[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7857-S7858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GUATEMALA
Mr. WICKER. Mr. President, yesterday the Government of Guatemala took
a decisive step toward regaining sovereignty. Guatemala revoked the
visas of and deported 11 U.N. personnel working for the International
Commission Against Impunity in Guatemala, better known by its Spanish
acronym CICIG.
Chartered in 2006 to help the Guatemalan state fight corruption,
CICIG morphed into a modern-day United Nations proconsul, selectively
administering justice and abusing power in ways never intended.
Voices on the political left, both here and overseas, will no doubt
decry the decision by the duly constituted Government of Guatemala. I
take the floor of the Senate this afternoon to state plainly my
emphatic approval of this action by our Guatemalan friends.
Prior to yesterday's action, Guatemalan President Jimmy Morales had
previously announced that CICIG's mandate would not be renewed after
September 3 of next year. The President's decision marks a logical and
welcome step toward ending CICIG's presence in Guatemala. Ultimately,
an independent country has the right to decide if, and under what
terms, a supranational institution can administer justice within its
borders. CICIG was never meant to be permanent, and no country could
accept an unending infringement on its sovereignty. Certainly, we in
the United States would never consent to having an international body--
accountable to no one--run our judicial system. Our Guatemalan friends
have determined it is time for CICIG to leave, and they have a right as
a sovereign nation to make that decision.
The initial reasons behind CICIG's presence in Guatemala cannot be
disputed. Like many Latin American countries, Guatemala had suffered
from pervasive corruption, and its government was in ruins from a
decades-long civil war. Criminal enterprises colluded with politicians,
military officers, and other government officials to bribe, cheat, and
steal. Mafias, with deep tentacles into the state, acted with such
impunity that Guatemala felt compelled to ask for outside help. In
2006, Guatemala and the United Nations signed an agreement meant to
``support, strengthen, and assist'' Guatemalan institutions responsible
for investigating crimes committed by so-called ``illegal security
groups'' and ``clandestine security organizations.'' Although CICIG
enjoys complete functional independence, the agreement stated that
CICIG must discharge its mandate in ``accordance with Guatemalan law
and the provisions of the Constitution.'' Regrettably, this provision
has not been followed.
Despite noble goals, it has become apparent that CICIG is not being
held accountable to either Guatemalan law or the United Nations. As the
largest financial contributor to the United Nations, the United States
has an interest in investigating the credible allegations that CICIG
was grossly overstepping its mandate. After all, the American taxpayers
were largely financing this enterprise.
The questionable practices of CICIG and its unelected leader have
been reported in our national papers. The Wall Street Journal's Mary
Anastasia O'Grady has been a close observer of Colombian jurist Ivan
Velasquez, who serves as CICIG's Commissioner. Ms. O'Grady states:
Under his leadership, there is strong evidence that CICIG
routinely flouts the rule of law and tramples civil liberties
in violation of the Guatemalan constitution. His methods
can't be supported by a republic that pledges allegiance to
transparency and human rights.
Powerful institutions have a tendency to amass more powers to
themselves and stretch their authority far beyond their legal mandates.
Even its most strident supporters have acknowledged that CICIG now
essentially answers to no one and needs to be reformed. Nowhere is this
contention better supported than the CICIG-backed persecution of the
Bitkov family on behalf of the Russian Government. For all its flaws,
which are numerous, CICIG's decision to conspire with Russia is the
most outrageous.
Igor and Irina Bitkov built a successful paper mill company, the
Northwest Timber Company, in Russia's Kaliningrad enclave. This rare
example of successful private enterprise in Russia was once valued at
nearly half a billion dollars, but success comes with a price in
Putin's Russia.
In 2005, a senior officer of the state-owned Sberbank demanded that
the Bitkovs sell him a controlling stake in their company. Imagine. It
is an offer the Bitkovs refused. Two years later, the Bitkovs' 16-year-
old daughter, Anastasia, was kidnapped, drugged, raped, and held until
the Bitkov family paid a ransom.
In April 2008, three Russian state banks--the VTB, Sberbank, and
Gazprombank--forced the Bitkovs' company into bankruptcy by calling in
the immediate repayment of nearly $160 million in loans. Traumatized
and threatened with detention and death, the Bitkovs decided to flee
Russia. More death threats followed as Moscow opened a criminal case in
2009.
The Bitkovs eventually immigrated to Guatemala in 2009 after paying a
legitimate law firm for Guatemalan passports with new identities for
their protection. The Bitkovs settled into a new life that was
blessedly free from Russian harassment and intimidation. Igor and Irina
began teaching at a local school. Anastasia began to heal from her
ordeal. A son, Vladimir, was born in 2012.
The reprieve was short-lived. VTB, one of the Russian banks,
collaborated in 2015 with CICIG and the Guatemalan Attorney General to
arrest the Bitkovs for passport violations. Detained in appalling
conditions, Anastasia was denied medication and had a nervous
breakdown. Three-year-old Vladimir was sent to an orphanage for 42 days
without having contact with his parents or appointed guardians.
Eventually freed by a court order and with an upper respiratory
infection, conjunctivitis in both eyes, and clear physical and
psychological abuse, Vladimir returned to his family. This is modern-
day CICIG in Guatemala.
Under the direction of CICIG, the Bitkovs were sent to trial in
February of 2017. The Guatemalan Court of Appeals, however, enjoined
the Bitkovs' prosecution and stated that the family was not criminally
liable for passport violations. Despite this injunction, a lower court,
at the behest of CICIG, went ahead with the case and eventually
sentenced Igor Bitkov to 19 years and Irina and Anastasia to 14 years
in prison. Let me repeat--19 years and 14 years for passport
violations. They were passports that they believed to be legitimate
based on legal advice they had been given. These were infractions that
are usually settled with a fine at worst, but this was all in
collaboration with CICIG and the Russian accusers.
Following more convoluted legal wrangling, Igor Bitkov was released
on house arrest in May, but, inexplicably, Irina and Anastasia remained
in jail--more injunctions, more appeals, more tortuous legal
proceedings. Irina and Anastasia were finally released on bail in mid-
June. This is CICIG in Guatemala. Pushed by CICIG, the Constitutional
Court, which is the highest court in Guatemala, ordered a retrial for
the Bitkovs. It began last week and supposedly continues.
American taxpayers who are footing the bill for CICIG have a right to
ask Commissioner Velasquez and his CICIG team: Is this the way to fight
corruption in Guatemala? In short, CICIG, under the direction of
Commissioner Velasquez, has gone from fighting corruption to doing
Vladimir Putin's dirty work even. He has gone even so far as to
persecute victims, like the Bitkovs, of corruption.
The Bitkov affair demonstrates how badly CICIG has gone astray and
why President Morales is right to want it out of his country. CICIG was
established to help investigate and prosecute Mafias who were
entrenched in the state and able to act with impunity. Yet it gets
involved in a passport
[[Page S7858]]
violation case against a family that is clearly fleeing Russian
persecution.
CICIG is supposed to be above reproach. Yet it collaborates with a
state-owned Russian bank that, incidentally, is currently under U.S.
sanctions. The CICIG is doing the bidding of Putin's henchmen in its
acting as the long arm of Russia's dictatorship. The intervention of a
Kremlin-controlled bank shows that influencing CICIG is a part of the
Kremlin's broader campaign to exert pressure across Latin America, and
we ought to be concerned about that.
Earlier this month, in the Wall Street Journal, Ms. O'Grady wrote
that the creeping intervention from Moscow is designed to damage U.S.
interests by destabilizing liberal democracy.
ADM Craig Faller, the commander of the U.S. Southern Command, told
the Senate Armed Services Committee that Russia is flooding Latin
America's internet, social media, and television outlets with original
and reproduced propaganda to sow doubt about U.S. intentions. Russia
has also provided crucial financial support to the infamous Maduro
regime in Venezuela, and it competes with the United States to provide
military support for regional partners.
Another strategic competitor, China, is also seeking to influence
important U.S. partners in Latin America. China has provided more than
$140 billion in Belt and Road Initiative loan commitments. Beijing is
now Latin America's second largest trading partner.
Although CICIG once played a significant role in exposing and
prosecuting serious corruption, it has now fallen victim to Lord
Acton's famous observation--that power tends to corrupt and absolute
power corrupts absolutely.
President Morales has made a decision, as the duly elected head of a
sovereign country, that he will no longer tolerate an increasingly
neocolonial force. The United States should stand behind this decision.
The CICIG was never supposed to stay indefinitely.
This move by the Guatemalan Government does not absolve its own
responsibility to fight corruption. Indeed, we should demand a
redoubling of these efforts. As a critical country in the Western
Hemisphere, a return to pre-CICIG conditions would be unacceptable.
This is the chance for Guatemalans to work toward the justice that
CICIG abandoned with its complicity in Moscow's vendetta. This should
begin with an end to the Bitkov family's long nightmare. Their ordeal
has gone way beyond a miscarriage of justice, and with CICIG's being
gone, Guatemala must do the right thing without further delay or
excuse.
In conclusion, the duly constituted Government of Guatemala has made
the right decision and should be congratulated for yesterday's action.
The country's leadership took a necessary step in asserting its
sovereignty and in ending a dysfunctional relationship with CICIG, a
well-intended agency that has exceeded its mandate and outlived
whatever usefulness it may initially have had.
I yield the floor.
The PRESIDING OFFICER (Mr. Wicker). The Senator from Colorado.
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