FY2018_Q2_Technical_Report_SJSRP.pdf

SECURITY AND JUSTICE

SECTOR REFORM PROJECT

QUARTERLY REPORT

(JANUARY 1 – MARCH 31, 2018)

April 20, 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

(January 1 – March 31, 2018)

Prepared by:

Checchi and Company Consulting, Inc.

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

April 20, 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 ....................................................................................................... vi

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

4.0 MONITORING AND EVALUATION ACTIVITIES

5.0 SPECIAL REPORTING

5.1 Administrative Issues

Annexes:

Annex A. PNC Organic Law (Congressional Initiative 5410) Annex B. Presentation on UNICAP Open Source Document System Annex C. Brochure on 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

CNSAFJ National Commission to Support the Strengthening of Justice

CSJ Supreme Court

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

LGBTI Lesbian, Gay, Bisexual, Transgender/Transsexual and Intersex

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)

PCDEG Democratic Criminal Policy of Guatemala

PGN Solicitor General’s Office

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PNC

National Civilian Police (Policía Nacional Civil)

QR Quarter

RRF

Rapid Response Fund SIAT Filing System of the Supreme Court

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

Since 2015, Guatemala’s political context has been dominated by the fight against corruption – led by the Public Ministry (MP) and the International Commission against Impunity in Guatemala (CICIG)

– and the resulting social polarization between those who support these initiatives and those who feel victimized by them. This quarter (QR) was no exception.

Within Congress, a group led by the governing political party – known as the “Pact among the Corrupt,” given its public opposition to the fight against corruption – won the congressional presidency in January of 2018. According to civil society groups, this “Pact” requested that President Jimmy Morales replace the Minister of Governance, Francisco Rivas – hailed as a key player in the effectiveness of MP-CICIG anti-corruption operatives – with the newly named Minister Enrique Degenhart, who has been linked to individuals and sectors largely opposed to the fight against corruption, in particular Guatemala City Mayor Álvaro Arzú, who was accused of corrupt activity by the CICIG in September of 2017. Since Degenhart’s arrival, there have been allegations of a lack of cooperation with MP-CICIG, underscored by extreme actions recently undertaken by his administration, such as dismissing the highest authority of the National Civilian Police (PNC) without justification and removing 11 police agents responsible for supporting the CICIG during judicial proceedings.

The launch of the election process for the next Attorney General (AG) also dominated national discussion this quarter. The process began in January as the Elections Commission was sworn in; the Commission will send its nomination of the top six candidates to the President at the end of April for his selection. The newly elected Attorney General will occupy the post from May 2018 to May 2022.

Giving color to the election process, in January, current Attorney General Thelma Aldana announced that ten high-impact corruption cases will be presented before the month of May, in coordination with the CICIG. This includes the “Parallel Commissions” case, presented in February, which implicates a group of individuals in trafficking of influences to promote the inclusion of favored Magistrates in the final list of candidates for Attorney General – with some members of this network currently being considered for the Attorney General seat. A total of 39 individuals applied to be considered for the post of Attorney General; 29 of these individuals made it through the preliminary filters to the next round of evaluation.

Despite this polarized context surrounding the continued fight against corruption, the Security and Justice Sector Reform Project (SJSRP) has continued to carry out its planned activities without major complications, achieving results in a number of its technical activities.

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 (OJ), the SJSRP

Checchi and Company Consulting, Inc. iv continued to provide technical assistance and training to strengthen the 24 Hour Courts, High Risk Courts, and Pluripersonal Court models. Of particular note is the ongoing success of the implementation of the electronic inter-connection system, which has not only increased coordination among the MP, OJ and Public Defense Institute (IDPP), but also allowed for online verification of criminal court proceedings and monitoring of apprehension orders, embargo requests to banks, and requests for recordings of court proceedings by individuals currently undergoing judicial processes.

Also of note, in February the Guatemalan Supreme Court (CSJ) inaugurated the Pluripersonal First Instance Criminal Court for Narcotrafficking and Crimes against the Environment in the Department of Izabal, implemented with financial, technical and logistical support from the SJSRP (as reported under Sub LLR 2.5).

In the Public Defense Institute (IDPP), the SJSRP provided technical and financial assistance to implement a mock court room in the IDPP headquarters to be used for training purposes. The Project also supported trainings on case analysis and working with anonymous witnesses.

Under 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 this quarter, after years of Project support provided to the National Civilian Police (PNC) in drafting and promoting the PNC Organic Law, in February this law was finally presented to Congress for debate and approval. The legislation has the goal of modernizing the current legal structure for the police in Guatemala, as well as supporting professional development of the police force.

Under 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 Center (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, this quarter the Prosecutor’s Office for Internal Affairs received the MP’s Excellence Prize for its effectiveness rate of 100% and its case resolution statistics. The SJSRP also finalized a donation of IT equipment to the PNC’s Specialized Division for Criminal Investigation (DEIC) and Anti-Gang Division (DIPANDA), both of which are key law actors in the fight against extortion. Several regional police offices involved in extortion investigations received computers, printers, photocopiers and digital information storage systems, allowing them carry out their work in compliance with the timeframes stipulated in the case management methodology used by the Prosecutor’s Office.

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

Checchi and Company Consulting, Inc. v the Constitutional Court (CC) and the MP, particularly the Prosecutor’s Office against Extortion. The Project also advanced with electronic notification and archive digitalization projects in the CC and OJ, leading to greater efficiency and transparency in each of the courts.

Finally, the SJSRP continued its efforts to promote and implement Gender Equality Policies in the OJ, IDPP, National Institute of Forensic Science (INACIF) and MP. Notably this quarter, the IDPP publicly presented its Gender Equality Policy, developed with SJSRP support, and committed to implement it both in the administration of the institution as well as within its public services.

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RESUMEN EJECUTIVO

Desde abril de 2015, el contexto nacional está dominado por la lucha contra la corrupción encabezada por el Ministerio Público y la Comisión Internacional Contra la Impunidad de Guatemala (CICIG) y la polarización de la sociedad que esta conlleva entre quienes la apoyan y quienes se sienten perseguidos por esta. El trimestre de enero a marzo 2018 no fue una excepción.

La correlación de fuerzas políticas representadas en el Congreso que se identifican como enemigos de la lucha contra la corrupción, lideradas por el partido oficial, identificadas como “Pacto de Corruptos” ganaron la presidencia del Congreso.

Según grupos organizados de la sociedad civil, el “Pacto de Corruptos” incidió en que el presidente Morales sustituyera al Ministro de Gobernación, Francisco Rivas, a quien se identificaba como una pieza clave en el eficiente funcionamiento de los operativos del MP-CICIG, por el Ministro Enrique Degenhart, a quien se le vincula con sectores opuestos a la lucha contra la corrupción, principalmente con el Alcalde de la Ciudad Álvaro Arzú, contra quien el MP-CICIG pidieron el antejuicio en septiembre de 2017. Desde la llegada del Ministro Degenhart existen acusaciones de falta de cooperación con el MP-CICIG, al extremo de remover sin justificación a la cúpula máxima de la Policía Nacional Civil y retirar de la CICIG a 11 policías que daban acompañamiento en las diligencias judiciales.

Otro aspecto relevante que ha marcado el trimestre es el inicio del proceso de selección de Fiscal General para el período 2018-2022, que inició en enero con la juramentación de la Comisión Postuladora que deberá enviar a finales de abril una nómina de seis candidatos al presidente.

El proceso de selección tiene de música de fondo las declaraciones de la Fiscal General que en enero afirmó que antes de mayo presentarán en conjunto con la CICIG diez casos de alto impacto sobre corrupción, entre los cuales se encuentra el caso presentado en febrero llamado “Comisiones Paralelas” en el que se persigue a una estructura de tráfico de influencias que promovía la inclusión de candidatos a Magistrados afines al grupo en las nóminas finales, mencionándose como parte de dicha red a algunos de los actuales candidatos a Fiscal General.

En el proceso iniciaron la participación 39 aspirantes a Fiscal General, de los que 29 pasaron los primeros filtros.

A pesar de este contexto de polarización sobre la lucha contra la corrupción, el SJSRP continúo su mandato en el trimestre y desarrolló sus actividades sin mayores complicaciones, logrando resultados importantes en sus objetivos técnicos.

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 para concretar logros previos y trabajar hacia las metas actuales. En el Organismo Judicial (OJ), el

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SJSRP continuó proveyendo asistencia técnica y capacitación para fortalecer los juzgados de turno, los juzgados de mayor riesgo y los modelos de juzgados pluripersonales. Es particularmente notable el éxito continuo de la implementación del sistema de interconexión electrónica, que no solo ha fortalecido la coordinación entre el MP, el OJ y el Instituto de la Defensa Pública Penal (IDPP), sino también ha permitido la verificación en línea de procesos penales, así como el monitoreo de órdenes de aprehensión, de solicitudes de embargo de cuentas bancarias y de solicitudes de grabación de procedimientos judiciales por personas actualmente sometidas a procesos penales. También es de notar que en febrero el Organismo Judicial de Guatemala inauguró el Juzgado Pluripersonal de Primera Instancia Penal Narcoactividad y Delitos contra el Ambiente del departamento de Izabal, implementado con el apoyo financiero, técnico y logístico del SJSRP (así como fue reportado en el Sub LLR 2.5).

En el Instituto de la Defensa Pública Penal (IDPP), el SJSRP proveyó asistencia técnica y financiera para implementar una sala de audiencias de entrenamiento en las instalaciones del IDPP para fines formativos. El proyecto también ha apoyado la formación en análisis de casos y para trabajar con testigos anónimos.

Bajo el Sub LLR 2.4, Apoyar al Gobierno de Guatemala en presentar reformas e implementar legislación clave, el SJSRP siguió formando alianzas estratégicas dentro del sector justicia, Congreso de la República y sociedad civil con el fin de promover reformas a legislaciones 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, Código Procesal Penal, Código Procesal Laboral y de Seguridad Social y Ley de Daño Ambiental, entre otras. Es de notar que a raíz del apoyo que el SJSRP brindó durante varios años a la Policía Nacional Civil (PNC) para construir y promover la Ley Orgánica de la PNC, esta ley fue finalmente presentada al Congreso en febrero para debate y aprobación. Esta legislación tiene el objetivo de modernizar la estructura legal actual de la Policía en Guatemala, así como apoyar el desarrollo profesional de las fuerzas policiacas.

Bajo 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 litigios más fortalecidos durante la etapa de juicio. Como resultado de este apoyo, la Fiscalía de Asuntos Internos recibió este trimestre el premio a la excelencia otorgado por el MP por su tasa de efectividad y de resolución de casos admitidos, que fue del 100% durante este período. El SJSRP también llevó a cabo una donación de equipo de cómputo a la División Especializada en Investigación Criminal (DEIC) y a la División Nacional contra el Desarrollo Criminal de las Pandillas (DIPANDA) de la PNC, siendo actores legales claves en la lucha contra el delito de extorsión. Varias oficinas regionales de la policía involucradas en investigaciones de extorsión recibieron computadoras, impresoras, fotocopiadoras y dispositivos de almacenamiento de datos, permitiéndoles desarrollar sus labores en acuerdo con los tiempos estipulados en la metodología de manejo de casos utilizada por dicha Fiscalía.

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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 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), particularmente en la Fiscalía contra el Delito de Extorsión. El Proyecto también presentó avances en los proyectos de notificaciones electrónicas y digitalización de archivos en la CC y el OJ, resultando en una mayor eficiencia y transparencia en cada una de las cortes.

Finalmente, el SJSRP continuó sus esfuerzos en promover e implementar políticas de Equidad de Género en el OJ, el IDPP, el INACIF y el MP. Es de notar en este trimestre que el IDPP presentó públicamente su Política para la Igualdad de Género, desarrollada con el apoyo del SJSRP, comprometiéndose a implementarla tanto en de la administración de la institución como en la prestación de servicios públicos.

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1.0 PROGRAM PROGRESS

AND HIGHLIGHTS

1.1 ACTIVITY REPORTING

This quarter represents the second quarter of the SJSRP’s sixth and final fiscal year (FY). 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

Since implementing the electronic interconnection system, the OJ has continued to submit requests for hearings to the MP as well as the IDPP, demonstrating the effectiveness and transparency of the system. The use of this electronic system has also allowed for the online verification of criminal court proceedings as well as the monitoring of apprehension orders, embargo requests to banks, and requests for recordings of court proceedings by individuals currently undergoing judicial processes.

The SJSRP provided technical and financial assistance to support personnel responsible for the development of the database, including training for officials in the Supreme Court, Ministry of

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Governance, General Directorate of Immigration, National Civilian Police, Public Ministry, and IDPP on best practices for the proper management of the electronic interconnection system.

Between January 1 and March 13, 2018, 15,666 requests for hearings were submitted to the IDPP, and 18,026 requests were submitted to the MP, for a total of 33,692 requests across the 166 courts that have implemented this electronic system. The use of this system has ensured that the judicial process is faster and more secure.

The OJ has also implemented the electronic notification system with other GOG institutions to expedite judicial process, particularly in the areas of bank embargos and apprehension orders. With regard to the former, this quarter the number of embargo requests sent to banks via the electronic interconnection system more than doubled (911 this quarter, from 391 last quarter), demonstrating the importance and efficiency of this process. Also this quarter, the OJ submitted 111 apprehension orders to the PNC via the electronic interconnection system. It is hoped that a similar increase in apprehension orders will be seen within the system in the next quarter.

The positive results of the implementation of the electronic interconnection system have inspired justice sector institutions to sign an interinstitutional agreement between the OJ and the General Directorate of Migration to generate electronic requests for restricted travel orders, which allow judges to institute precautionary measures and ensure the presence of accused individuals during judicial processes. This electronic process also helps to ensure that sensitive information is secure and does not pass through the wrong hands.

During the next quarter, the SJSRP will provide support to train court officials on the use of the system in the departments of Zacapa, Chiquimula, Alta Verapaz, Baja Verapaz, Quetzaltenango and Guatemala. A minimum of 220 justice sector operators of the system are expected to participate.

24 Hour Courts

During this quarter, the SJSRP provided technical support on case management techniques – with a focus on compliance with constitutional guarantees – to the 24-hour courts located in the Tribunals Tower, the Public Ministry’s headquarters and the Family Justice Center in Guatemala City; as well as in Mixco, Villa Nueva, Sacatepéquez, Escuintla and Quetzaltenango.

The 24-hour courts have been working to reduce congestion and respond in a timely manner to requests for first declarations, urgent proceedings, apprehension orders and security measures requested by the MP and defense attorneys, as well as applying criteria for alternative measures to prison sentences. The courts have had savings due to reduced human resources costs, as justices of the peace are no longer required to attend constitutional proceedings.

In an effort to improve the quality of court hearings, prosecutors’ arguments, and judicial resolutions, the SJSRP provided support to hold roundtable discussions in which justices of the peace and MP prosecutors coordinated to agree upon judicial criteria. Technical assistance was also provided to improve the handling of cases that involve minors in conflict with the law and minors in protection, Checchi and Company Consulting, Inc. 3 in coordination with femicide courts, juvenile courts and other courts responsible for urgent proceedings.

Next quarter, the OJ, MP, IDPP and the Ministry of Governance expect to sign an interinstitutional agreement for the implementation of a new 24-hour court in Chiquimula. In anticipation of this agreement, the SJSRP has provided support to equip and furnish this new courtroom. Furthermore, the Project supported coordination between the Governing Board of the Judicial Career Law and the School for Judicial Studies to develop and hold trainings for judges, prosecutors, public defenders, litigation lawyers and the general population of Zacapa and Chiquimula to ensure that constitutional justice is adequately applied in the region.

High Risk Courts and Tribunals

The Supreme Court requested technical and financial assistance from the Project to implement High Risk Court D. To respond to this request, this quarter the SJSRP provided equipment, furniture and videoconference equipment, which will support the high-risk management model being implemented across Guatemala. The SJSRP also supported trainings for judges and justice sector officials on criminal networks, transitional justice, special investigation methods and the identification of criminal power structures in cases related to narco-trafficking, organized crime and gangs.

In addition to these trainings, the SJSRP supported coordination meetings between judges and appeal courts magistrates to improve the procedure for referring cases from first instance courts to sentencing courts. As a result, this quarter more than 17 cases were sent from first instance courts to a public, oral sentencing hearings. Additionally, the OJ also sent cases to the appeals chamber with greater speed.

Finally, the SJSRP provided technical assistance for the implementation of the Second Criminal Appeals Court for High-Risk Cases and Assets Seizure, and provided training on topics of criminology and specific crimes relevant to the magistrates in this court. The participants received a total of 28 hours of capacity building, training and roundtable thematic discussions.

First Instance Justice of the Peace Criminal Court

Since 2011, the First Pluripersonal Justice of the Peace Criminal Court (JPPPP) has presided over misdemeanor crimes that occur in all 25 zones of Guatemala City, while also attending to minor offense cases in 16 zones; these include cases of minors in conflict with the law and security measures in domestic violence cases. Judges and justice officials in this court have received technical assistance from the SJSRP to replicate successful case management models that utilize the electronic interconnection system to streamline procedures for oral hearings with the goal of reducing congestion in the court.

During this quarter, the SJSRP supported meetings in which judges and prosecutors coordinated to resolve open cases from 2015, 2016, and 2017, reducing judicial delay while also allowing for the reparation of damages.

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It was also agreed during this quarter that prosecutors may use the psychological reports on victims generated by the Public Ministry’s Comprehensive Attention Model for Victims of Violence against Women (MAI) rather than subjecting victims to another evaluation with INACIF personnel, thus avoiding re-victimization while also improving efficiency.

Finally, the Prosecutor’s Office against Human Rights Crimes and Justice of the Peace Court officials coordinated to hear cases of non-compliance with judicial sentences directly before the Justice of the Peace Court on an established weekly schedule.

Additional Judicial Branch Support

One year after the implementation of the First Instance Criminal Courts, Sentencing Tribunal and Appeals Court for Tax Crimes, the Project has continued providing technical assistance to staff from the Superintendence for Tax Administration, Public Ministry, Judicial Branch, and the Solicitor General’s Office on modifications to the Tax Code, the implementation of customs tariffs, and the distinction between criminal networks and clandestine groups in the treatment of tax crimes.

This quarter, the SJSRP also supported the development of an interinstitutional agreement for the electronic processing of restricted travel orders between the Judicial Branch (OJ) and the Department of Immigration.

Historically, prior to issuing an order restricting international travel by a person subject to criminal investigation or judicial processes, judges were required to physically submit written requests – a process which compromised the security of the information and created vulnerabilities in the process. In an effort to improve this process, the SJSRP provided technical assistance to develop an electronic system for sending these requests. On March 12, 2018 the OJ and the Ministry of Governance’s General Directorate of Immigration signed the Interinstitutional Cooperative Agreement for the Implementation of an Electronic Process for Restricted Travel Orders. The goal of the agreement is to provide these institutions with adequate measures to improve the security of personal information being exchanged. Through the implementation of this electronic system, a judge can immediately notify the General Directorate of

Members of the head table during the signing of the Agreement for the Implementation of the Electronic Process for Restricted Travel Orders: Supreme Court Magistrate Silvia Patricia Valdés Quezada, Acting President of the OJ and CSJ; Kamilo José Rivera Gálvez, MINGOB First Viceminister of Security; Carlos Emilio Morales Cancino, General Director of Immigration; Supreme Court Magistrates María Eugenia Morales Aceña and Delia Dávila;

and Catherine Withrow, Deputy Chief of Party of the SJSRP.

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Immigration via email of an order to restrict a person’s movement abroad. This interinstitutional coordination and use of the electronic system will allow for faster processes while guaranteeing transparency and efficiency in justice sector administration.

Public Defense Institute

During this quarter, the Project provided technical assistance to the Public Defense Institute (IDPP) to design and implement a hearing room in the IDPP headquarters. As part of this effort, the IDPP is responsible for remodeling the space, while the SJSRP will furnish and equip the new hearing room. The new room will provide public defenders with an adequate space to hold litigation trainings for public defense staff.

Additionally, in line with the priorities of the current IDPP administration for continued staff capacity building, the SJSRP provided support to strengthen the IDPP Training Unit.

The IDPP academic year was officially launched with the inaugural seminar entitled, “Case Analysis for Effective Public Defense,” in which 85 public defenders and support staff participated.

The first tutorial on the B-learning module (which includes both on-line and in-person components) was also launched this quarter, called “Effective Collaborator: Witness without a Face or Identity.”

The week-long tutorial was held on the electronic training platform and included chats, online forums, group work, case analysis, thematic analysis, and online evaluations. The seminar was finalized with eight in-person events: two in the department of Quetzaltenango, two in the department of Zacapa, and four in Guatemala City. More than 340 public defenders successfully completed the course, representing nearly 85% of all public defenders in Guatemala.

Public Ministry

MP Annual Report

This quarter the SJSRP held meetings and workshops 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 meetings with the counterpart will also provide inputs for the transition report once a new Attorney General takes office in May 2018.

Public defenders participate in a training entitled “Effective Collaborator: Witnesses without a Face or Identity”.

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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 the 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

Procedural Code for Labor and Social Security: The Project continued to support the Supreme Court in drafting the Procedural Code for Labor and Social Security. A final draft of the proposal was completed and will be reviewed by an international expert before being publically presented and validated next quarter.

Biodiversity Law: The Project continued supporting the University of San Carlos and its Center for Conservationist Studies (CECON) through the coordination of technical roundtable discussions among key actors and environmental experts who are working to develop the law proposal. The Project also facilitated the participation of international expert Gerardo Barrantes in these discussions.

A meeting of the proposal drafting committee for the Biodiversity Law.

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Environmental Damage Assessment Law: The draft version of the law was finalized with SJSRP support. It was presented to Congressman José Rodrigo Valladares, member of the Congressional Commission on the Environment, Ecology and Natural Resources, to be validated and presented as a legal initiative. The official title of the law has changed to: Law for Integrated Management for the Conservation and Protection of the Environment.

Promotion of Laws and Legal Reform

Criminal Code: The Project continued supporting the validation process of the new Criminal Code.

This quarter the proposal was presented to top justice sector authorities from the Constitutional Court, Judicial Branch, Humans Rights Ombudsman, Public Ministry, Public Defense Institute, and National Institute of Forensic Science, among others. The proposal was also presented to other key actors, including representatives of the Guatemalan Bar Association and the Association of Judges and Magistrates in Quetzaltenango. The final version will be presented to Congressional Representative Cornelio García early next quarter.

PNC Organic Law: The regulations that currently govern the police in Guatemala – Decree 11-97 – have become obsolete over time and no longer respond to institutional needs. One of the areas most affected by this lack of adequate regulations is the professional development for the police. In 2016, the SJSRP provided technical, logistical and financial support to the PNC’s Office for Institutional Development and Strategic Planning (JEPEDI) to put together a technical working group made up of members of the police (uniformed police and internal advisors) responsible for developing a draft for the Organic Law of the National Civilian Police. The draft legislation had the goal of modernizing the PNC’s legal structure, as well as supporting professional development of the police force. After a process of technical, political and financial support by the SJSRP in 2016 and part of 2017, the complete draft was presented to the Secretary General of the President of Guatemala for its review and eventual presentation to Congress for debate. However, given the political crisis confronting the President, the draft Organic Law was put aside. In 2017, the SJSRP provided additional assistance to identify alternative methods to get the draft presented to Congress and continue the process of becoming a legal initiative. On February 9, 2018, this goal was achieved and the draft of the Organic Law was officially presented to Congress by Congressman Juan Adriel Orozco Mejía. (See Annex A.)

The SJSRP presents the proposal for the new Criminal Code to justice sector authorities.

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This step will allow the draft to continue in the process of legal debate with the eventual goal of passage into law.

As a next step, the PNC requested additional assistance from the Project to drive the approval process forward. Due to changes in authorities in the PNC, the activities and timeline for this support are pending.

Implementation of Laws

Judicial Career Law: The Project supported the Judicial Career Governing Board in the implementation of this law and its recently-approved reforms. This assistance has included drafting a proposal for the Regulations for the implementation of the Judicial Career Law and printing physical copies of the law for distribution.

Law for a Genetic Data Bank for Forensic Use: The Project provided support to the CSJ to revise and adapt the regulations for the implementation of this law, which must be approved by INACIF authorities. The Project also assisted in developing strategies to promote its approval in INACIF.

Organic Law of the Public Ministry: The reforms to the MP Organic Law include various changes focused on strengthening the Public Ministry’s Training Unit (UNICAP). This quarter, the SJSRP supported the implementation of these changes in various areas. With respect to document management, it was found that UNICAP had various academic texts, training documents and legal dispositions that had been lost over time. In response, the SJSRP provided technical support to develop an Open Source Document System, which allows UNICAP to store, search and manage documents electronically, simultaneously preventing the loss of these documents while promoting better management and use of them. (See Annex B for a presentation on the system.)

The SJSRP also provided technical assistance to develop four training modules complete with pedagogical tools in support of the MP Prosecutorial Career. The modules were developed via working groups and workshops to obtain and systematize the necessary inputs. The four modules developed for prosecutors are: 1) Applied Criminology; 2) Observation of Rights and Constitutional

Presentation of the PNC Organic Law Initiative to Congress.

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Guarantees; 3) Holistic Attention to Victims; and 4) The Role of the Auxiliary Prosecutor in Criminal Processes.

The Project continued its support of the MP Performance Evaluation Unit as well. To this end, the SJSRP facilitated 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. During the March 12th bimonthly meeting, the MP awarded Excellence Awards to nine prosecutor’s offices in recognition of their work during the months of November 2017 through January 2018. As discussed in greater detail in the next section, one of the recipients was the Prosecutor’s Office for Internal Affairs, which receives ongoing technical support from the Project. These awards serve to promote excellence in the work carried out by the MP.

The SJSRP also continued its support in reviewing training documents for the Regional Prosecutor’s Offices based on UNICAP processes and formats. The Project also finalized a donation of IT equipment and furniture to seven of the eight new regional offices. The Regional Prosecutors’ Offices will strengthen strategic criminal prosecution in the different regions of the country. It is expected that four additional offices will be named next quarter.

Decree 7-2011: Procedures for Misdemeanors: On February 15, 2018, the Guatemalan Supreme Court (CSJ) began implementing the Procedure for Misdemeanor Crimes with technical, financial and logistical support from the SJSRP in the municipalities of Huehuetenango, Chimaltenango, Sololá, Quiché, Totonicapán, San Marcos, Retalhuleu, Malacatán and Coatepeque. This Procedure grants justices of the peace the ability to hear misdemeanor crimes, which was previously reserved for first instance judges. In light of this new function, the SJSRP provided technical assistance and equipment to the Justice of the Peace Courts in the aforementioned municipalities to ensure an adequate and functional environment for hearings of these cases. The equipment donated included computers, printers, voice recording and audio equipment, and office furniture for courtrooms in ten courts.

Beyond this donation, the SJSRP, with support from lawyers’ associations and the College of Lawyers and Notaries in Guatemala (CANG), trained 1,676 judicial and prosecutorial officials in the indicated municipalities on management of misdemeanor cases. The Procedure allows for greater access to justice through a more efficient system for processing misdemeanor cases, as both suspects and

Participants at the official presentation of the MP’s Excellence Awards and bimonthly results meeting on March 12, 2018.

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Democratic Criminal Policy: This quarter the SJSRP continued to support implementation of the Democratic Criminal Policy of Guatemala (PCDEG by its Spanish acronym). 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 this end, 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 better coordination among community actors, empowerment of district and municipal prosecutors to address criminality, and increased communication among justice sector actors, allowing for the prompt and efficient administration of justice. Moreover, mayors and municipal corporations have become more involved in the implementation of the PCDEG, particularly the prevention axis. This is particularly true in the municipality of Villa Canales and the city of Coatepeque, where specialized working groups were formed to develop strategies to effectively prevent and investigate extortion crimes.

The SJSRP also supported a workshop on the prevention of violence against women in Villa Canales, which will be replicated in other prioritized municipalities next quarter. The objective of the workshop was to highlight the importance of women’s rights, discuss discriminatory attitudes toward women and how they manifest in society, promote a culture of acceptance and respect, raise awareness about the importance of filing criminal complaints for acts of gender-based violence, and promote the prevention of these crimes.

Public Ministry representatives take part in TV interviews about topics related to crime prevention.

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To raise awareness and understanding about the PCDEG, the Project also supported the printing of 1,000 brochures explaining the policy to the general public (See Annex C).

The Project also supported specific actions under the four axes of the PCDEG. With regard to the Prevention Axis, the SJSRP held workshops in the cities of Guatemala, Cuilapa, Zacapa and Chiquimula to explain the contents of the PCDEG to local justices of the peace and judicial facilitators, who serve as mediators in cases of minor legal conflicts. The SJSRP also supported the MP in arranging television interviews to raise awareness about crime prevention, particularly in the areas of extortion, crimes against cultural patrimony and violence against women.

Under the Investigation Axis, the SJSRP held workshops on crime scene management for MP staff, firemen, journalists and others who have access to areas in which crimes have been committed. These workshops provided participants with tools to limit or avoid contamination of crime scenes, facilitate greater interinstitutional coordination, and demonstrate greater respect for victims and their families. Workshops were led by an INACIF forensic doctor and were held in the cities of Antigua, Chimaltenango, and Escuintla.

Also under the Investigation Axis, the SJSRP continued to support meetings among public sector institutions in charge of public and cadastral registries, with the goal of sharing the information they manage with the MP electronically during investigations. These efforts achieved the following two important advances this quarter:

1. The Finance Ministry’s Directorate for Cadaster and Property Valuation (DICABI) agreed to provide MP prosecutors with requested information via email.

2. An agreement was reached among prosecutors and investigators from the MP Prosecutor’s Offices against Vehicle Robbery and Organized Crime and officials from Guatemala City’s municipal government to share via email information recorded on the transit authority’s surveillance cameras.

Under the Sanction Axis, the SJSRP supported interinstitutional meetings among criminal justice sector actors on the correct application of sanctions for misdemeanors. Under the Reinsertion Axis, the Project held a public presentation to raise awareness about the rights of the incarcerated, with a focus on gender and non-discrimination. Forty-nine officials from state institutions participated, including from the OJ, MP, IDPP, and Penitentiary System. Participants discussed the International Conventions on Human Rights, the Constitution and other Guatemalan legislation and how they relate to incarcerated individuals and respect for their rights.

A Crime Scene Management workshop in Escuintla on March 15, 2018, in which officials from Escuintla, Santa Lucia Cotzumalguapa, Puerto de San José and Tiquisate participated.

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The Project also supported the implementation of the PCDEG’s transversal axis against discrimination and racism. After months of coordinated diagnostic work with actors from diverse sectors in Guatemala, on January 22, 2018, an action plan for the strategic approach to LGBTI hate crimes was presented in an event supported by the SJSRP. Eighty-two people attended the event from various state institutions and civil society organizations with interest in the topic. The event included presentations by national and international specialists, human rights experts, and public officials such as Sandra Morán, the congressional representative working to promote two legal initiatives that protect the rights of the LGBTI community. The event resulted in the creation of working groups to discuss and develop further action plans for the prevention, investigation, and punishment of hate crimes against this population.

Additionally, a working group was created to consider the reintegration of persons incarcerated for committing these crimes. The SJSRP supported the meetings of these working groups throughout the quarter.

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. The proposed indicators for the policy will allow the MP to measure advances, apply corrective measures, and determine if the objectives are being met.

This information, along with a report on the advances toward implementing the PCDEG, was presented to Attorney General Thelma Aldana in February, who indicated that she was pleased with the information.

The below table demonstrates the types and number of indicators presented to measure the application and effectiveness of the PCDEG:

INDICATORS FOR MEASURING APPLICATION AND EFFECTIVENESS OF

PCDEG

Category Purpose of Indicators Quantity

Strategic

General objective of policy 2

Specific objective of prevention axis 1

Specific objective of investigation axis 6

Specific objective of sanction axis 4

A meeting of the investigative working group regarding hate crimes against the LGBTI community.

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Specific objective of reinsertion axis 2

Results of prevention axis 16

Results of investigation axis 13

Results of sanction axis 10

Results of reinsertion axis 10

Management

Strategic guidelines of prevention axis 17

Strategic…