Guatemalan President Alejandro Giammattei reappointed this week the same country’s attorney general for a new four-year term. The decision, which comes just a few months after the official was accused by the US government of dismantling anti-corruption efforts, prompted sanctions from Washington for the second time. The European Union and several organizations that watch over human rights also reject the new appointment of Consuelo Porras.
In Guatemala, criminal prosecution will continue in the hands of María Consuelo Porras Argueta for the next four years. After the new vote of confidence of the Guatemalan president Alejandro Giammattei this Monday, May 16, the attorney general and head of the Public Ministry will continue in her position, after having assumed that position for the first time in 2018.
“I will remain firm in my commitment to guarantee objective and non-selective justice,” the prosecutor declared in her speech. But her re-election raises concerns both nationally and internationally. Even direct criticism, such as that raised by the United States after the announcement: “Acts of corruption by Attorney General Porras undermines democracy in Guatemala,” Antony Blinken, Secretary of State of the United States, was quick to react.
Attorney General Porras’s corrupt acts undermine democracy in Guatemala. Today’s designation sends a strong signal that the US stands with all Guatemalans to encourage accountability, transparency, and respect for the rule of law.
— Secretary Antony Blinken (@SecBlinken) May 17, 2022
This Tuesday, the United States lamented President Giammattei’s decision to elect Porras again as a “step backwards” for the democracy of the Central American country, in the words of State Department spokesman Ned Price.
The US official did not limit himself to commenting, but also announced the prohibition of entry into the country of the Porras family for their alleged involvement in acts of corruption. Ned Price noted that as attorney general, Porras “repeatedly obstructed and undermined anti-corruption investigations in Guatemala to protect his political allies and gain undue political favor.”
A second round of sanctions for “obstructing” justice, denounces Washington
It is not the first US sanction that hangs over Consuelo Porras. In September 2021, the United States included her on its Engel list of “corrupt and undemocratic actors”, removed her visa, as well as the possibility of entering its territory, publicly accusing her of “obstructing” justice in high-impact cases. in Guatemala.
One of the actions that motivated the sanction against Porras at that time was the dismissal in June of Juan Francisco Sandoval from his position as head of the Special Prosecutor’s Office Against Impunity (Feci). The official had charged more than 200 high-profile people with corruption between 2014 and 2021 and was considered an “anti-corruption champion” by Washington.
Sandoval assured in March that his dismissal occurred after learning that he had information “of a possible bribery of Russian businessmen” to President Giammattei. Now the former prosecutor is in exile in the United States and denounces threats against his life.
The Giammattei government says firm against “interference”
In response to the US comments, the Guatemalan Public Ministry stated that it will not accept any interference or pressure, as it is an autonomous institution. “The Attorney General will continue to work objectively and impartially to guarantee strict compliance with the law,” the entity said in a statement.
This tug-of-war between the two countries is also setting a more conflictive agenda on the continent. President Alejandro Giammattei announced Tuesday that he will not attend the Summit of the Americas scheduled for June in Los Angeles.
“I told it and I repeat it to the ambassador of that nation (USA), that this country could be of this small size, but that as long as I was president, this country was respected and its sovereignty is respected,” said the president. Guatemalan.
Washington had already warned that respect for democracy was a “condition” for participating in the forum.
The @MPguatemala It must be an independent institution, with technical solidity and closeness to all Guatemalans. The appointment made today is the final phase of a process that has been in full view of all Guatemalans, in accordance with the law and totally legitimate. pic.twitter.com/EttMfgiRoz
– Alejandro Giammattei (@DrGiammattei) May 16, 2022
But the United States is not the only nation to criticize Porras’ new appointment. The European Union also said Tuesday that this news generated “concern” about the “commitment of the Guatemalan authorities to confront corruption and safeguard the independence of the judiciary.”
Through a statement, the European External Action Service denounced that during her past mandate, the prosecutor applied a pattern “of intimidation and harassment that has led more than 20 justice operators to leave the country.”
A situation that this Monday was denounced before the Eurochamber by the Guatemalan Human Rights Ombudsman, Augusto Jordán Rodas Andrade.
In an interview with France 24, the prosecutor declared: “It is a decision by President Alejandro Giammattei where the public friendship he has with the attorney general weighed in. Without a doubt, despite national and international questioning, he opted for continuity, thinking that guarantees him impunity. It will already be a challenge for prosecutor Consuelo Porras to demonstrate that she can independently exercise her new mandate.”
Guatemala: @DrGiammattei has appointed Attorney General Consuelo Porras for a new term.
Porras has dedicated himself to stopping corruption investigations and promoting spurious cases against journalists, prosecutors and judges.
Guatemalan democracy is at serious risk.
— Juan Pappier (@JuanPappierHRW) May 16, 2022
Some civil society leaders also criticized the election. Juan Pappier, a senior researcher with the Americas Division at Human Rights Watch, shares his concerns with France 24:
“Recent experience in Latin America, including in Nicaragua and Venezuela, shows that democracy is at enormous risk when authorities destroy judicial independence and intimidate and persecute the press.”
Before warning: “If the international community does not adopt multilateral and serious measures, it is to be expected that the Public Ministry will continue to do what it has done in recent years: allow corruption to flourish with impunity and curtail the work of those who dare to investigate the corrupt.”
Dozens of judges in exile for an alleged persecution of Porras
And it is that during her first term, Porras was the target of criticism from human rights organizations and civil society that accuse her of obstructing investigations related to Giammattei.
His office arrested several officials from the Special Prosecutor against Impunity (Feci), as well as a lawyer from the CICIG anti-corruption commission. Also, it is worth mentioning that the Public Ministry, under orders from Porras, ordered in recent months the arrest of at least six jurists who worked in anti-mafia organizations in Guatemala, for alleged “irregularities in their work.”
Finally, at least 15 Guatemalan justice operators, including former anti-corruption prosecutors and high-impact judges, are currently exiled due to the alleged judicial persecution by Porras.
The newly insured duo downplayed the position of some sectors of the international community: “What is important is the support we have at the national level,” declared the attorney general; while Giammattei dismissed as interventionist the reactions that do not support Porras’ continuation in office.
“The media or political accusations that may exist according to our Constitution (…) have no value to deprive a person of his capacity, suitability and honesty,” added the ruler. He also assured that Porras is a professional who meets all constitutional requirements: “This was not a simple decision taken lightly,” he concluded.
Although it may not have been taken lightly, that decision was marked by several complaints of “irregularities” and “numerous attempts to interfere with the independence of the Nominating Commission and with the impartiality and rectitude of the process”, recalls Pappier, of HRW. “Dr. Porras, who did not have the basic requirements to be elected, managed to enter the list through the window thanks to a questionable decision by the Constitutional Court.”
Throughout the election process, Porras was denounced by various sectors before the Nominating Commission due to alleged plagiarism in her doctoral thesis.
With AFP, Reuters, EFE and local media
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