In a blow against impunity, Guatemala’s top court rules in favor of the return of UN anti-corruption commissioner · Global Voices
Guatemala's Constitutional Court. Photo: <PERSON>, published under Creative Commons license (CC BY-NC-ND).
The next 48 hours will be crucial for Guatemalan democracy. In a unanimous decision, the Constitutional Court of Guatemala ordered the government to allow Colombian jurist <PERSON> to return to the country and resume his work as head of the United Nations-backed International Commission against Impunity (CICIG in Spanish).
Last month, President <PERSON> announced that he will no longer renew the mandate of the CICIG aside from barring the return of <PERSON>, who is now based in the United States. The decision caused outrage nationally and internationally, prompting protests and condemnation from human rights defenders. The president's decision followed the Commission's allegations of corruption, specifically illicit campaign financing against <PERSON> himself, and against members of his family who are now facing a fraud trial before the Constitutional Court.
The next two days constitute not only a test for Guatemala's democratic institutions, but also for the sectors which backed the president in the past. According to the Court's official document, disobeying the Court's orders could mean the president's removal by constitutional mechanisms.
Journalists like <PERSON> and other commentators on social media closely observe and reflect upon the different looming scenarios, especially if <PERSON> refuses to comply with the court order and enlist the support of the Guatemalan army:
Guatemala: constitutional court rulings are final. There is no legal/constitutional way to ignore or overrule tonight's rulings which back @CICIGgt against president <PERSON>. What will he and his network of allied elites do next? Obey the constitution or go rogue = a coup
— <PERSON> (@ninalakhani) September 17, 2018
Human rights advocates, including the Ombudsman, <PERSON>, reacted with relief and satisfaction, but are still worried about the next move of the government and Congress:
Excelente noticia para la justicia guatemalteca, bienvenido comisionado @Ivan_Velasquez_ a seguir desde Guatemala la lucha contra la corrupción y la impunidad. No podía ser de otra manera la honorable @CC_Guatemala restablece una vez más el orden jurídico.
— <PERSON> (@JordanRodas) September 17, 2018
An excellent news for the Guatemalan justice system. 1017
Welcome, commissioner <PERSON>. Let's continue the struggle against corruption and impunity from Guatemala. It couldn't be otherwise. The honorable Constitutional Court reestablishes once again the public order.
What might happen in the next 48 hours, with the possible return of <PERSON> to Guatemala:
A political deja vu?
These events gain special significance when seen in the light of the long and difficult struggle against corruption in Guatemala and the country's recent political turmoils. In fact, the rise to power of <PERSON> followed an extraordinary popular movement fed up with the corruption and impunity of the political class that ended up with the resignation of President <PERSON> in 2015.
After the political crisis of 2015, in which the presence of the Commission also had an important role investigating corruption cases, the government of <PERSON> was expected to be under close scrutiny.
As <PERSON> finds himself in the middle of political and corruption scandals, the current crisis is seen as an important moment in which Guatemala could take step forward in protecting its democratic institutions, or a possible slide towards authoritarianism.
Salvadorian journalist <PERSON> points at the contrast between <PERSON> ‘the campaigner’ and <PERSON> ‘the president':
<PERSON> llegó a la presidencia de Guatemala aupado por grupos emergentes, vinculados algunos a la inteligencia militar. Llegó diciendo que no era corrupto ni ladrón. Hoy es un presidente que delira por el poder absoluto para evitar que lo investiguen por corrupción.
— <PERSON> (@HsilvAvalos) September 17, 2018
<PERSON> assumed Guatemala's presidency backed by emerging groups, some of them with links to military intelligence. He arrived [to power] saying he was neither corrupt nor a thief. Today he's a president who raves over absolute power to avoid being investigated for corruption.
Meanwhile, the hashtag #RenunciaYa (“Step down now”), which was used during the 2015 protests, has started gaining followers again while protests have been organized in the streets. 1017