were on the rise, with the increasing involvement of the police in the crimes and subsequent obstruction of justice. In the midst of these difficulties, Congress cut the budget for the justice system by 12%.1

  1. “Thirteenth Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/57/336), August 22, 2002.

Judiciary Reform – 2003

The Public Prosecutor’s Office was unable to investigate all the reports of human rights violations committed by the PNC. As of July, roughly 1,600 complaints were pending. Its personnel had grown modestly compared to the previous year, but it still lacked resources and only had offices in 10% of municipalities. Overall, the Office was no better equipped to combat corruption and human rights violations than it was in 1997.1

  1. “Fourteenth Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/58/566), November 10, 2003.

Judiciary Reform – 2004

No developments observed this year.

Judiciary Reform – 2005

No developments observed this year.

Judiciary Reform – 2006

The Guatemala judiciary ten years after the accord is considered one of the most inefficient and corrupt institutions in Guatemala.1

  1. “2007 Country Reports on Human Rights Practices — Guatemala,” State Department, 2008, accessed May 23, 2012, http://www.state.gov/j/drl/rls/hrrpt/2007/100641.htm.