CONGRESS APPROVES JUDICIAL REFORMS ON CICIG'S

UNCLAS GUATEMALA 000780 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV SNAR KCRM GT SUBJECT: CONGRESS APPROVES JUDICIAL REFORMS ON CICIG'S REQUEST REF: GUATEMALA 394 ¶1. (U) On August 4, the Guatemalan Congress passed two measures intended to strengthen the rule of law. Both were requested by the UN-led International Commission Against Impunity in Guatemala (CICIG); the U.S. and other embassies lobbied hard for their passage. The "Law on Penal Competence in High Risk Processes" provides for the designation of two courts, the Guatemala City First Instance Penal Court and the Guatemala Department First Instance Penal Court, as specialized "high impact" courts. These courts are to be outfitted with additional security measures to allow presiding judges to try Guatemala's most dangerous criminals while mitigating the risks to themselves and their families. The law also contemplates enhanced security measures for witnesses and prosecutors. ¶2. (SBU) According to CICIG POLAD Ana Garita, the Attorney General's Office (Public Ministry) would nominate cases for handling by the high impact courts, and the Supreme Court's Penal Chamber would determine whether the case in question should be treated in the regular or high impact courts. Garita said the Supreme Court, which administers the judiciary, had already grudgingly agreed to establish specialized courts loosely modeled on Colombia's. However, CICIG was concerned that defendants might challenge the high impact courts' constitutionality, and so asked Congress to pass the law explicitly allowing for the courts' establishment. ¶3. (SBU) The second measure, a reform of the Organized Crime Law, further refines the parameters for plea bargaining, the legal basis for which was established during an initial reform of the Organized Crime Law in April (reftel). According to the reform legislation, a judge can reduce a cooperating witness's sentence or even suspend prosecution entirely, depending on the merits of the case. According to CICIG's Chief of Investigations, most convictions in Guatemala are obtained based on witness testimony; unavailability of plea bargaining had deprived prosecutors of a critical tool in encouraging witnesses to cooperate. In keeping with international law, the legal reform does not contemplate reduced sentences for cases of grave human rights violations. ¶4. (SBU) Comment: The need for specialized, high impact courts to deal with narcotraffickers and other organized criminals is clear, and the Embassy joined CICIG in advocating for their establishment. The Organized Crime Law provided for wire tapping, controlled drugs deliveries, and undercover operations. Its reform to provide for plea bargaining is another important step toward modernizing and empowering the state's rule of law apparatus. McFarland