[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[Senate]
[Page 4800]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 JUSTICE AND POLICE REFORM IN GUATEMALA

  Mr. LEAHY. Mr. President, I want to speak briefly on a subject that I 
have discussed before concerning Guatemala's struggling justice system.
  In a country facing a growing threat from Mexican drug cartels and 
other criminal organizations that have infiltrated every facet of 
society, a police force that is notoriously corrupt and ineffective at 
investigating crime, a military hierarchy that continues to obstruct 
justice, and a conviction rate in the courts of 2 percent, the 
situation could hardly be grimmer.
  Violent crime and smuggling have skyrocketed, impunity is the norm, 
and reports indicate that many people in Guatemala feel less safe today 
than even during the 30-year internal armed conflict. There are 
credible reports of police collusion with the drug cartels, and threats 
and assassinations of indigenous activists who have petitioned for land 
reform. And a decade and a half after the signing of the Peace Accords, 
the military hierarchy, current and former, uses threats and 
intimidation of victims, witnesses, judges and prosecutors to avoid 
accountability for past crimes against humanity.
  I and others were encouraged last year when President Colom appointed 
respected human rights activist Helen Mack to assess the weaknesses of 
the police and to recommend reforms. Ms. Mack has widespread 
credibility and could be relied on to conduct a fair, thorough review.
  But any recommendations for reform are only as good as the funding 
and political will to implement them, which is too often lacking in 
Guatemala. Presidential elections are scheduled for September. Unless 
the current government or its successor is prepared to carry the police 
reform process forward, not only will a critical opportunity have been 
missed but the security challenges facing Guatemala will worsen 
further.
  Helen Mack accepted her assignment knowing it would be dangerous. Her 
sister Myrna, an anthropologist who had documented the horrific abuses 
of Mayan peasants by the Guatemalan army, was assassinated by the army 
in 1990. Helen also knew that trying to reform the police would 
ultimately be a wasted exercise if her recommendations end up 
collecting dust on a shelf. Yet she has persevered, and it is for the 
good of all Guatemalans.
  Other victims of torture, disappearance, and murder during the 
internal armed conflict are still waiting for justice. When successive 
governments failed to hold the military accountable, some victims or 
their families turned to the courts, only to be stymied at every turn. 
The courts have issued contradictory rulings, reversed themselves and 
each other, and cases have dragged on for years. It makes a mockery of 
justice and of officials who are responsible for upholding the rule of 
law.
  No democracy can survive without a functioning justice system, 
including a professional, trusted, well financed police force. The 
effectiveness of the police in preventing and controlling crime depends 
on the relationship between the police and the public. If the police 
force is to regain the confidence and trust of Guatemalans, 
particularly Guatemala's indigenous population which has traditionally 
been the target of discrimination and abuse, a concerted and unwavering 
effort must be made to ensure the professionalism, transparency and 
accountability of the police. It should be a priority.
  Ms. Mack's courageous efforts, and the efforts of others who have 
risked their lives in support of justice and a better life for the 
millions of Guatemalans living in poverty, deserve the unequivocal 
support of the Guatemalan Government and the Government of the United 
States.

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