FY2018_Q1_Quarterly_Technical_&_Financial__Reports_Oct-Dec_2017.pdf

SECURITY AND JUSTICE

SECTOR REFORM PROJECT

QUARTERLY REPORT

(OCTOBER 1 – DECEMBER 31, 2017)

January 19, 2018 This publication was produced for review by the United States Agency for International Development. It was prepared by Checchi and Company Consulting, Inc.

SECURITY AND JUSTICE SECTOR

REFORM PROJECT

Contract No. AID-520-C-12-00004

QUARTERLY REPORT

(October 1 – December 31, 2017)

Prepared by:

Checchi and Company Consulting, Inc.

1899 L St, NW, Suite 800 Washington, DC 20036

January 19, 2018

DISCLAIMER

The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

TABLE OF CONTENTS

List of Acronyms ............................................................................................................. i

Executive Summary ...................................................................................................... iii

Resumen Ejecutivo ........................................................................................................ v

1.0 PROGRAM PROGRESS AND HIGHLIGHTS

1.1 Activity Reporting

1.1.1 Lower Level Result 1: Greater state capacity to manage security and justice administration

1.1.2 Lower Level Result 2: Greater state capacity to provide security and justice for citizens

1.1.3 Cooperation with Other Organizations and Donor Agencies

2.0 CROSS-CUTTING COMPONENTS / ACTIVITIES

2.1 Security and Justice Sector Activities Fund (Sub-Awards)

2.2 Rapid Response Fund (RRF)

2.3 Gender Integration

2.4 Summary of Training Activities and Events

3.0 SHORT-TERM TECHNICAL ASSISTANCE EFFORTS

3.1 Short-Term Technical Assistance Consultancies

3.2 Home Office Support

4.0 MONITORING AND EVALUATION ACTIVITIES

5.0 SPECIAL REPORTING

5.1 Administrative Issues

Annexes:

Annex A. Training Chart Annex B. Success Stories Annex C. Advances in the MP Evaluation Unit Annex D. Analysis of the Implementation of the Democratic Criminal Policy Annex E. Strategic Indicators for the Democratic Criminal Policy

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LIST OF ACRONYMS

CC Constitutional Court

CECON Center for Conservationist Studies of San Carlos University

CICIG International Commission Against Impunity CIDEJ Center for Information and Judicial Statistics

CONAP National Council for Protected Areas

CSJ Supreme Court

DICRI Directorate of Criminal Investigation

EFI Interdisciplinary Forensic Team

FADS Familiares y Amigos contra la Delincuencia y el Secuestre

FY Fiscal Year

GOG Government of Guatemala

IDPP Public Defense Institute (Instituto de la Defensa Pública Penal)

INACIF National Institute of Forensic Science (Instituto Nacional de Ciencias Forenses de Guatemala)

INL United States Bureau of International Narcotics and Law Enforcement Affairs

ISO International Organization for Standardization

IT Information Technology

JPPPP First Pluripersonal Justice of the Peace Criminal Court

LLR Lower Level Result

M&E Monitoring and Evaluation

MINGOB Ministry of Governance

MP Public Ministry (Ministerio Público)

NDI National Democratic Institute

NIMD Netherlands Institute for Multiparty Democracy

OJ Judicial Branch (Organismo Judicial)

ONSEC National Civil Service Office

PCDEG Democratic Criminal Policy of Guatemala

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PGN Solicitor General’s Office

PNC

National Civilian Police (Policía Nacional Civil)

QR Quarter

RRF

Rapid Response Fund SAT Superintendence for Tax Administration

SJSIs Security and Justice Sector Institutions

SJSRP Security and Justice Sector Reform Project

UNICAP Training Unit of the Public Ministry

USAID United States Agency for International Development

USG United States Government

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EXECUTIVE SUMMARY

From October through December 2017, the political crisis that has affected Guatemala since August appeared to have calmed, although the country still faces a climate of uncertainty due to paralysis in the legislative and executive branches. The crisis began at the end of August, when President Jimmy Morales attempted to expel the Commissioner of the International Commission against Impunity in Guatemala (CICIG) from the country, which was followed by a series of events in Congress known as the “pact of the corrupt” (a term stemming from public opinion toward the shady negotiations and agreements within Congress), all of which led to massive citizen protests.

Since then, a kind of lethargy has taken over both branches of the state legislative and executive entities, which analysts explain as cautionary, or as a change in strategy in the face of citizen pressure.

Legislative productivity did not achieve more than a score of laws passed in 2017, and for the first time in its history, the legislative year closed without reaching consensus to approve the General Budget or the Congressional Governing Board of Directors. The Executive Branch also has remained silent, and not a single public policy has advanced. Neither body has responded to the citizen demands from the massive marches in September, which include a request for reforms to the Law for Elections and Political Parties, the Civil Service Law, and the Law for Purchases and Contracts.

In the Judicial Branch (OJ), the Supreme Court (CSJ) elected a new president, Magistrate José Antonio Pineda, in October. The Public Ministry (MP) and CICIG presented a criminal case known as “Pandora’s Box,” in which the former president and current mayor of Guatemala City, Álvaro Arzú, is implicated in participating in negotiations meant to dominate the Congress through the new Board of Directors, among other dealings.

It was in this environment that the Security and Justice Sector Reform Project (SJSRP or Project) operated in the first quarter of its sixth fiscal year (FY). Despite these significant political challenges, the Project continued to make progress on work plan activities, always in collaboration with its counterpart institutions.

Under Sub Lower Level Result (LLR) 2.1, Greater state capacity to provide security and justice for citizens, the SJSRP continued working with each of its institutional counterparts to build upon previous achievements and work toward current goals. In the Judicial Branch, the SJSRP continued to provide technical assistance and training to strengthen the 24 Hour Courts, High Risk Courts, and Pluripersonal Court models. Of particular note was the approval by the Coordinating Body for the Modernization of the Justice Sector to open a new 24 hour court in Chiquimula with SJSRP support.

In the Public Defense Institute (IDPP), the SJSRP provided technical and financial assistance for a three-day Congress on Cyber Networks, Criminal Structures and Corruption, in which more than 100 justice sector actors learned about cyber-crimes, the use of cyber networks for criminal activity, and how corruption rings have used cyber networks to commit crimes.

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In Sub LLR 2.4, Support the Government of Guatemala (GOG) in presenting reforms and implementing key legislation, the SJSRP continued to form strategic alliances within the justice sector, Congress, and civil society in order to promote reforms to key laws. The Project made advances this quarter on the following developing prioritized laws: Criminal Code, Civil Service Law, Law for Biological Diversity, Criminal Procedural Code, Procedural Code for Labor and Social Security, and the Environmental Damage Assessment Law, among others. Notably, one law supported by the Project was passed by Congress: the Law for a Genetic Data Bank for Forensic Use. The SJSRP also assisted in the implementation of key laws, including the MP Organic Law and the reform to the Criminal Procedure Code (Congressional Decree 7-2011), which addresses misdemeanors. With regard to the former, 141 MP staff members graduated from a professional development program for prosecutors, which was developed with Project support in response to reforms under the MP Organic Law. With regard to Decree 7-2011, the Project trained 1,485 justice professionals in the procedures required by the law.

In Sub LLR 2.5, Strengthen the GOG’s capacity to investigate and prosecute corruption cases, the SJSRP continued the successful implementation of its case investigation and litigation methodology in the MP Anti-Corruption Unit (which includes the Prosecutor’s Offices against Corruption, Internal Affairs, and Administrative Crimes) and the Prosecutor’s Office against Extortion, resulting in increased efficiency in investigations and case management, more effective operations, and stronger litigation during the trial stage. As a result of this support, the Prosecutor’s Office for Internal Affairs has achieved 80% efficiency in resolving admitted cases, and investigators in the Prosecutor’s Office against Corruption were able to locate suspects pending arrest (known as objectives) with 100% effectiveness. Similarly, the Prosecutor’s Office against Extortion carried out a successful nationwide operation, using the capacities of the six new regional extortion offices opened with Project support during the past year. As a result of this operation, the Prosecutor’s Office against Extortion was able to resolve 29 pending cases which, after two years of investigation, determined that the involved criminals obtained more than two million quetzals (approximately $270,000 USD) as a result of their extortion activities.

Also under Sub LLR 2.5, the Project continued efforts to increase transparency and accountability in Security and Justice Sector Institutions (SJSIs). This quarter, the Project continued to support the ongoing implementation of International Organization for Standardization (ISO) 9001:2015 norms in the Constitutional Court (CC) and the MP. Notably, the Project signed a Letter of Agreement to implement ISO 9001 standards in the Prosecutor’s Office against Extortion, in order to optimize internal procedures and improve the reception of criminal complaints, case analysis, investigations, evidence collection, and presentation of cases in courts. The Project also advanced with archive digitalization projects in the CC and OJ, leading to greater efficiency and transparency in each of the courts.

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RESUMEN EJECUTIVO

Durante el trimestre de octubre a diciembre 2017, la crisis política que afectó Guatemala desde agosto parece haberse diluido, pero permanece el clima de incertidumbre que ha provocado una especie de parálisis legislativa y ejecutiva en la conducción del país. Luego de la crisis iniciada en el ejecutivo a final de agosto, cuando el Presidente Morales intentara expulsar al Comisionado de la CICIG, seguida por una serie de hechos ocurridos en el legislativo en lo que se llamó “pacto de corruptos” (término asignado por la opinión pública a las negociaciones y acuerdos oscuros de congresistas), se desarrollaron masivas protestas ciudadanas contra los dirigentes políticos.

A partir de entonces, se ha desencadenado una especie de aletargamiento en ambos organismos del Estado, que analistas explican como una reacción de cautela y otros como un silencio o cambios de estrategia ante la presión ciudadana. La productividad legislativa no logró más que una veintena de leyes aprobadas durante 2017 y el año legislativo cerró sin que pudieran arribar a consensos para aprobar el Presupuesto General de la Nación ni su propia Junta Directiva (promovida desde el ejecutivo), como un hecho sin precedente. El ejecutivo guarda también silencio y ninguna política pública ha avanzado. Ninguno de ambos organismos ha manifestado respuesta a las demandas ciudadanas de las masivas marchas de septiembre, entre las cuales se requería reformas a la Ley Electoral y de Partidos Políticos, Ley de Servicio Civil y Ley de Compras y Contrataciones.

Mientras tanto, el Organismo Judicial (OJ) logró la elección de su nuevo presidente, José Antonio Pineda, en el mes de octubre. El Ministerio Público (MP) - CICIG presentaron el caso criminal “Caja de Pandora”, en el que se involucra el ex presidente y actual Alcalde capitalino, Álvaro Arzú y que se vinculan con las negociaciones para dominar el Congreso a través de la nueva Junta Directiva y otras negociaciones.

Fue en este ambiente que el Proyecto Seguridad y Justicia de USAID (SJSRP o Proyecto) operó en el primer trimestre de su sexto año fiscal (FY). El Proyecto continuó haciendo progreso en sus actividades del plan de trabajo, siempre en colaboración con sus instituciones contraparte.

Bajo el Sub Resultado de Bajo Nivel (Sub LLR) 2.1, Mayor capacidad estatal para proveer seguridad y justicia para ciudadanos, el SJSRP continuó trabajando con cada una de sus contrapartes institucionales concretar logros previos y trabajar hacia las metas actuales. En la rama judicial, el SJSRP continuó proveyendo asistencia técnica y capacitación para fortalecer los juzgados de turno, los juzgados de mayor riesgo y los modelos de juzgados pluripersonales. Fue particularmente notable la aprobación por parte de la Instancia Coordinadora de la Modernización del Sector Justicia para la apertura de un nuevo juzgado de turno en Chiquimula con el apoyo del Proyecto.

En el Instituto de la Defensa Pública Penal (IDPP), el SJSRP proveyó asistencia técnica y financiera para el evento de tres días denominado “Congreso sobre Redes Cibernéticas, Redes Criminales y Corrupción” en el cual más de 100 actores del sector justicia aprendieron sobre delitos cibernéticos, Checchi and Company Consulting, Inc. vi el uso de redes cibernéticas para la actividad criminal y sobre cómo grupos de corrupción han usado redes cibernéticas para cometer delitos.

En el Sub LLR 2.4 Apoyar al Gobierno de Guatemala (GOG) en presentar reformas e implementar legislación clave, el SJSRP continuó formando alianzas estratégicas dentro del sector justicia, Congreso de la República y sociedad civil con el fin de promover reformas a legislación clave. El Proyecto hizo avances este trimestre en la promoción e implementación de las siguientes leyes prioritarias: Código Penal, Ley del Servicio Civil, Ley de Biodiversidad Biológica, Código Procesal Penal, Código Procesal Laboral y de Seguridad Social, y Ley de Daño Ambiental, entre otros. Es de notar que una ley apoyada por el Proyecto fue aprobada por el Congreso este trimestre: la Ley del banco de datos genéticos para usos forenses. El SJSRP también proveyó asistencia en la implementación de leyes clave incluyendo la Ley Orgánica del MP y las reformas al Código Procesal Penal (Decreto del Congreso 7-2011) el cual trata sobre faltas y delitos menos graves. En relación a la Ley Orgánica del MP, 141 miembros del personal de dicha institución se graduaron de un programa de desarrollo profesional para fiscales el cual fue desarrollado con apoyo del Proyecto en respuesta a reformas planteadas bajo la Ley. Sobre lo relacionado al Decreto 7-2011 el proyecto capacitó a 1,485 operadores del sector de justicia en los procedimientos requeridos por la ley.

En el Sub LLR 2.5, Fortalecer la capacidad del Gobierno de Guatemala para investigar y perseguir casos de corrupción, el SJSRP continuó la exitosa implementación de su metodología de investigación y litigio de casos en la Unidad Anticorrupción del MP (que incluye a la Fiscalía Contra la Corrupción, de Asuntos Internos y de Delitos Administrativos) y la Fiscalía Contra la Extorsión, resultando en un incremento en la eficiencia en la investigación y manejo de casos, operativos más efectivos y litigio más fortalecido durante la etapa de juicio. Como resultado de este apoyo la Fiscalía de Asuntos Internos ha alcanzado un 80% de eficiencia en la resolución de casos admitidos, así también los investigadores en la Fiscalía Contra la Corrupción fueron capaces de ubicar objetivos con un 100% de efectividad. De manera similar, la Fiscalía Contra la Extorsión llevó a cabo un operativo a nivel nacional utilizando las capacidades de las seis nuevas oficinas regionales contra la extorsión que abrieron con apoyo del Proyecto durante el último año. Como resultado de esta operación la Fiscalía Contra la Extorsión fue capaz de resolver 29 casos pendientes los cuales, después de dos años de investigación, determinaron que los criminales involucrados obtuvieron más de dos millones de quetzales (aproximadamente $270,000 USD) como resultado de sus actividades de extorsión.

También bajo el Sub LLR 2.5, el Proyecto continuó sus esfuerzos para aumentar la transparencia y responsabilidad en las Instituciones del Sector Seguridad y Justicia (SJSIs). Este trimestre, el Proyecto además siguió apoyando la implementación de las normas de la Organización Internacional para la Estandarización (ISO) 9001:2015 en la Corte de Constitucionalidad (CC), y el Ministerio Público (MP).

Resalta que el Proyecto firmó una Carta de Compromiso para implementar los estándares ISO 9001 en la Fiscalía Contra la Extorsión con el objetivo de optimizar los procedimientos internos y mejorar la recepción de denuncias, el análisis de casos, la investigación, la recolección de evidencia y la presentación de casos ante los juzgados. El Proyecto también avanzó con los proyectos de digitalización de los archivos en la CC y el OJ lo cual lleva a una mayor eficiencia y transparencia en cada uno de los juzgados.

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1.0 PROGRAM PROGRESS

AND HIGHLIGHTS

1.1 ACTIVITY REPORTING

This quarter represents the first quarter of the SJSRP’s sixth fiscal year. During this quarter, the SJSRP was able to advance in several areas of its Annual Work Plan. All program activities were carried out in close coordination with the Project’s GOG counterparts, with the goal of increasing institutional capacity and promoting greater levels of efficiency, transparency and accountability.

1.1.1 Lower Level Result 1: Greater state capacity to manage security and justice administration

PNC Organic Law

Advances regarding the National Civilian Police (PNC) Organic Law are now reported under Sub LLR 2.4, Support the GOG in presenting reforms and implementing key legislation.

Sub LLR 1.3: Improve management and administration of SJSIs

Implementation of ISO 9001 and 17025 Standards

Advances regarding the implementation of ISO standards are now reported under Sub LLR 2.5, Strengthen the GOG’s capacity to investigate and prosecute corruption cases.

1.1.2 Lower Level Result 2: Greater state capacity to provide security and justice for citizens

Sub LLR 2.1: Improve performance, efficiency and accountability of SJSIs

Judicial Branch

Electronic Notification

This quarter, the SJSRP continued to provide technical support to the OJ in the application of an electronic common calendar via an electronic interconnection system. This model promotes greater efficiency, efficacy, and transparency in judicial management. The trainings provided by the SJSRP in previous quarters to criminal court staff on electronic calendaring and criminal case management has allowed this hearing management system to become sustainable.

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The electronic calendar system functions in 149 criminal courts throughout Guatemala. This quarter, a total of 23,188 communications were sent via the system from the OJ to the MP and IDPP. It is important to note that the number of hearings programmed consistently diminishes during the months of November and December given that 50% of all criminal courts are on vacation during this time.

HEARING-RELATED COMMUNICATIONS

SENT BY OJ TO MP AND IDPP

Month IDPP MP Total

October 2017 114 8,918 9,032

November 2017 3,895 6,663 10,558

December 2017 1,623 1,975 3,598

Total This Quarter 61,917 77,146 139,063

The SJSRP provided technical assistance to the OJ in placing and managing embargos on bank accounts through the electronic system. This new process allows for greater security and helps ensure the presence of the accused at hearings. As of November 2, 2017, the OJ had carried out 391 embargo orders, which were received electronically by the national bank system.

24 Hour Courts

The SJSRP continued to support the 24 Hour Courts located in Torre de Tribunales, Gerona, Family Court, Mixco, Villa Nueva, Sacatepéquez, Quetzaltenango and Escuintla, with a focus on helping these courts comply with deadlines established by law, avoid human rights violations, and comply with guarantees for victims of crimes.

In the Mixco Court, the SJSRP coordinated with the Mixco Transit Authority to carry out blood alcohol tests for persons detained while intoxicated. Cooperation between the Transit Authority and the MP resulted in stronger investigations and gave judges better tools to issues judgments in these cases.

The Project also continued to support the 24 Hour Justice of the Peace Criminal/Habeas Corpus Court.

The SJSRP worked with the Supreme Court to approve Agreement 66-2017, which created a group of three habeas corpus judges, working from 7 AM to 7 PM seven days a week, which allows the Justice of the Peace of this court to dedicate his time wholly to resolving the legal situation of detained persons. In 2017, the OJ responded to 8,256 habeas corpus requests.

Also within the framework of supporting these courts, the SJSRP supported the OJ in inaugurating a waiting room in Guatemala City’s 24 Hour Justice of the Peace Criminal Court designated only for adolescent women. With this new waiting room, adolescents in conflict with the law have better security and receive better attention.

In the 24 Hour Court in Escuintla, the Project helped implement an additional Justice of the Peace courtroom, which has helped decongest the high volume of cases that enter daily. The Project also followed up to help improve investigations and hold meetings among judges, prosecutors, public

Checchi and Company Consulting, Inc. 3 defenders and MP investigators to develop an intervention protocol for the 24 Hour Court for Minors in Conflict with the Law.

In December 2017, the Project presented a proposal to open a new 24 Hour Court in Chiquimula to the CSJ Criminal Chamber, the President of the Supreme Court, and the Coordinating Body for the Modernization of the Justice Sector, whose members include the Attorney General, Minister of Governance, Supreme Court President and IDPP Director.

The Coordinating Body unanimously approved the opening of this new 24 hour court. The Chiquimula court will hear cases from the majority of the municipalities in the departments of Chiquimula and Zacapa.

High Risk Courts and Tribunals

The SJSRP continued to provide technical assistance to strengthen Guatemala’s High Risk Courts and Tribunals. This quarter, efforts focused on issues including informatics and technology, particularly the preservation and analysis of information from electronic systems in order to identify evidence in a criminal investigation. This evidence proves particularly useful in analyzing criminal networks. The High Risk Courts are currently trying cases involving criminal structures accused of committing corruption, appropriation and dispossession of land, and extortion. To this end, the Project’s technical assistance provides knowledge necessary to judges so that they may issue appropriate sentences.

First Instance Justice of the Peace Criminal Court

The Project continued to support coordination activities among the First Instance Justice of the Peace Criminal Court and justice sector counterparts. Issues discussed included:

• The permanent presence of prosecutors in the Court to adequately address the high volume of cases.

• Judges will now allow prosecutors adequate time to finalize investigations so they no longer need to present new evidence during the debate phase.

• The IDPP committed to maintaining two defenders in the Court, which previously had to suspend hearings due to the absence of a defender.

• The Prosecutor’s Office for Children consolidated criteria for receiving a psychological evaluation and its use in convictions. For complex cases, the MP will request the report from the National Institute of Forensic Science (INACIF), thus eliminating the necessity for an INACIF expert to present directly in the Court.

Coordination meeting of the Villa Nueva 24 Hour Court.

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Public Defense Institute

The Project supported the IDPP in its current leader’s mission to provide training to strengthen the capabilities of public defenders and support staff. To this end, through its Rapid Response Fund (RRF), in November the SJSRP held a three-day Congress on Cyber Networks, Criminal Structures and Corruption. More than 100 justice sector actors attended the event, including public defenders from throughout the country, judges, magistrates, and prosecutors. Local and international experts presented on topics including cyber-crimes, the use of cyber networks for criminal activity, and how corruption rings have used cyber networks to commit crimes.

Public Ministry

MP Annual Report

This quarter the SJSRP held meetings and workshops in order to collect the necessary inputs for the fourth MP Annual Report. According to the MP Organic Law, this report must include work carried out, obstacles, achievements, legal dispositions and a proposal for improvements. These interviews will also provide inputs for the transition report once a new Attorney General takes office in May 2018.

Authorities participate in the inauguration of the Congress on Cyber Networks, Criminal Structures and Corruption.

Attendees at the Congress on Cyber Networks, Criminal Structures and Corruption.

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Sub LLR 2.2: Improved investigation and prosecution of environmental crimes

The SJSRP finalized the majority of activities under this Sub LLR last quarter. The only activity remaining is the donation of audio equipment for the Environmental Court in Petén, which will be delivered early next quarter.

Sub LLR 2.3: Support the Supreme Court’s Information Platform

This Sub LLR was finalized during the final quarter of FY2016. Nevertheless, several of the projects that the OJ initiated as a result of this $3 million donation continue to receive technical support from the SJSRP. These efforts, and their results, are detailed under Sub LLR 2.5.

Sub LLR 2.4, Support the Government of Guatemala (GOG) in presenting reforms and implementing key legislation

This quarter he SJSRP continued to provide technical assistance to the relevant Congressional committees and GOG counterparts to advance in the drafting, approval and implementation of key laws, as described below.

Development of Proposals for New Laws or Reform

Criminal Code: Following a months-long process of working groups, validation meetings, and reviewing comparable laws, on October 26, 2017, the SJSRP supported Congressman Cornelio García, President of the Congressional Commission for Legislation and Constitutional Matters, and Supreme Court Magistrate Delia Dávila in the public presentation of the proposal for a new Criminal Code for Guatemala. The proposal incorporates new trends in criminal law as seen in Latin America and Europe, and has a political-criminal orientation toward combating organized crime and protecting the victims of crimes, while also addressing the resocialization of delinquents via the incorporation of new penalties and alternative measures to prison sentences. The public presentation marked the beginning of a public comment period, which lasts through mid-December. In January 2018, Congressman

Left: Congressman Cornelio García presents the proposal for a new Criminal Code. Right:

Congressman García and Magistrate Delia Dávila give a press conference about the proposed Code.

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García will present the criminal code, incorporating the public comments received, as a bill within Congress.

Criminal Procedure Code: The SJSRP provided technical assistance in reviewing and validating a proposal for a reform to the Criminal Procedure Code supported by the Criminal Chamber of the Supreme Court, with additional support from the U.S. Bureau of International Narcotics and Law Enforcement Affairs (INL).

Code of Labor Procedures and Social Security: The Project continued to support the CSJ in developing a proposal for the Code of Labor Procedures and Social Security. The draft proposal is now complete and will be validated by a technical working group in January and then by actors involved in the process, including the CSJ Plenary, trade unions, employers, lawyers who work in this area, and civil society. It is expected that the CSJ will present this law to Congress in March.

Biodiversity Law: The Project continued supporting the Center for Conservationist Studies of San Carlos University (CECON) in the development of the Biodiversity Law. This quarter the SJSRP held meetings to present and validate the results of a study on the four models of biodiversity conservation in Guatemala: Parque Regional Todos Santos, Cuchumatanes, Cuenca del Río Coyolate and Comunidad Ladinos Pardos. The Project also finalized a series of roundtables on the importance of biodiversity in order to raise the profile of this theme and receive inputs for the law proposal.

Environmental Damage Assessment Law: The Project continued to support Congressman José Rodrigo Valladares in the development of a proposal for an Environmental Damage Assessment Law.

This quarter the Project held workshops with academia, civil society, government institutions and business that work in this area, in which they discussed the methodology for economic evaluation of environmental damage and received inputs to better develop the law.

Civil Service Law: The Project supported the National Civil Service Office (ONSEC) in

Members of the Guatemalan Congress and ONSEC participate in a presentation on the Civil Service Law.

The 15th meeting of the Technical Working Group for the Code of Labor Procedures and Social Security, with the participation of labor judges and magistrates and an SJSRP consultant.

Checchi and Company Consulting, Inc. 7 raising awareness about its proposal for the reform to the Civil Service Law by holding a presentation on key themes to be reformed with heads of congressional voting blocks and the Labor Commission.

Congressmen involved expressed their interest in promoting the process.

PNC Organic Law: Given that the proposal for the PNC Organic Law has been pending submission to Congress by the President for many months, the PNC requested the Project’s assistance in developing regulations to develop the police career, based on what was established in the draft law.

To this end, the Project developed a work schedule proposal.

Promotion of Laws and Legal Reform

Given the complex political situation within Congress following the decrees approved in September popularly known as the “pact of the corrupt,” as well as internal discussions regarding the budget and the 2018 Governing Board, congressional productivity regarding legislation was low. As a result, there were no advances regarding the Organic Law of the Solicitor General’s Office (PGN) or the Law for the Democratic Criminal Policy. Nevertheless, Congress did pass one law supported by the SJSRP:

the Law for a Genetic Data Bank for Forensic Use. This law is discussed in the following section.

Implementation of Laws

Law for a Genetic Data Bank for Forensic Use: On November 28, 2017, Congress approved Decree 22-2017, “Law for a Genetic Data Bank for Forensic Use.” This initiative proposed by the CSJ creates a databank of genetic information in order to facilitate criminal investigations, as well as a registry that includes information on convicted sexual aggressors in order to provide necessary follow-up once they are released. The SJSRP supported the promotion and approval of this law, first within the CSJ and then within the Congressional Commission for Justice Sector Reform, which issued a favorable opinion on the law. The Project will now provide technical assistance to the CSJ, MP and INACIF in implementing the law, beginning with the development of regulations required by the law. Further information is included in a Success Story in Annex B.

Judicial Career Law: On October 24, 2017, the Judicial Career Law (Congressional Decree 17-2017) entered into force. The reform allows for the implementation of the Judicial Career Law approved one year prior, but due to a series of legal loopholes, the Career Council – a key aspect of the law – could not be formed. The reform initiative was presented by Congressman Cornelio Garcia, having been developed and validated by justice sector representatives during a series of working group meetings supported by the SJSRP. The Project is supporting the Career Council in calling for the election of pending members, including a human resources expert, a psychologist, and an expert in public administration. The Project is also supporting a drafting of the Judicial Career Law which includes comments for the members of the judicial Career Council.

Organic Law of the Public Ministry: The reforms to the MP Organic law include various changes focused on personnel professionalization. To support the implementation of these reforms, the SJSRP provided technical and logistical support to the MP in validating and presenting a curriculum for the administrative professionals in the MP. The curriculum includes the following four courses: ethics in

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cross-cutting elements of administrative functions;

and security/risk prevention.

Also in support of implementing the law, the SJSRP supported the MP’s Training Unit (UNICAP) in developing a system to manage and store its documents. The system is currently in the process of internal validation. Once approved, the system will strengthen processes regarding saving and classifying documents independently of changes in MP administration.

The Project also supported the implementation of a prosecutorial career path as part of the reform. Prior to the law’s passage, the MP did not have a formal program to strengthen technical skills for its prosecutors, nor did it have a career path defined by achievements and objective criteria to regulate internal promotions. With support from the SJSRP, a technical curriculum was developed and launched for the professional development of prosecutors. Over six months, aspiring prosecutors participated in the educational program that covered topics through a constructive learning model, with a focus on gender, multiculturalism, youth and adolescence, and human rights. Culminating this process, on November 24, 2017, the first cohort of 141 candidates for positions in District and Sectional Prosecutor’s Offices, as well as auxiliary prosecutors, graduated from the training. The graduation represents a positive action to strengthen the Public Ministry through stronger human resources, allowing for a new generation of well-trained prosecutors and a better service to the Guatemalan society.

Through this capacity building effort, the Public Ministry is demonstrating its commitment to fulfilling its role as a central actor within the justice system in Guatemala.

Also this quarter, the SJSRP continued to provide technical assistance in developing the methodological design, pedagogical mediation, and teacher support material for six modules for prosecutorial support staff.

The Project continued its support of the MP Performance Evaluation Unit as well, holding meetings to validate new regulations for the unit, which are currently pending comments from the MP Secretary

The first cohort of 141 prosecutors and prosecutorial staff graduate from the Prosecutorial Career Program of the Public Ministry in Guatemala City in November of 2017.

Official presentation of the Curriculum to the Secretary General of the Public Ministry.

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General. Also with SJSRP support, the MP has observed and evaluated 353 hearings nationwide in October and November, representing a 146% increase over the hearings evaluated during the same time period in 2015. This allows the MP to improve management of prosecutorial services. Of the six consultants contracted by the SJSRP to support this task, two have been hired by the MP as full-time staff, and the rest will be brought on full-time between January and February of 2018. This demonstrates the institution’s commitment to sustaining the efforts supported by the Project. See Annex C for additional information on advances in the Performance Evaluation Unit.

Also this quarter, the SJSRP held two bimonthly meetings with the Attorney General, her core team, and Regional, Section, District and Municipal prosecutors, with the objective of sharing advances in the Performance Evaluation Unit and making adjustments in prosecutor office management. As part of these meetings, Excellence Awards were given to 12 Prosecutor’s Offices, in light of their strong performance and attention provided to users.

Finally, the SJSRP supported the revision of training documents for the Regional Prosecutor’s Offices, as well as provided IT equipment and furniture to seven of the eight regional offices named in the reform to the MP Organic Law.

The official presentation of the Excellence Award and bimonthly meeting of presentation of results in November 2017.

Map that shows the distribution of the eight Regional Prosecutor´s Offices required in the reform to the MP Organic Law.

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Decree 7-2011: Procedures for Misdemeanors: With the reform to the Criminal Procedure Code (Congressional Decree 7-2011), it was established that crimes with a penalty of less than five years of prison could be heard by Justices of the Peace via a rapid, simple process focusing on the application of conciliatory measures. As of July 3, 2017, the CSJ began implementing this procedure in four municipalities in different regions of Guatemala. In response to a request from the MP, OJ and IDPP, the Project provided technical and financial assistance to train relevant staff in the required procedures.

Additionally, the Guatemalan Bar Association requested that the Project provide similar training to attorneys. In response, this quarter the Project carried out training for lawyers in the departments of Guatemala, Quetzaltenango, San Marcos, Quiché, Sololá, Petén, Huehuetenango, Suchitepéquez, Chimaltenango, Sacatepéquez, Escuintla, Jutiapa and Chiquimula, training a total of 1,485 legal professionals. The training includes topics such as the roles of jurisdictional bodies and prosecutor’s offices for crimes caught in the act, investigation and litigation, administrative processes for assigning cases, and judicial criteria, among other areas.

Democratic Criminal Policy: This quarter the SJSRP continued to support implementation of the Democratic Criminal Policy of Guatemala (PCDEG by its Spanish acronym), in addition to supporting it as a bill within Congress. Although not yet a law, the policy is supported by the Executive, Legislative and Judicial Branches, as well as the Public Ministry. This policy has as its primary function the creation of inter-agency strategies to use in addressing and prioritizing criminal phenomena. The policy is based on the four key axes of crime prevention, efficient investigation, effective punishment and rehabilitation of those who are punished.

The Project continued supporting implementation of the Pilot Plan of the PCDEG in the prioritized municipalities of Quetzaltenango, Antigua Guatemala, Villa Nueva, Mixco, San Benito- Flores, Zacapa, Chiquimula, Santa Cruz del Quiché, San Lucas Sacatepéquez, Jutiapa, Mazatenango, Coatepeque, Chimaltenango, Retalhuleu, Jalapa, Huehuetenango, Puerto Barrios, San Marcos, Chinautla, Escuintla, Villa Canales and Cobán. The objective of the pilot program is to reduce high indexes of criminality in these municipalities. To do so, the Project supported a number of meetings with state officials, community leaders, religious leaders, unions and judges in the various communities. To date, implementation of the policy in these communities has led to the following results:

1. Working groups in each of the priority municipalities have formed specialized roundtables based on one of the PCDEG’s axes, in order to establish specific actions to carry out, responsible parties, and timelines. These groups meet frequently to discuss advances.

Monitoring event for the PCDEG pilot plan in the municipality of Mazatenango on September 29, 2017.

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2. Several mayors and municipal corporations have committed to implementing the PCDEG, particularly the prevention axis.

3. Specialized working groups focusing on extortion crimes have been established in Chinautla, Villa Canales, Huehuetenango and Chimaltenango, allowing these communities to strategically develop prevention and investigation strategies for these types of crimes.

4. The working groups have achieved more and better communication among justice operators, allowing them to unify criteria and strategies to provide their communities efficient and prompt justice administration.

5. In several communities, the working groups have improved the drafting of police reports, which are fundamental for a strong start to the criminal process.

The SJSRP also supported the dissemination of the PCDEG, printing 3,000 copies of the policy for distribution.

The Project also supported specific actions under the various axes of the PCDEG. With regard to the Prevention and Investigation Axes, the SJSRP held meetings in Totonicapán, Quetzaltenango and Coatepeque, in which working groups discussed ways to prevent and address crimes against property;

local authorities committed to investing more resources in crime prevention and security, including an investment in better video surveillance; and participants discussed ways to promote a more active society both in terms of vigilance and in filing complaints against criminal acts. The Project also supported a meeting in Villa Nueva – which suffers from high incidences of murder, extortion, and robbery/theft – in which state institutions, the private sector, and civil society, particularly in the San José Villa Nueva sector, learned more about the rise in the crimes and committed to its prevention.

Additionally, the working group developed a Facebook page so that the community can learn about advances in the implementation of the PCDEG in Villa Nueva.

Also under the Investigation Axis, the SJSRP continued to support meetings among several public sector institutions in charge of public and cadastral registries, with the goal of sharing the information they manage with the MP electronically during an investigation. On October 5, this interconnection system was presented to municipal authorities in Escuintla, so that relevant parties could understand how to use the electronic platform, and to develop agreements to formalize local support to the MP in this regard. Additionally, the SJSRP held a meeting on crime scene management in Retalhuleu in order to support the implementation of the Investigation Axis in this municipality. This meeting strengthened operative and organizational capacities of the involved institutions in their scientific investigations.

Under the Reinsertion Axis, in October the SJSRP held an event to share successful experiences in Costa Rica in the area of prisoner rehabilitation and reinsertion, in order to encourage Guatemalan institutions and civil society to work toward improving the conditions of prisoners and providing more opportunities to those who return to society. Dr. Cecilia Sánchez, Costa Rica’s Minister of Justice, and Dr. Sara Villegas Fernández, Director of Social Insertion in Costa Rica, gave presentations.

The event allowed relevant Guatemalan authorities and civil society to learn more about the problems

Checchi and Company Consulting, Inc. 12 in prisons in order to prioritize actions to improve the quality of life, increase rehabilitation and reinsertion, and avoid recidivism. A follow up meeting was held in December with Guatemalan authorities and civil society, in which participants agreed to promote rehabilitation and reinsertion activities within detention centers via the Confraternidad Carcelaría de Guatemala, a group of volunteers who support prisoner rehabilitation.

Finally, the SJSRP provided technical assistance to the MP Secretary for Criminal Policy to support the implementation of the PCDEG. To this end, the Project developed a diagnostic evaluation regarding the implementation, as well as strategies for control and evaluation of the implementation process, including strategic indicators per axis. (See Annex D, Analysis of Implementation of the Democratic Criminal Policy, and Annex E, Strategic Indicators for the Democratic Criminal Policy.)

Alliances Created and Strengthened

The SJSRP continued to support the alliance between the Congressional Commission on Legislation and Constitutional Matters and the Criminal Chamber of the CSJ, which jointly presented a public opinion on the Criminal Code, developed with Project support.

The Project also worked with the National Democratic Institute (NDI), the Congressional Legislative Directorate and the Research Directorate to develop a Practical Guide for Work Commissions, which will help in training new members of congressional commissions next year.

Following a request from the CSJ Criminal Chamber, the SJSRP is participating in a working group made of up representatives from INACIF, MP, CICIG, Asociación para el Desarrollo Legislativo y la Democracia, IDPP and INL to review the proposed reform to the Criminal Code.

The Project also continued to support the group Alliance for an Efficient Congress in its project to promote citizen oversight of Congress.

Sub LLR 2.5, Strengthen the GOG’s capacity to investigate and prosecute corruption cases.

Public Ministry

Anti-Corruption Center

This quarter the SJSRP continued to provide technical assistance to strengthen the three offices that make up the Anti-Corruption Center (the Prosecutor’s Offices against Corruption, Administrative Crimes and Internal Affairs). In particular, the Project supported implementation of the case resolution methodology designed by the SJSRP in in the Prosecutor’s Office for Internal Affairs, Dr. Cecilia Sánchez, Minister of Justice and Peace of Costa Rica, speaks at the event on prisoner rehabilitation and reinsertion.

Checchi and Company Consulting, Inc. 13 providing ongoing accompaniment during investigations to ensure their prompt resolution. To date, as a result of this assistance, this office has been able to review and rework old cases with weak investigation lines in order to determine how best to resolve them quickly and efficiently, with several already having been resolved either via dismissal, alternative measures, or trial and sentencing. In addition, the office has achieved 80% efficiency in resolving admitted cases, which represents an increase in productivity for the 20 people on staff.

In the Prosecutor’s Office for Administrative Crimes, after observing low case resolution rates, low investigation effectiveness (which was 20%, according to evaluations done by the Public Ministry), and high rates of delays, the SJSRP helped carry out a situational analysis and review of files to identify the best way to resolve the issues. As a result, it was determined necessary to change the way this Office performs its functions. To this effect, on December 18, 2017, the SJSRP presented its case investigation methodology implemented in the other offices of the Anti-Corruption Center. The methodology requires the Prosecutor’s Office to determine the staff responsible, necessary steps, objectives and necessary time frames to carry out each case within the first 72 hours after receiving a report of criminal activity. The office must also perform periodic follow-up to ensure the case advances. In addition, as with the other two offices, the SJSRP helped this office identify a series of complex cases in which to apply the new methodology. The Prosecutor’s Office against Administrative Crimes agreed to begin implementing this methodology starting early next quarter with the objective of improving the office’s effectiveness.

In the Prosecutor’s Office against Corruption, the SJSRP provided ongoing accompaniment to the Directorate of Criminal Investigation (DICRI) investigation units. A total of 20 investigators participated in the Project-led training on criminalistics techniques for DICRI personnel. As part of this training, participants learned skills such as locating and confirming “objectives” – suspects pending arrest for alleged involvement in a crime or participation in a criminal structure investigated by the MP. The training included theoretical material as well as hands-on practice, as the participants used real cases with objectives in which they had to locate and confirm the targeted persons. The participants were able to do so with 100% effectiveness.

Prosecutor’s Office against Extortion

As part of the SJSRP’s ongoing effort to strengthen the implementation of the case management methodology based on linking associated cases, the Project supported the systemization of large-scale investigation and operation plans carried out by the Prosecutor’s Office against Extortion. As a part of this effort, the Project supported the massive operation called “Rescate Departamental” (Departmental Rescue), which built on the skills of the departmental extortion offices opened this year with Project support. During the operation, 81 raids were performed around the country – 35 in the department of Guatemala and 46 in the departments of Quetzaltenango, Quiché, Escuintla, Retalhuleu, Zacapa, Sacatepéquez, El Progreso, Jutiapa, Huehuetenango, Baja Verapaz, Chimaltenango, Izabal, Suchitepéquez and San Marcos. This resulted in the capture of 58 people charged with extortion (including three underage youths) and the issuance of 28 subpoenas.

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The high number of operations…