Identifier
Created
Classification
Origin
09GUATEMALA239
2009-03-17 07:09:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:  

RECOMMENDATION THAT USG SUPPORT CICIG MANDATE

Tags:  PGOV SNAR EAID PINR PHUM UN GT 
pdf how-to read a cable
VZCZCXYZ0011
PP RUEHWEB

DE RUEHGT #0239/01 0760709
ZNR UUUUU ZZH
P 170709Z MAR 09
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC PRIORITY 7109
INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 0277
RUEAIIA/CIA WASHDC
RUEABND/DEA HQS WASHDC
UNCLAS GUATEMALA 000239 

SENSITIVE
SIPDIS

DEPT PLS PASS TO USAID FOR LAC/CAM - SEIFERT

E.O. 12958: N/A
TAGS: PGOV SNAR EAID PINR PHUM UN GT
SUBJECT: RECOMMENDATION THAT USG SUPPORT CICIG MANDATE
EXTENSION

Summary
-------
UNCLAS GUATEMALA 000239

SENSITIVE
SIPDIS

DEPT PLS PASS TO USAID FOR LAC/CAM - SEIFERT

E.O. 12958: N/A
TAGS: PGOV SNAR EAID PINR PHUM UN GT
SUBJECT: RECOMMENDATION THAT USG SUPPORT CICIG MANDATE
EXTENSION

Summary
--------------

1. (SBU) The two-year mandate of the UN-led International
Commission Against Impunity in Guatemala (CICIG) is set to
expire in September 2009, and public opinion in Guatemala
strongly favors extending it. The Embassy recommends that
the USG support extension. CICIG is of pivotal importance to
advancing our rule of law objectives, and specifically to
combating Guatemala's nearly ubiquitous impunity. President
Colom has already stated he will ask the UN for an extension,
and it appears that most members of Congress are supportive.
CICIG has not yet secured criminal convictions, but many of
its investigations are well advanced. End Summary.

President Colom to Request Extension
--------------

2. (U) President Colom told reporters on March 3 that he
will request that the UN extend CICIG's mandate fo a further
two years, because he believes "that he Commission is
providing important support to the country, and much remains
to be done." Furthermore, Colom said, he would prefer that
Commissioner Carlos Castresana remain at CICIG's helm.

Congressional Approval Appears Likely
--------------

3. (SBU) An extension of CICIG's mandate would be subject to
congressional approval. Although Congress was initially
reticent to approve the establishment of CICIG, and many of
its members with ties to organized crime undoubtedly would
prefer that it be disbanded, early indications are that a
majority in Congress would approve the extension. "Opposing
the extension of CICIG's mandate would expose deputies and
their parties to immediate press and international
criticism," Guatemala Bench Deputy Rosa Maria de Frade told
Pol/Econ Couns. "Most are not willing to pay that price, so
congressional approval probably will not be an obstacle," she
concluded. Congressional leaders who have already announced
their support for CICIG's extension include those of the
governing UNE party's bench, the "Guatemala Bench," and the
opposition Patriot Party. Leaders of the FRG, UCN, and PAN
party benches, which are allied with corrupt former President
Alfonso Portillo (who was recently extradited from Mexico and
released on bond),have said they would "have to study" the

question of extending CICIG's mandate, rather than rejecting
such a move outright.


4. (SBU) Support for extension of CICIG's mandate goes well
beyond the executive and legislative branches of government.
CICIG's principal Guatemalan counterpart, Attorney General
Amilcar Velasquez, privately expressed to us his strong
support, as did his Secretary General, Gloria Porras.
Private sector leaders and newspaper columnists are
overwhelmingly in favor, and most letters to editors of major
newspapers express support.

No Convictions Yet, but Good Progress
--------------

5. (SBU) CICIG has yet to secure any high-profile
convictions, but several of its investigations are well
advanced and may soon bear fruit. These include the Portillo
embezzlement case, the Nicaraguan bus murders, the March 2008
narco-massacre, the Central American Parliament murders case,
the Victor Rivera murder, and the investigation of former
Chief Homicide Prosecutor Alvaro Matus. CICIG has also
coached national authorities in dozens of other
investigations and prosecutions, and directly supervises a
special unit of the Public Ministry (Attorney General's
Qspecial unit of the Public Ministry (Attorney General's
Office). However, CICIG's contributions go beyond
prosecutorial activities. CICIG is working closely with
Congress on a host of security-related legislation. It is
helping authorities to implement the new Organized Crime Law,
which affords investigators such critical tools as wire
tapping and undercover operations. CICIG laid out a plan for
removing corrupt senior officials from the Public Ministry
last year, which President Colom then executed. Through a
series of high-profile, compelling and impassioned public
appearances, Commissioner Castresana has assumed an informal
role as the country's conscience, demanding that leaders do
better in providing security and justice.

CICIG Pivotal to Advancing USG Objectives
--------------

6. (SBU) Security issues are at the top of our substantive
agenda with the GOG. Guatemala's rule of law institutions
are foundering under a wave of violence, much of which is
narco-driven. CICIG is the international community's premier

tool in shoring up Guatemala's ROL institutions and combating
impunity; the USG and Spain are CICIG's top donors. CICIG's
institutional impact can be observed by comparing two key ROL
institutions, the Public Ministry and the Supreme Court.
CICIG can and does directly influence the Public Ministry.
It is teaching Public Ministry personnel how to succeed in
investigating and prosecuting organized crime, and is
infusing them with new energy. Thanks to CICIG's
aforementioned intervention and guidance, the Public Ministry
is notably stronger now than it was one year ago. In
contrast, CICIG does not have influence over the Supreme
Court, the members of which are chosen every five years by a
congressionally-appointed commission. The Supreme Court
remains corrupt and adrift.

Recommendation
--------------

7. (SBU) The Embassy recommends that the USG support a
two-year extension of CICIG's mandate. While CICIG has not
yet secured high-profile convictions in cases of organized
criminal penetration of the state, its investigations into
some of Guatemala's most important cases are well advanced
and promising. It has already brought indictments in several
cases. CICIG has rendered valuable service in varied areas
such as legislative reform and coaching national rule of law
authorities. Its cooperation with the Embassy has been
excellent. Its expert advice would be invaluable to the
judicial reform process that we are encouraging the state to
undertake. Most Guatemalans and local representatives of
donor countries favor its extension: We believe CICIG
continues to have a very valuable role to play in improving
the rule of law in Guatemala, and believe a two-year
extension would allow it to complete the investigation and
prosecution of a number of emblematic cases. It would also
strengthen the Guatemalan Public Ministry's ability to
investigate and prosecute high-profile cases once CICIG
departs.
McFarland