Consuelo Porras shakes hands with the president of Guatemala, Alejandro Giammattei, after being renewed as attorney general. Moises Castillo (AP)
The president of Guatemala, Alejandro Giammattei, has renewed Consuelo Porras as attorney general for four more years (2022-2026), a jurist who has been accused of stopping investigations against corruption in the country during her first four years at the head of the prosecution.
In September 2021, the US State Department included Porras on a list of "corrupt and undemocratic" actors.
Despite the fact that nothing has changed with this election, for a sector of the country concerned about the cooptation of the powers of the State by different interest groups, this decision represents a new setback for justice.
During a ceremony at the National Palace of Culture in Guatemala City, Giammattei made his decision known.
"The media or political accusations that may exist according to our Constitution have no value to strip a person of his capacity, suitability and honesty," the president has indicated, according to the Guatemalan media outlet
Prensa Libre
.
The entire auditorium broke into applause at the announcement.
Juan Pappier, a researcher in the Americas for Human Rights Watch, an NGO that works to preserve human rights around the world, considers that "this decision gives a coup de grace to the fight against impunity in Guatemala."
“During his first term, Consuelo Porras has been dedicated to stopping corruption investigations and promoting spurious cases against journalists, prosecutors and judges.
If the international community does not take urgent action on a multilateral basis, democracy and the rule of law in Guatemala will be at serious risk during her new mandate”, she added.
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
In line with Pappier, the statement published in 2021 by the US Department of State argued that the recently renewed attorney general "has obstructed investigations into corruption cases by interfering with criminal investigations."
Porras' pattern of conduct, according to the statement, has consisted of "ordering prosecutors from the Public Ministry to ignore cases based on their political considerations and actively undermine investigations carried out by the Special Prosecutor's Office Against Impunity in Guatemala (FECI)" .
The former anti-corruption prosecutor himself who was the head of FECI, Juan Francisco Sandoval, was dismissed from his position last July, the same year that the United States had decorated the jurist for his work.
Then, Sandoval described his dismissal as "illegal", assured that he was ordered by Porras and that he had been expelled due to a series of investigations into the close environment of President Giammattei.
That same night he went into exile for safety, first to El Salvador and then to Washington.
“I will never tolerate arbitrary actions that undermine the rights of Guatemalan citizens.
I will remain firm in my commitment to guarantee objective and non-selective justice”, declared Porras after the reappointment.
The prosecutor has also assured that the main priority of her administration has been "the fight against corruption," according to AFP.
In a new statement published in February 2022, the US Department of State reiterated its "deep concern about the unacceptable treatment and persistent abuse of current and former independent prosecutors by the Public Ministry."
“Under the leadership of Attorney General Consuelo Porras, the Public Ministry used raids and arrests based on sealed indictments and selectively leaked case information with the apparent intention of targeting and punishing Guatemalans who fight against impunity and promote transparency. and accountability,” the report continued.
Porras was appointed for her first term by Jimmy Morales, a former president whose mandate was overrun by corruption scandals and his closeness to the hard core of the Army, which includes those accused of crimes against humanity during the civil war (1960-1996). , and that he was accused by former Foreign Minister Édgar Gutiérrez of sexually abusing at least ten employees of his Government, in a complaint that, according to the complainant, did not prosper due to the protection of Congress and the fear of the alleged victims.
According to those affected, Porras has persecuted dissidents with his management and that of Giammattei since his arrival at the Prosecutor's Office.
At least seven jurists have gone into exile in the United States out of fear and threats: in addition to Sandoval, Thelma Aldana, Porras' predecessor in the post;
the former magistrate of the Court of Appeals Claudia Escobar;
former FECI prosecutor Andrei González;
the elected magistrate of the Constitutional Court (CC) Gloria Porras.
The last to join the group in exile was Judge Erika Aifán, who also fled to Washington due to threats from "political and criminal networks."
Justice in Guatemala is under siege.
Those who try to exercise it independently of power are persecuted, threatened or, in the best of cases, see their investigations obstructed.
Last week, Miguel Ángel Gálvez, the magistrate who sent nine soldiers accused of crimes against humanity in the Diario Militar case to trial, denounced that he had received threats upon learning of his decision.
Just one more example in a country where impunity seems like the law.
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