Attachment 3 - Quarterly Report No. 8 Apr-Jun 2011.pdf

July 15, 2011

This publication was produced for review by the United States Agency for International Development.

It was prepared by Tetra Tech DPK.

PROGRAM AGAINST VIOLENCE

AND IMPUNITY IN GUATEMALA

QUARTERLY REPORT: APRIL – JUNE 2011

PROGRAM AGAINST VIOLENCE AND

IMPUNITY IN GUATEMALA

QUARTERLY REPORT: APRIL – JUNE 2011

PROGRAM: PROGRAMA DE USAID JUSTICIA CONTRA LA VIOLENCIA

USAID OFFICE: USAID/GUATEMALA

TASK ORDER: DFD-I-08-04-00173-00

CONTRACTOR: TETRA TECH DPK

DATE: JULY 15, 2011

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

II. NARRATIVE REPORTING OF SUB-INTERMEDIATE RESULTS, LOW-LEVEL

RESULTS, AND SPECIAL ACTIVITES

2.1 IMPROVED JUSTICE SYSTEM CAPACITY TO PROSECUTE AND TRY SERIOUS CRIMES (SUB-IR 1)

2.1.1 Sustainable Improvement in Prosecution of Homicides and other Serious Crimes

Supported

2.1.2 Efficient and Effective Information Management Protocols in the Public Ministry in

Place

2.1.3 Comprehensive Growth and Development Plans for Key MP Units in Place

2.1.4 Smart Replication of First Instance and Criminal Trial Court Models Supported

2.2 MOBILIZE JUSTICE SECTOR AND CIVIL SOCIETY TO REDUCE

AND PREVENT VIOLENCE (SUB-IR 2)

2.2.1 Availability of Effective Governmental and Non-Governmental Legal Aid Services for Victims Increased

2.2.2 Coordination among Governmental and Non-governmental Organizations in Victim Services Increased

2.2.3 Key Legislation to Reduce and Prevent Violence Implemented

2.2.4 Complementary Legislation to Prevent Crime and Violence Implemented

2.3 INCREASED INTERNAL ACCOUNTABILITY AND OVERSIGHT

WITHIN THE JUSTICE SECTOR(SUB-IR 3)

2.3.1 Implementation of the Public Defender Institute’s Personnel Performance Evaluation

System Supported

2.3.2 Comprehensive Plan for the Oversight, Accountability, and Strategic Organization of the Prosecutors Offices Developed and Implemented

2.3.3 Judiciary’s Key Administrative, Supervisory, and Career Plans and Procedures Ensure

Cost Efficiency, Quality Control, and Career Advancement for Judges and Administrative

Workers

2.3.4 Network of Positive Leadership for Institutional Change Organized and Strengthened

2.4 SPECIAL ACTIVITY 1: SUPPORT HIGH IMPACT COURTS

2.5 SPECIAL ACTIVITY 2: STRENGTHEN JUSTICE CAPACITY TO COMBAT ILLEGAL ACTIVITIES IN

PETÉN

III. SUB-GRANT PROGRAM

IV. GENDER SECTION

V. SUPPORT TO THE NATIONAL CIVILIAN POLICE

VI. INDICATORS

VII. ADMINISTRATIVE AND PERSONNEL MATTERS

VIII. FINANCIAL QUARTERLY REPORT

IX. ANNEXES

1. Criminal Justice Assessment - Coatepeque, Malacatán, Tecún Umán, and San Marcos

2. Proposed General Guidelines for the Public Ministry on Crimes of Sexual Indemnity

3. Strategic Approach for an Investigative and Prosecutorial Methodology for Femicide and Violence against Women

4. Final Technical Report on ―Developing and Implementing an Annual Performance Evaluation

System for Justices of the Peace and First Instance Judges‖

5. ―Monitoring the Exercise of Jurisdictional Power in the Judiciary. Phase 1: Implementing the concept of integrity within the Judiciary and citizen participation‖

6. Environmental Mitigation Plan for the 14th Floor High Impact Court

LIST OF ACRONYMS

CRADIC Centro de Recopilación, Análisis y Gestión de Información Criminal – Center for

Collection, Analysis, and Management of Criminal Information

CICIG Comisión Internacional Contra la Impunidad en Guatemala - International

Commission Against Impunity in Guatemala

CONAP Coordinadora Nacional de Áreas Protegidas - National Council for Protected Areas

COP Chief of Party

DCOP Deputy Chief of Party

ETI Equipo Técnico Interinstitucional - Inter-institutional Technical Team

FADS Asociación de Familiares y Amigos contra la Delincuencia y el Secuestro -

Association of Family and Friends Against Deliquency and Kidnapping

FDV Fiscalía de Delitos contra la Vida - Crimes Against Life Unit

GIS Geographic Information System

GAM Grupo de Apoyo Mutuo - Mutual Support Group

GGM Grupo Guatemalteco de Mujeres - Guatemalan Women´s Group

IBIS Sistema Integrado de Información Balística - Ballistic Information Integrated

System

INACIF Instituto Nacional de Ciencias Forenses - National Institute of Forensic Science

MP Ministerio Público - Public Ministry

M&E Monitoring and Evaluation

OAP Oficina de Atención Permanente - Office of Permanent Service

OAV Oficina de Atención a la Víctima - Victim’s Assistance Office

PAVI/Project Program Against Violence and Impunity

PDC Partners for Democratic Change

PDS Professional Development System

PNC Policía Nacional Civil - National Civilian Police

SGT Sistema de Gestión de Tribunales - Court Management System

SICOMP Sistema de Información, Control y Gestión del Ministerio Público - Public

Ministry’s Case Control Information System

SPYDI Secretaria de Planificación y Desarrollo Institucional - Strategic Planning and

Institutional Development Secretariat

Sub IR Sub-Intermediate Result

USAID United States Agency for International Development URL Universidad Rafael Landivar - Rafael Landivar University

UVG Universidad Del Valle - Del Valle University

I. EXECUTIVE SUMMARY

The April to June quarter comprises the last period of the second year in the life of the Program Against Violence and Impunity (PAVI or the Project). The investment of time and resources to develop intra- and inter-institutional coordination through the Inter-institutional

Technical Teams has proven to be effective and is yielding the expected results.

The following are the most relevant activities and results achieved during the reporting quarter:

The prosecutor offices in Mixco and Villa Nueva have benefited from the improved coordination with the Center for Collection, Analysis, and Management of Criminal

Information (CRADIC) at the National Civilian Police and the Analysis Unit in managing information and conducting criminal analysis. These efforts have led to the identification and apprehension of individuals involved in organized crime structures active in those communities. In addition, the Public Ministry (MP) and the National Institute of Forensic

Science (INACIF) have cemented their cooperation efforts through official institutional agreements that allow for the optimal use of resources and ensure a timely response to requests that will ultimately lead to increased efficiency and systematic improvements in criminal prosecution.

The Project is pleased to report that the judiciary has met the conditions to remodel the fourteenth floor of the Court Building in Guatemala City to accommodate the criminal court for high impact cases as approved in March 2011 by the Full Assembly of the Supreme Court of Justice. The construction plans, equipment and furniture requirements, cost estimates, environmental mitigation plan, and technical specifications for the security and technological measures were completed. As of the date of this report, PAVI is finishing the documentation to proceed with the procurement process for the selection and contract of the construction company responsible for the remodeling effort. PAVI expects to award the contract and start with the remodeling during the next reporting period, while the current occupants of the fourteenth floor are relocated and the space is cleared out.

The Chief Justice of the Supreme Court reached a preliminary agreement with the Mayor of Cobán to transfer a municipal property located on the Sachamach area to the judiciary. The land is about 11,000 square meters and will accommodate the Verapaz hardened judicial compound. The official agreement with the Cobán Municipal Council is expected to be signed within a few weeks. PAVI will support the construction of the judicial compound by procuring and overseeing the architectural design of the compound.

The four multi-person 24-hour court facilities now have the appropriate infrastructure and space distribution for optimal use of shared administrative services. In addition, a single individual is now responsible for overseeing and coordinating the new roles, responsibilities, and work distribution of the assistant staff. By implementing universal use of the Court Management System (SGT), employees are gradually transitioning away from traditional written documentation to process cases. Tracking and managing court appearances and deadlines, as well as scheduling hearings before a judge rather than submitting writs to a clerk have produced fundamental best practices that encourage other parties such as public defenders and prosecutors to get behind the concept of oral proceedings.

The Judiciary Career Council and the office of the Chief Justice of the Supreme Court have completed their final review of the Performance Evaluation System for Justices of the Peace and First Instance Judges developed through a consulting contract with Del

Valle University (UVG). The Judiciary has been working to replace the current evaluation system for judges. The new model is based on an approach through which judges will know beforehand what they will be evaluated on vis á vis expected results.

These expectations will enable the organization to satisfy specific needs and tailor career development to enhance the justice system.

The Project also supported efforts undertaken by the Criminal Chamber of the Supreme Court to modify the General Section of the Criminal Code. The draft reforms constitute a significant step in terms of providing crime victims’ access to justice, in addition to broadening the types of sanctions within the Guatemalan system and expanding judicial options for sentencing. The process has undergone a number of analytical review steps and discussions to allow input from prominent legal professionals.

At this point, the National Commission for Follow up and Support to Strengthen Justice will contribute to the analytical review process and discuss the draft modifications with relevant stakeholders. Over the course of the next quarter, the Project will be providing support for this complimentary review process.

On April 28, 2011, the National Congress approved the Legislative Decree No. 7-2011 describing reforms to the Criminal Prosecution Code. Some of the salient aspects of the modifications include: granting justices of the peace authority to hand down sentences for crimes with a maximum penalty of five years imprisonment and putting mechanisms in place that enable victims to contribute and participate throughout the phases of a criminal prosecution. The reforms have implications for each of the Project´s counterparts since each institution will have to adjust to accommodate the modifications; i.e., appointing public defenders or prosecutors, providing facilities for hearings, etc.

The Project continued to support the changes being made at the MP by the Attorney General. Dr. Paz y Paz has opted to implement a management model based on the one successfully used in Quetzaltenango. The centralized prosecutor offices in Guatemala

City and decentralized Crimes Against Life Units are using this new model. Many of the adjustments have required significant personnel changes, including the top-level of those offices. For example, the former head of the Crimes Against Life Unit, Blanca Lili

Cojulun was transferred to the Drug Trafficking Unit along with several member of her team of trusted prosecutors and assistant prosecutors. The Project was pleased to see that Ricardo Guzman was appointed as new head of the Crimes Against Life Unit and left his post as Technical Coordinator of the Secretary General. The Private Secretary, Javier Monterroso and the International Cooperation Coordinator, Alejandra Garcia, who have been important contact points for the Project, left the MP to join campaign staff in preparing for the upcoming national elections.

On May 16, 2011, 27 villagers employed as temporary workers on the Los Cocos plantation in La Libertad, Petén were murdered. This violent act significantly affected many families in the region and, in fact, shocked the entire nation. The MP led the investigation and attributed the act to drug traffickers and the Zetas criminal organization. A few days later, the Government of Guatemala declared a state of siege in

Petén, still in effect at the time of this report, as it had done previously in Alta Verapaz.

There is now an apparent sense of calm in the region on the heels of an increase in military troops, ramped up security for judges, and significant increase in the number of arrests in the days following the homicides1. Everyday activities have returned to almost normal levels. However, underlying fear and uncertainty persists among the locals, who dread the day when the state of siege is lifted. Despite these challenging circumstances, Project activities continued on course and the small grants program did not stall.

A number of appeals alleging the unconstitutionality of the Law on Asset Seizure and

Forfeitures (Extinción de Dominio) were filed against this legislation less than a week before it went into effect. The Project sees a potential threat should the Constitutional

Court rule against the legislation as this will leave the Government unprotected and a valuable tool for fighting transnational organized crime will be lost. On the contrary, if the ruling favors the law, it will reinforce the concept and underlying principles to apply this important instrument. Notwithstanding the degree of uncertainty, relevant government agencies made progress in establishing the Unit for Asset Seizure and

Forfeitures with two prosecutor units and appointing the Fifth, Eighth and Tenth courts to hear the requests for forfeiture. Further, the agencies began developing sub-regulations to apply the law.

Many of the arrests were made for carrying a weapon --even if the individual has a permit, the state of siege specifically forbids it

II. NARRATIVE REPORTING

OF SUB-INTERMEDIATE

RESULTS, LOW-LEVEL

RESULTS, AND SPECIAL

ACTIVITIES

2.1 IMPROVED JUSTICE SYSTEM CAPACITY TO PROSECUTE AND TRY

SERIOUS CRIMES (SUB-IR 1)

2.1.1 Sustainable Improvement in Prosecution of Homicides and other Serious

Crimes Supported

Project support for the Guatemala Crimes Against Life Prosecutor Unit

The Prosecutor Unit for Crimes Against Life (FDV) has set its focus on investigating criminal structures. Important progress was made possible thanks to the data obtained through the

Ballistics Information Integrated System (IBIS) that is now being provided to the Unit by

INACIF. As a result of this, a set of 37 homicide and serious injury reports that would have formerly being handled as individual and isolated cases, requiring a significant use of human and technical resources, were broken down into six large subsets and assigned to six separate teams. The work produced the following successful outcomes:

Identifying and understanding the criminal structure of both the Mara 18 and the Salvatrucha gang cliques involved in the incidents

Defining the geographical area where these criminal structures are operating

A total of 17 gang members were apprehended and arrest warrants were issued for other four individuals.

The homicides associated with these criminal groups took place in Guatemala City in zones 5, 18, and 21. A recent report by the Criminal Policy Secretariat reveals an overall reduction in the criminal incidents reported in those same areas for the period between April and June

2011:

ZONE MARCH-APRIL MAY- JUNE REDUCTION

Deaths Injuries Deaths Injuries Deaths Injuries

5 12 9 12 3 0 6

18 26 21 17 8 9 9

21 15 9 7 10 8 -1

The reduction can be attributed to what is known as negative special prevention measures, which relates to the detention of individuals ordering or committing crimes. The detention of criminals produces a subsequent drop in illegal activity and reduces dangers threatening the community.

Task Forces for complex and high impact cases

The Attorney General has opted to implement a management model based on the one successfully used in Quetzaltenango. The model, although is still pending approval, has been applied and improved for the management of high impact cases under the leadership of the

Secretary General. The heads of the prosecutor sections, district prosecutors, and MP

Secretariats were gathered for a meeting to review and discuss the document. Following their review, the Secretary General took the initiative to submit the document to the MP Planning

Division requesting them to develop a flow chart to guide an effective structure for the management model. This demonstrates how the management model has continued to mature and develop to become an useful instrument for the prosecution of complex criminal cases.

TASK FORCE

MOST

COMPLEX

CASES FROM

THIS QUARTER

ASOTEB

Case

A series of extortions were systematically perpetrated on the

ASOTEM transportation company in Guatemala City. The extortions were found to be linked to similar incidents in Villa

Nueva and Villa Canales.

Serial Rapist in Villa

Nueva

Based on victim statements and DNA test results, the team identified the suspect of raping 12 individuals in Villa Nueva.

INEB Case

Using IBIS ballistics data, 40 cases have been interlinked, including the murders of four adolescents in several areas in Villa Nueva and Villa Canales.

Pujijiles Case

The team successfully investigated a criminal organization comprised of teens and adults that had been involved in a kidnapping scheme on the route leading to Solola. The criminals demanded relatively small amounts of ransom in exchange for their victims. If the ransoms were not paid, they killed the victims by strangulation and abandoned the bodies

Aguilas Case

Through the use of wiretapping and informants, the team discovered links between several kidnapping cases and solved the murder of the niece of one of the sentencing judges assigned to

Guatemala City.

Public Ministry (MP) and National Institute of Forensic Sciences (INACIF) Inter-agency cooperation

The Project supported the training on basic criminal theory for MP staff. As a result of the this assistance, INACIF officials reported a significant drop in the number of irrelevant requests to ongoing investigations from prosecutors. INACIF expects that this number will continue to drop over the next few months. This quarter, the Project provided assistance to hold two training workshops, as follows:

Date Subject Institution Type of

Participant

Number of

Participants

Total

Participants

April 14, 2011 and

June 2, 2011

Basic

Criminal

Theory

INACIF,

Public

Ministry

Prosecutors 20

53 Technical staff 11

Specialists 22

INACIF authorities have committed efforts to increase collaboration between the MP and

INACIF. To do this, INACIF plans to hold joint training sessions designed to update the institutions’ staff’s knowledge in criminal theory. INACIF expects that these joint efforts will lead to increased coordination between specialists and prosecutors to generate continuous improvements in the day to day operations for criminal investigation.

The Project has observed how ties of cooperation and coordination between various institutions have increased and strengthened over time. This is evident by recently-signed interagency agreements. For example, the MP and INACIF (National Institute of Forensic

Sciences) signed an agreement to cross reference information pertaining to the IBIS. The agreement defines the parameters for comparisons of ballistic evidence found at crime scenes as well as tracking the dates so that investigators may identify the links between crimes committed using the same weapon. The application of the agreement is having positive outcomes in terms of strategic approaches to investigating organized crime groups involved in extortions, auto-thefts, assaults, and homicides, among others.

In addition, the MP, the Ministry of Health, and INACIF have signed an interagency agreement defining the criteria for clinical and medical autopsies. The Project suggested these institutions to develop the agreement based on the premise that only those deaths occurring under suspicious circumstances require MP’s involvement. This releases the MP from processing deaths by natural causes in a hospital setting or when transporting to and from a medical facility. Consequently, INACIF is no longer burdened by conducting unnecessary examinations and crime scene investigators and prosecutors can focus their resources more efficiently during the critical 24-hour period following a violent death. In response to some opposition to the proposed suggestion detected among medical staff from the two most important public hospitals in Guatemala City, the Project will conduct awareness activities. Once this additional recommendation is adopted, PAVI expects the agreement will produce even greater results.

Support for Implementation of the Law Against Organized Crime (LDO in

Spanish) and Other Key Legislation

The International Commission against Impunity in Guatemala (CICIG) reviewed the regulations governing procedures to turn evidence over to the State and provided comments and recommendations for modifications. The Private Secretary and Sub-Secretary of the Public

Ministry reviewed the revised version and, per request of the Attorney General, provided the

Specialists and prosecutors are prepared to exchange information and coordinate efforts document to district and unit prosecutors for their review. Upon completion of the review process, the document will be shared with the rest of the prosecutor personnel to coordinate efforts for the implementation of these measures.

Law on Asset Seizure and Forfeiture (Ley de Extincion de Dominio)

PAVI continued to provide assistance to the Working Group led by the Secretariat for Criminal

Policy tasked with implementing the Law on Asset Seizure and Forfeiture at the MP level. The

Working Group developed a training plan for prosecutors assigned to that particular unit and set up two orientation sessions to brief district and municipal prosecutors.

Date Subject Institution Type of

Participant

Total

Participants

May 20, 2011 and

June 10, 2011

Law on Asset

Seizure and

Forfeiture

Public Ministry Prosecutors 36

By the end of the briefings, the prosecutors gained the necessary knowledge to understand the following:

Relationships among organized crime groups, assets, and illegal markets along with the influence wielded in terms of corruption and intimidation

Need to confiscate possession of assets in order to dismantle criminal structures

Specific legal nature of the action and as a measure independent of criminal prosecution to lead to a greater success rate

In conjunction with the above efforts, PAVI facilitated an exchange at the end of April for the MP Criminal

Policy Secretariat to visit the Asset Laundering and

Seizure Unit and the National Narcotics Division in

Colombia. The visit provided an opportunity for information exchange and led to the following results:

A team has been set up to staff the Asset

Seizure and Forfeiture Unit. It has been decided that the Unit will fall within the Money and Other Asset Laundering

Prosecutor Unit

A basic training program has been arranged for the team

Regulations are being drafted to set up a separate Prosecutor Unit for Asset Seizure and

Forfeiture as the law comes into effect on July 1, 2011

In a joint effort, the Office of the Vice President, the MP –represented by the Criminal Policy Secretariat-, the Supreme Court, and the Ministries of Defense and Finance made significant contributions to develop the regulations to implement the Law on Asset Seizure and Forfeiture.

A total of 36 prosecutors attended the briefing

2.1.2 Efficient and Effective Information Management Protocols in the Public

Ministry in Place

Implementation of the Information Unit of the Public Ministry (SICOMP2)

The process to implement Information Unit of the Public Ministry (SICOMP2) was completed in the District Prosecutor Office and the Environmental Prosecutor Office in Petén, the Cultural

Heritage Prosecutor Office in both Peten and Antigua, and the Municipal Prosecutor Office in

San Juan Sacatepequez. The process included data migration, verification and certification of information, training for the officers, prosecutors and assistant prosecutors, and orientation sessions for the system end users.

The system has been working well at these prosecutor offices and the transition was completed on schedule. The consultants are currently overseeing the process at the FDV unit. As a result of this work, the Project reported the following immediate benefits:

The information provided by users is now more thorough and standardized. This allows for a more precise tabulation of data based on selection categories and produces a more useful tool for investigation. The system provides additional advantages as well in that it allows data to be cross referenced and linked to identify criminal phenomena and related cases

The system enables remote access and facilitates the work at the district or section prosecutors offices in

Peten responsible for overseeing municipal prosecutors scattered throughout a large geographic area

The system provides increased security when information is first inputted. In remote areas, power outages are common and the system automatically backs up data to avoid data loss thereby ensuring that victims are not subjected to repetitive attempts to gather their statements or, even worse, opt to avoid re-filing a report altogether

Prosecutors can retrieve information from the system on arrest warrants. This contributes to improved decision-making and cross-referencing data based on variables such as persons of interest, indictments, and last known address or location

The system uses recent technological innovations such as a text editor similar to the one in Word-type software, which makes the job of the end user much easier by allowing them to personalize it to meet their particular needs

The users have much more flexibility when using the new system in terms of user friendliness, screen view options and new applications such as the text editing one facilitate the work of prosecutors.

Results stemming from the investigation about the massacre of 27 rural workers in Peten illustrate the benefits of the new SICOMP2. The system allowed investigators to use license plate information from a kidnap and murder case reported two days earlier and link it to the mass murder case. The vehicle turned out to belong to the foreman of the property, which had hired the temporary workers that were assassinated.

The information originating in SICOMP 2 led officials to build the relation between both cases and successfully lead the investigation

2.1.3 Comprehensive Growth and Development Plans for Key MP Units in Place

Analysis Unit

Based on the institutional model that the Project designed at its outset, the Analysis Unit has managed to reach the prescribed levels of productivity and organization as planned. Activities have been implemented on schedule and steady progress has been achieved during the Unit’s short period of operations. The progress achieved to date has helped the Unit gain the respect and authority it deserves within the MP, as well as from external stakeholders. In fact, the

Project´s international expert on the subject, Tito Perez, stated the following ―…the Unit is performing at a level equal to that of any other Analysis Unit in the region.‖

The year-to-date statistics reflect that analyses are being conducted in 44 cases. This means the Public Ministry is investigating one or more reports in each case. The analysts have been called to testify on 34 occasions to describe and defend their conclusions regarding criminal analysis

Some of the more significant cases analyzed during this reporting period involve violence against minors (females) occurring in Villa Nueva where the suspected perpetrators have been identified. The Unit also worked on a case involving the SPL gang belonging to the Mara 18, which is being investigated for its role in violent deaths in at least 17 cases.

Similarly, the Unit has analyzed cases for prosecutor offices in areas other than Guatemala´s central metropolitan district. For example, the Organized Crime Prosecutor Unit in

Quetzaltenango worked on several cases involving a group of kidnappers operating in

Totonicapan. The alleged perpetrators have been indicted and are facing trial.

The Analysis Unit has also been working on reports filed during the recent state of siege declared in Peten found to be related to other incidents reported in Alta Verapaz, Baja Verapaz, Jalapa, Quetzaltenango, Huehuetenango, among others. The Unit has identified several individuals linked to the cases.

The Project´s international expert, Tito Perez, assessed the Unit´s operations in April and interviewed several Unit’s staff members. The consultant also directly participated in various analytical discussions with prosecutors requesting assistance from the Analysis Unit. His final report confirmed the quality of the work performed by most of the analysts and determined that they were very clear on the role of the analyst, as well as on the high standards to which they are being held.

The consultant also identified a number of recommendations on how to improve the analysts’ presentations. His report identified the need for continuous information exchange and a direct line of communication with other institutions. The report stressed the fact that since the ultimate objective of the MP and the National Civilian Police (CRADIC) is compatible, there is no potential conflict in having an analysis units at both institutions. He emphasized that although these institutions’ initial approaches may differ, their objectives coincide; police intelligence is focused on preventing crime but once a crime is committed, the PM must use its resources to thoroughly investigate, gather sufficient evidence, take the case to trial, and obtain a guilty verdict. The consultant cited the Puerto Rican experience as an example of how analysis units exist also at the police force. Other examples he named were the Federal Bureau of

Investigation, Drug Enforcement Administration, Alcohol, Tobacco, Firearms and Explosives, and High Intensity Drug Trafficking Areas. Mr. Perez stressed that the critical issue is to maintain open communications and information exchanges among the units in order to meet the common objective of eliminating crime on the streets of Guatemala and provide citizens with a better quality of life.

Positive Outcomes from the Analysis Unit Operational Assessment

Legal

Framework

The Analysis Unit has a basic regulatory framework, an established institutional design, and is currently working on an organizational manual encompassing guidelines and work flows.

Security protocols and disaster scenarios are still pending.

Operations

The unit is well established and each section and work distribution is appropriate for operations. There is a well-defined chain of command in place from the head of the Unit down through the supervisors.

Security /

Internal

Controls

1. Physical security

The Unit has a separate area for visitors and other personnel requiring the Unit’s services.

2. Information safeguards

The analysis data remains within the Unit’s mainframes and is sent to the assigned server.

Although the Public Ministry has an IT section and servers in the basement, the Analysis Unit keeps its servers within its premises.

The Unit has a system administrator to support and control its systems and servers. This is the most appropriate and recommended measure to ensure a secure environment control

The Analysis Unit has both an intranet and internet access.

IT Servers and

Information

Safeguarding

The Unit has backup batteries to safeguard information in case of power outages.

The servers are currently stored in the Unit’s premises.

The Unit plans to procure new server hardware and accessories and set up the equipment in an appropriate location to remain under the control of the Unit´s system administrator.

Data Systems

The Analysis Unit has benefitted from a network of contacts and agreements enabling it to access other important information databases in the country such as the Metropolitan

Transportation and Transit Regulator of Guatemala City, Transmetro (transit authorities) closed circuit camera systems, Superintendencia de Administracion Tributaria, Registro

Nacional de las Personas, National Property Registry, Office of Immigration, and other data bases.

Training

The entire Unit staff has taken Basic Analysis and Advanced Analysis training courses. They now possess the skills and mindset to appropriately conduct both simple (by hand) or complex

(computer-assisted) analytical tasks.

Information

Gathering

The Unit has appointed contact persons in each prosecutor section or district. This has proven to be a very useful tool in gathering information.

Dissemination

Procedures

The Unit has set up an effective method to document the meetings, review of information, and discussions of a particular case conducted by the analyst, the supervisor, and the person requesting the analysis. Upon conclusion of the analysis, the information is bound, signed by the analyst, reviewed by the supervisor, and finally delivered to the interested party.

Quality

Control

Quality control procedures not only evaluate the final product but also the work of the Unit staff. The evaluation is based on an evaluation model to assess performance, productivity, and individual attitudes.

Team Building and Leadership

A psychologist from the Public Ministry Training Unit, Armando Ruano, worked with the team in May and June on team building exercises. The first session, entitled ―how do I feel in relationship to the group‖, allowed participants to reach conclusions, build consensus, and define actions to form a stronger team. The following session focused on team-building approaches and identified the strengths and weaknesses of the Unit while pointing out areas for continued improvement such as the analysis reporting and sharing lessons learned.

The Project singled out areas in which both the team-building facilitator and international consultant Perez coincided in their assessment of the Unit. For example, they both agreed that the individuals working in the Unit are young, respectful, highly professional employees, who are committed to their job. Further, the Unit leadership has done an excellent job and gained the respect and support of the personnel.

Inter-agency Coordination among CRADIC/Analysis Unit/Prosecutor Units in

Mixco and Villa Nueva

Since an Inter-institutional Technical Team (ETI) has been set up among the CRADIC, the

Analysis Unit, and prosecution units in Mexico and Villa Nueva, more effective and timely mechanisms are in place to request, manage, and deliver analysis of serious crime cases.

For example: A Prosecutor Unit requested CRADIC and the Analysis

Unit to work on a case suspected of being linked to organized crime groups that included market-stall operators from the town market in

Mixco. Results of the investigation showed that individuals had originally organized themselves as a neighborhood watch group to deter suspicious individuals from committing crimes in and around the market buildings. It was revealed that the group had evolved into a full-fledged criminal organization going by the name ―La Palma” and dealing drugs in

Zone 6, Mixco. The investigation request included link and criminal activity diagramming as well as the use of the data base to complement the information provided by the Prosecutor Unit. The investigation and analysis resulted in identifying at least ten members of the criminal group, four of which have been apprehended. Now, there is enough information available to track the movements and criminal activities of the rest of the group members

2.1.4 Smart Replication of the First Instance and Criminal Trial Court Models

Supported

24-hour Courts

It is important to point out that the 24-hour court management model is now well entrenched and the Criminal Chamber of the Supreme Court has taken ownership of the process. This is evidenced by the assignment to the Technical Support Unit of the Criminal Chamber of coordinating and supervising various technical and administrative sections. This is an important step towards efficient management of the courts in terms of coordination among the Planning

Secretariat, Human Resource Management, Information Technology and Telecommunications

Division, Supply Section of the Administrative Management, Document Center of the Judiciary, and the General Supervisor. The Chamber has issued clear instructions to prioritize support in response to the requirements of the 24-hour courts located in Mixco, Villa Nueva, Escuintla, and Sacatepequez.

Now that the model has a well-defined role within the institution´s policy and structure, an ETI comprised of the Secretary from each of the courts in Villa Nueva, Escuintla Sacatepequez and

Mixco began its operations. In addition, the courts are operating with full support from the administrative units to meet operational requirements. The support translates in the following:

Qualified personnel in shared administrative and support positions (dealing with the public, communications and hearings)

A Court Management System to digitalize files and conduct oral proceedings

Ensuring that the facilities have appropriate supplies and equipment

Handbook on Hearings and Procedures

Ongoing training activities on oral proceedings and on leadership and team work

Workload distribution based on incoming case management controls

In light of the case disposal or transfer of files dating from 2007 through 2009 (as approved by the Full Assembly of the Supreme Court of Justice in Agreement No. 3-2011 expanding the case-disposal courts in Mixco and Villa Nueva), the 24-courts in Escuintla, Sacatepequez, Mixco and Villa Nueva are operating based on a judiciary management model that includes the following:

Current Operations in the 24-Hour Courts

Multi-person courts:

Two first instance judges and two criminal peace justices are available during regular business hours. A judge is on duty during non-business hours.

Although services are available 24 hours, most of the proceedings are conducted during regular business hours, particularly for arrest or search warrants.

Shared administrative services:

Court facilities that respond to the needs of the shared administrative services:

Customer Service Unit, Communications and Notifications Unit, and Hearings Unit

Control of the administrative operations exclusively by the Secretary of the Court. The

Secretary is the sole responsible for assigning and distributing the workload among the auxiliary personnel performing shared services and for applying the criteria in conducting the business of the court based on priorities and demands for services. The Secretary is responsible for requesting supplies and no longer has to go through a judge for approval.

Oral Proceedings:

Judges spent 90% of their time in court (particularly those judges working during regular business hours) and almost exclusively in conducting judiciary proceedings. The judge is usually on the bench and assisted by a clerk to verify that the interested parties are present, locate data in the system, and track audio recordings, as necessary.

This feature merits attention in regards to defining standardized criteria to set hearings, as applicable when certain hearings are described as ―privileged‖ in the case of search warrants, arrest warrants or urgent motions to present evidence that must be processed expeditiously at the request of the Public Ministry.

Current Operations in the 24-Hour Courts

Court Management

System (SGT)

The SGT is the main IT tool used to track information originating in the 24-hour courts and has been adopted by all four court facilities. The Criminal Chamber has identified it as the control and procedural mechanism that enables it to track deadlines, distribute workloads, and schedule hearings.

The SGT is in operation based on the courtroom organization using shared services and generates performance reports that can be broken down by category such as type of crime, suspect or proceedings scheduled, and pending or suspended appearances before the court.

Summary:

The four multi-person court facilities operating on a 24-hour basis are operating within the recommendations provided and approved by the Criminal Chamber under

Agreements Nos. 18 and 19-2010. Therefore, the physical infrastructure and workspace conditions are now appropriate for the shared administrative services. Additionally, new roles, responsibilities, and workload distribution for auxiliary staff are coordinated by a single official --the Secretary.

Implementation of the management system SGT has led to a gradual transition from traditional written proceedings to the creation of basic practices in favor of oral proceedings that spreads to other justice operators: prosecutors and public defenders.

Assessing conditions for the smart replication of a 24-hour Court in San Marcos

USAID asked the Project to conduct a field assessment to explore the justice and security conditions in San Marcos (see Annex 1), particularly in the capital city by the same name, and in

Tecun Uman for the smart replication of a 24-hour court.

Based on the jurisdiction and districts assigned by the Supreme Court, the assessment revealed that Ayutla (Tecun Uman) falls within the jurisdiction of Coatepeque (Quetzaltenango). In addition to assessing the municipality of Coatepeque, the evaluation included the municipality of

Malacatan, the capital city of San Marcos, and Tecun Uman, in which the sentencing court is located for the cases heard in Malacatan and San Marcos.

The diagnostic assessment was conducted from May 11-13 and included statistical data for the region as well as information obtained through field observations and interviews with local justice operators, as follows: first instance judges, criminal sentencing judges, prosecutors and assistant prosecutors, public defenders, forensic medical examiners from INACIF, and officials from the local district Office of the Human Rights Ombudsman. The data and information was systematically processed according to the USAID Monitoring & Evaluation (M&E) management indicators applied to the 24-hour courts. The following section summarizes the findings based on the management indicators.

Social conflict in the area under assessment:

The area is plagued by violence in general, agrarian disputes, domestic violence and violence against women, femicide, child pornography, family and social fractioning, illegal migration, and abuse of power. In Coatepeque, Malacatan, and Tecun Uman, the study revealed the presence of organized crime conducting drug and human trafficking, smuggling, steadily increasing extortions, and a significant increase in the number of cases involving violence against women. It is also significant that in Tecun Uman and in Malacatan, ordinary violence is ―neutralized‖ by a social control system parallel to the State that is under the control of organized criminal groups. In addition to that, there is political wrangling surrounding a proposal to have

Coatepeque designated as the capital of a new province comprising 11 municipalities from three neighboring provinces. The area under dispute is located on Guatemala´s south coast and reputed to be a well-transited ―corridor‖ for drug and human trafficking and smuggling under the control of local organized crime groups.

Jurisdiction Productivity Work Load

Three courts located either in Tecun Uman, Malacatan, and Ixchiguan have jurisdiction over criminal, drug activity, and crimes against the environment cases occurring in San

Marcos

The Criminal Sentencing

Tribunal for San Marcos hears cases from first instance criminal courts for the municipalities of

Malacatan, Ixchiguan and the capital city of San

Marcos.

High percentages of dismissed cases: between

68% and 90%.

The criminal court in

Coatepeque acknowledges that up to 200 cases are dismissed in multiple hearings per week.

Out of 100 % of the cases being prosecuted in the three municipalities assessed, merely 25% reached the trial phase in

2010. This was not the case in San Marcos, where only 3% of the cases went before the Sentencing

Tribunal.

First instance courts schedule between 10 and

20 hearings a day, but only three to five actually come before the judge on a given day, including first appearances.

District Prosecutor Offices in 2010 averaged 288 first appearances, although the average in Tecun Uman was 134.

Criminal public defenders in first instance courts serve 50% of the cases.

During the trial phase, the rate goes up to 85% due to private attorneys that drop the case or request to be replaced following the first court appearance.

Timeliness and Duration

Justice Service User

Satisfaction

Quality: technical ability of justice operators

The average interval for an individual in custody to make a first appearance before the court is four days at the earliest and 15 days at the latest. This violates the requirements for prosecution as described in the constitution, which states that first appearances have to occur within the first 24 hours of the person being detained. Without exception, the assessment found this to be the case in each of the municipalities. Even during regular business hours, the individual in custody is brought before the peace justice in the location in which the individual was apprehended to be informed of the charges against him rather than taken the individual directly to the criminal court, the only competent authority to hear

Victims´ access to the justice system is limited, particularly in the case of victims of misogynistic violence. Often, victims find that their cases have been dropped and

―responded to‖ by the system;

judges and prosecutors are in agreement and leave the victim even more vulnerable to an aggressor.

As a human being suffering from the consequences of a crime, the victim feels invisible within the criminal justice system with needs left unattended and perceived merely as one additional piece of evidence.

Referral networks are in place and operational thanks to the work of the counselors at the

Office for Attention to Victims

(OAV) but not assumed as a commitment by the Public

Cases entering the justice system seem to respond to a

―quota‖ system imposed on the prosecutor units by the Public

Ministry. This situation leads to negative impacts on the administration of justice and increased the workload and burnout endured by institutional staff. Many cases would have been better served through alternative resolution and this seems to be reflected in the high rates of dismissals.

This policy is in direct opposition to the premise behind Strategic Criminal

Prosecution.

The number of vulnerable victims that request a preliminary hearing is exceptional and when it comes at the request of the Public

Ministry, it is analyzed by the

Timeliness and Duration

Justice Service User

Satisfaction

Quality: technical ability of justice operators these type of cases.

The jurisdiction of a criminal court over municipalities some distance is not perceived as a problem in terms of compliance with constitutional requirements for individuals in custody. It appears that the disregard for constitutional limitations is quite widespread to the point of having been institutionalized by justice operators at local and national levels alike (police officers, prosecutors and judges).

Ministry.

judge (for example, the criminal court in Coatepeque).

Effective prosecution: Conclusion:

The assessment revealed a very weak response to the conflicts most commonly occurring in this region. The percentage of effective prosecution of serious crimes against life in

Malacatan and Coatepeque is barely 5.8% and in

San Marcos it is around 29%.

The situation is even more alarming in cases involving violence against women where effective criminal prosecution is found in merely

4.1% of the cases and an average of 65% of the cases are dismissed.

Rape cases are no more encouraging; on average, effective prosecution takes place in merely 14% of the cases. Most likely, the issue of violence against women is neglected and may be leading to many homicides being increasingly ignored by the system in terms of investigation and criminal prosecution.

Carrying an illegal weapon has become one of the most frequent charges in the municipalities covered by the assessment and has one of the highest rates of effective prosecution: 85 %, most likely attributed to the fact that is relatively simple to prove.

The information that was gathered –and verified through the interview process—reveals that, although organized crime has infiltrated all levels of social interaction in these communities, the illegal activity has not come to the attention of the justice system. In other words, criminal prosecution does not reflect the type of criminal activities taking place in the region.

The justice system´s weak response to criminal activity can be attributed to the following:

– The cases that are prosecuted reflect a desire to

―meet a quota‖ rather than to address social problems

– Deficient judiciary management and an ineffective distribution of the caseload among the capital of the province and other municipalities

– Insufficient staff and a poorly distributed workload between the Public Ministry and the Judiciary

– ―Desk-based‖ criminal investigation at the Public

Ministry ignoring special investigative methods

– Special evidentiary or investigative requests brought before a judge are ignored without just cause

– First appearances take place between four and fifteen days after apprehension and constitute a direct violation of human integrity and dignity.

A network of corrupt private attorneys is in collusion with officials from the MP, the Judiciary and the

National Civilian Police (PNC).

Effective prosecution: Conclusion:

Recommendations:

Smart replication of the 24-hour court model is worth considering for the area under assessment and should consider the particular aspects of the model that are best suited to put remedy to the situation described above. The following are recommended:

Establi…