CICIG

Two weeks ago, Judge Patricia Flores substituted the charge of extrajudicial execution for that of illicit association in the case of Alejandro Giammattei.  In her opinion, there was no direct evidence that put Giammattei (and Roberto Garcia Fresh) at the scene of the crime - Pavon Prison.  As a result, Francisco Dall’Anese has had to defend CICIG's faillure in recent days. 

Dall’Anese, more or less, exonerated the Ministerio Publico and laid blame on the judges and the congress.  The proescutors present the evidence and it is up to the judges to act on that evidence.  He also reiterated how important it was for congress to pass legislation regarding the Amparo Act, criminal code, code of criminal procedure reforms, and the forfeiture law.  While Roberto Alejos (UNE) was reelected to preside over Congress for a third consecutive year,  there's no indication that congress is going to be quick to act on these bills or any other.   

On Tuesday, the international community came out in support of CICIG's work.  The Italian and German ambassadors said that they would be inclined to extend CICIG's mandate another two years.  While the ambassadors recognized the good work of CICIG, they were concerned the the judge threw out the extrajudicial charge when, in CICIG's position, there was more than enough evidence to pursue the charge.  An extension of CICIG's mandate would began at the end of its current term - September 2011. 

As I said a few months ago, I wasn't convinced that Congress would pass the laws that CICIG requested.  Passage would become even less likely as campaign season got underway.  While the official campaign hasn't begun, all the parties are acting as if they have.  Just this week, the "center left" UNE formalized its alliance with the "rightist" GANA.  President Óscar Berger (2003-2007) represented GANA.

As of right now, I would be reluctant to extend CICIG's mandate unless the major candidates for the election all agreed to support its work regardless of next year's election outcome and they passed at least some of the legislation under consideration in the congress.  I thought that the international community should have withheld Dall’Anese' appoint until progress was made - that didn't happen.  Here's another opportunity to force Congress to show that it is serious about making systemic changes.