[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 11491-11492]
[From the U.S. Government Publishing Office, www.gpo.gov]




         INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA

  Mr. LEAHY. Mr. President, on June 7, the head of the International 
Commission against Impunity in Guatemala, CICIG, a U.N. supported body 
set up to investigate organized crime and clandestine groups in 
Guatemala, resigned. In a press conference, he highlighted problems 
with Guatemala's newly selected attorney general, who he accused of 
trying to undermine the Commission's investigations. He also described 
a general lack of cooperation from the Guatemalan Government in CICIG's 
mission.
  Not long ago, on April 5, I spoke in this Chamber of Guatemala's need 
for an attorney general with the integrity, experience, courage and 
determination to show that justice can be a reality for all the people 
of Guatemala regardless of race, ethnicity, gender or economic status. 
Unfortunately, President Colom's choice fell short on all counts.
  This concerns me greatly. The Commission was created three years ago, 
at the request of the Guatemalan Government and with the approval of 
the legislature. It was intended to support Guatemala in investigating 
and dismantling powerful criminal networks deeply entrenched in state 
institutions and to help strengthen the capacity of the country's 
dysfunctional judicial system. Since its creation, CICIG has received 
substantial political and financial backing from the international 
community, including the United States. I have been a strong supporter 
of the Commission, and I was encouraged that the Guatemalan Government 
and the legislature had the political courage to back a serious effort 
to challenge the organized criminal structures that threaten 
Guatemala's fragile democracy.
  Under the leadership of internationally respected Spanish jurist and 
prosecutor Carlos Castresana, the CICIG, with dedicated Guatemalan 
personnel from the Public Ministry, the police, and the support of the 
courts, has made significant, indeed historic, progress in combating 
organized crime and ending impunity. Its work has led to the successful 
investigation of high-profile cases, the arrest of dozens of government 
officials and ex-military officers, and the purge of thousands of 
police officers linked to illegal groups.
  Having seen that progress, I was saddened to learn of Director 
Castresana's resignation. I commend him, the Commission's staff, and 
the many Guatemalans who have supported the CICIG for their courage and 
resolve.
  The CICIG is a ground-breaking effort and one of the few successful 
strategies in the fight against organized crime and rampant 
institutional corruption in Guatemala. Its efforts must continue. Both 
the U.N. and the Guatemalan Government need to act swiftly and 
decisively if the CICIG is to continue as a meaningful body. I urge 
U.N. Secretary General Ban Ki Moon to appoint a new CICIG Commissioner 
with demonstrated expertise in investigating and prosecuting organized 
criminal networks so the advances of the CICIG continue under new 
leadership. Equally important is the integrity and continuity of 
CICIG's professional staff.
  In Guatemala, the government needs to address the problems that so 
frustrated Director Castresana. Fortunately, Guatemala's Constitutional 
Court annulled the selection of the attorney general, who subsequently 
resigned. This is a positive step, but it needs to be followed up. 
Guatemala's next attorney general should have a strong commitment to 
working closely with and supporting the efforts of the CICIG, as well 
as reform of the National Police, the establishment of a high impact 
court for cases of organized crime with heightened security for judges, 
witnesses and prosecutors, a maximum security jail, and other 
initiatives by the Guatemalan Legislature that would facilitate the 
investigation and prosecution of organized crime.

[[Page 11492]]

  It is not just the attorney general, however. Implementation of many 
of the CICIG's recommendations has been repeatedly delayed. The entire 
Guatemalan Government--the executive, legislature and the courts--must 
act decisively to demonstrate that it can implement urgent anti-
impunity reforms, strengthen and professionalize its law enforcement 
and judicial institutions, and prove that it can be a partner in the 
fight against organized crime. Reforming the National Police, which is 
widely perceived as corrupt, ineffective and unaccountable, and whose 
officers are under-paid, under-trained, and under-equipped, is a 
critical priority. I hope there is convincing progress in these areas 
soon.
  The United States is providing assistance to bolster Guatemala's 
institutions, particularly through our Central America Regional 
Security Initiative. But as chairman of the Appropriations Subcommittee 
on the Department of State and Foreign Operations, I would find it 
difficult to justify investing further resources in Guatemala's 
judicial system unless its own government demonstrates a strong 
commitment to ending impunity and combating organized criminal networks 
and corruption, which must be rooted out from their entrenched 
positions within Guatemala's state institutions.
  I urge the Guatemalan Government to show, at this critical moment, 
its firm commitment to the CICIG and to taking the steps necessary to 
end impunity and strengthen the rule of law so the United States can 
continue to partner with Guatemala to tackle its many challenges.

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