Attachment 3 - Quarterly Report No. 9 Jul-Sep 2011.pdf

October 2011

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

It was prepared by Tetra Tech DPK.

PROJECT AGAINST VIOLENCE

AND IMPUNITY IN GUATEMALA

QUARTERLY REPORT: JULY – SEPTEMBER 2011

PROGRAM AGAINST VIOLENCE AND

IMPUNITY IN GUATEMALA

QUARTERLY REPORT: JULY – SEPTEMBER 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: OCTOBER 18, 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

1. EXECUTIVE SUMMARY

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

RESULTS, AND SPECIAL ACTIVITIES

2.1 IMPROVED JUSTICE SYSTEM CAPACITY TO PROSECUTE AND TRY SERIOUS CRIME (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 Public Ministry

Units in Place

2.1.4 Smart Replication of the 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 NGOs 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. Report on the international seminar entitled “Quality Standards in Assistance to Crime

Victims: Progress and Future Outlook” and general conclusions following the meeting.

2. Consultant report “Analysis of Laws and Draft Legislation on Juvenile Justice in Guatemala”

LIST OF ACRONYMS

ASOJAV Asociación de Justicia de Alta Verapaz - Alta Verapaz Justice Association

CEDAW Committee on the Elimination of Discrimination against Women CICIG Comisión Internacional Contra La Impunidad En Guatemala – International

Commission Against Impunity in Guatemala

COP Chief of Party

CRADIC Centro de Recopilación, Análisis y Difusión de Información Criminal - Center for

Criminal Investigation Collection, Analysis and Distribution

CSJ Corte Suprema de Justicia - Supreme Court of Justice

CSO Civil Society Organizations

DIGICI Dirección General De Inteligencia Civil - General Office for Civilian Intelligence

EEJ Escuela de Estudios Judiciales - School of Judiciary Studies

ETI Equipo Técnico Institucional – Institutional Technical Team

FADS Familiares y Amigos contra la Delincuencia y el Secuestro - Families and

Friends against Crime and Kidnapping

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

GAM Grupo de Apoyo Mutuo

GIS Geographic Information System

IBIS Integrated Ballistics Identification System

IDPP Instituto de la Defensa Pública Penal - Public Defense Institute

INACIF Instituto Nacional de Ciencias Forenses de Guatemala - National Institute of

Forensic Sciences

IT Information Technology

M&E Monitoring and Evaluation

MOU Memorandum of Understanding

MP Ministerio Público - Public Ministry

MPJ Movimiento Pro Justicia - Pro Justice Movement

NGO Non-Governmental Organization

OJ Organismo Judicial - Judiciary

PAVI/Project Program Against Violence and Impunity

PDC Partners for Democratic Change

PNC Policía Nacional Civil - National Civilian Police

SICOMP Sistema Informático de la Gestión de Casos del Ministerio Público - Public

Ministry’s Case Control Information System

Tt DPK Tetra Tech DPK

UNICAP Unidad de Capacitación del Ministerio Público -Training Unit of the Public

Ministry

UDI Unidad de Investigación - Investigation Unit

UDL Unidad de Litigio - Litigation Unit

URL Universidad Rafael Landívar - Rafael Landívar University

UVG Universidad del Valle de Guatemala - Del Valle University

VIF Violencia Intrafamiliar - Domestic Violence

I. EXECUTIVE SUMMARY

This is the ninth Quarterly Report for the Project Against Violence and Impunity (PAVI or the

Project) and covers the period from July through September 2011. The Project is pleased to report that the seeds sown many months ago are now bearing fruit, as highlighted below:

Prosecutors from the Litigation Unit (UDL) and the Crimes Against Life Unit (FDV) have joined efforts in a collective attempt to apply a more rigorous technical approach to prepare for hearings at each stage of criminal prosecution. The approach is comprised of two key elements: developing a criminal theory and then preparing an appropriate description of the legal basis for criminal charges. The results from applying this type of methodology are expected to lead to an increased number of convictions and appropriate sentencing.

The Project provided assistance to organize the international seminar “Quality Standards for Assistance to Crime Victims: Progress and Future Outlook.” The activity produced standards and definitions for service providers assisting crime victims in Guatemala and enabled participants, including judges, prosecutors, court-appointed attorneys, police officers, child welfare and victim service professionals, human rights defenders and personnel representing 12 Non-Governmental Organizations (NGOs) (working in both the capital city and other urban areas), to exchange experiences and describe some of the best practices developed in the field to assist victims of criminal activity. Most importantly, the activity used a participatory approach to produce national standards based on domestic legislation and regulations, as well as to define the standards to be applied by each type of judicial and social operator working with crime victims.

The Project´s strategy for institutional development and strengthening places increased value on the human resource component by creating Institutional Technical Teams (ETIs) within the public institutions. The PAVI team is pleased to report that work with the ETIs has led to steady progress in safeguarding human capital, developing an organizational identity, and building capacity. The Project team has spearheaded the effort through each stage of development to the point now that institutions are capable of describing a problem and developing solutions. It has been very rewarding to observe a dynamic ETI in place at the 24-hour court facilities that meets on a regular basis to track commitments and make adjustments as necessary to improve courtroom management. The Project has witnessed the process in action as the institution develops in-house skill sets and puts mentorship and leadership programs in place. To cap off the process, the Project has also been successful in working with the Supreme Court of Justice (CSJ) and the Pro Justice Movement (MPJ) to promote the Institutional Integrity Model.

A total of 17 organizations have expressed interest in the Project´s Small Grants Program to work on institutional strengthening, training, and advocacy projects. Of these, 12 have progressed through the proposal and selection process. To date, eight projects have received approval and four are still under review. The grantees are focusing their efforts on the six priority areas detailed in the PAVI Small Grants Manual. More than half of the projects are being led by women.

In addition, the end of this reporting period coincides with the submission of the Annual

Monitoring and Evaluation (M&E) Report describing the Project´s progress in meeting the performance and impact indicators. The Project recently submitted a modified M&E Plan to

USAID with specific adjustments and changes to baseline data, descriptions, and indicator targets as requested by the Agency. USAID approved the Revised M&E Plan on September

28, 2011

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 Prosecution Unit The Project´s work in capacity building at the UDL is based on a training methodology using case theory as the key element for work planning and analysis. The approach prioritizes linking facts (factual platform) to proof (evidentiary platform) in order to build the case around well-founded criminal charges.

PAVI has provided assistance to schedule regular working meetings that allow prosecutors to build consensus around their requests, motions, and charges based on a logical structure that is solidly developed. In particular, the sessions center attention on cases involving more than one perpetrator, complex criminal activity, or connected incidents. This allows prosecutors to avoid processing individual indictments for each perpetrator and rather focusing on building cohesive and factual complex cases. In the past, prosecutors would readily prepare 20-page indictments, and even then fell short of the goal.

Using the new approach developed by the Project, the indictments are no more than three or four pages long, are much more clearly written and describe both the facts and the prosecution for individual criminal acts and organized crime activities. The consensus reached during the working meetings will be presented to the head of the FDV Prosecution Unit for review, approval, and replication.

Workshop on Preliminary Hearings

UNICAP

Working Meetings Topics

(July – September 2011) Target Group

No. Of

Participants

Preliminary hearings

FDV Prosecutors and

Assistant Prosecutors

Indictments 37

Presenting Evidence 31

Trial 26

Total 135

The Investigation Unit (UDI) has been restructured to strengthen ties with the Analysis Unit. It is worth mentioning that the person appointed to head the Unit is known for personal leadership qualities, has a great deal of experience in prosecuting criminal groups, and was trained in criminal intelligence and analysis together with the group of analysts that participated in PAVI-supported activities last year.

As a result, the UDI is working diligently on connecting cases by analyzing incidents and suspects using cross-referencing of the Public Ministry’s Case Control Information System

(SICOMP) data, which will allow it to address overall criminal phenomena and organized crime.

Among other methods of criminal investigation and analysis, the Unit relies on photographic identification, definition of criminal structures, criminal activity mapping, and pays special attention to organized crime groups operating in Guatemala City.

This type of approach has led to linking investigations that share common variables and can be attributed to a specific organized crime group and to assign them to a particular prosecutor team. This is quite a turnaround from the days in which only the violent deaths of public transportation workers were being investigated. The Project is pleased to report that at this point in time, each prosecutor team is investigating either one or two crime groups operating in various parts of the city.

Another significant result to report centers on linking the evidence of 361 separate investigations that produced ballistic evidence to merely 71 cases to be investigated by one of the prosecution units. This implies that 25 or 30 incidents associated to a single case are being led by one of the prosecutor units, which will result in more structured activities, efficient investigations, and effective prosecution of serious crime. Some of the most relevant examples of this result are summarized in the following table:

Cases Status

Limón Case

Up to 20 incidents, including an attempted bombing at the National Civilian Police

Hospital and an attack on a Transurbano, may be linked to this case. Investigations have identified a number of cliques, including the “Maestros del Dance and Rap” (MDR) and the “Solo Ranfleros” (SR) belonging to the Mara 18 criminal gang, to be involved in extortions, illegal arms possession, and the murders of fellow gang members. The investigation has led to the arrest of eight leaders and identifying other 12 individuals, who still remain at large.

“Maestros del

Dance and Rap”

(MDR)

The “MDR” and “LSC” cliques belonging to the Mara 18 criminal gang are involved in selling drugs, extortions, femicide and murders in Zone 18 of Guatemala City.

Investigations have led to identifying the criminal structure and cross referencing data and files on SICOMP using ballistic evidence and the statements of an informer.

Melba Case

The female leader of the “Solo Raperos” clique is in custody and charged with homicide, extortion and drug trafficking. In addition, the investigation revealed the entire criminal structure based on linking ballistic evidence and then cross-referencing and analyzing case files.

Chiapas Case

This case identified eight individuals involved in homicides, drug trafficking, hijacking container shipments, and stealing motorcycles and cell phones in Guatemala City`s Zone

7. The criminal structure has been identified and an arrest warrant issued for the group leader known as El Chiapas.

“Solo para locos”

(SPL) Case

The Unit has been investigating a Mara 18 clique involved in homicides, illegal weapons, and extortions in Guatemala City´s Zone 21, Villanueva, Santa Catarina Pinula and

Amatitlan. To date, eight group members have been apprehended. The process is still underway and the Analysis Unit is contributing to the investigation using ballistic evidence and wiretapping results.

Dismemberment

Case

This case involves the severed heads of three victims that were located in various areas of Guatemala City. At present, it appears that a criminal structure is behind these incidents. An informant turned evidence over to the state, which led authorities to locate some of the dismembered body parts. The informant has been granted benefits under the “colaborador eficaz” protocol

Coronados Case

The Salvatrucha gang clique known as the “Coronados” is involved in assassinations for hire and drug trafficking and sales in Guatemala City Zone 5. One of the members known as “el Chirrias” has been apprehended and indicted on two murder charges and stands to be charged in six other homicide cases.

As evidenced above, Project activities are generating positive impacts in successful criminal investigation. This quarter, the Project focused its efforts to improve prosecution by working with the UDL to double its staff from six prosecutors to twelve. The understaffing issue was a major factor in inefficient case processing, excessive workloads, and poor staff morale. Now that the office is fully staffed, the Project is developing activities to strengthen the Unit along technical lines, as well as to encourage teamwork and leadership among its members.

Task Forces for complex and high impact cases

The implementation of the high impact case management model is one of the Project’s ongoing activities. The following table summarizes the main results of cases that were developed over the course of the previous quarter. The table lists indictments or scheduled hearings.

Cases Results

ASOTEB Case A series of extortions were systematically perpetrated on the ASOTEB transportation company. Twelve individuals linked to the crime have been indicted.

Serial Rapist in

Villa Nueva

A number of rape incidents in Villa Nueva have been linked to the same individual and the case is currently being tried.

INEB Case

Using Integrated Ballistics Identification System (IBIS) ballistics data, 40 cases were found to be linked, including the murders of four adolescents in several areas in Villa Nueva and Villa Canales. The case is currently being tried.

Pujijiles

Case

The case is currently being heard by the High Impact Court and proceedings were initiated against seven defendants on September 21, 2011

Aguilas Case

Through the use of wiretapping and informants, the prosecution team discovered links between several kidnapping cases and solved the murder of the niece of one of the sentencing judges assigned to Guatemala City. The trial is scheduled to begin on

October 5, 2011.

Model based on Specialized Investigation Structures

The Project provided assistance to prepare a proposal for the Secretary General on creating specialized investigation structures. The proposal is based on taking a specialized approach for a specific type of crime, which is then assigned to a group of prosecutors. The prosecution teams build their cases around large volumes of information that evidence a specific criminal phenomenon, which allows them to target their efforts toward disbanding criminal groups. A specific case study was built around extortions.

The widespread issue of extortions has been a pet peeve of the Secretary General, who has called in support from both the Analysis Unit and the International Commission Against

Impunity in Guatemala (CICIG). Two individuals are currently assigned to document data using an analytical matrix, incident mapping, and identifying and diagramming criminal structures.

To contribute to this effort, SICOMP designed an Investigation Data Module as a tool to organize information for criminal investigation of extortion-type incidents. Based on Project recommendations, the program developers included a number of specific fields and catalogues for information parameters and cross-referencing to identify common characteristics in the criminal incidents, relate cases, and associate them with a specific criminal organization. Even though this module was built around extortions per se, it can readily be adapted for other types of serious crime.

Although the subject has sparked a great deal of positive interest, the Project has nonetheless detected three potential obstacles that could limit its effective application:

Only one member of the staff is assigned to deal with a large volume of data

The assigned staff individual has limited experience in this type of crime

The National Civilian Police (PNC) and Public Ministry (MP) have different priorities and approaches for investigating extortion

The Project will continue to support the implementation of the model and will promote coordination efforts among the different institutions to prevent the above mentioned problems.

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

As described in previous reports, the inter-institutional agreement to cross reference information from the IBIS has continued to yield significant results for strategic investigation of criminal groups involved in extortions, grand theft, armed robberies, homicides, and others.

The system is currently generating reports every two weeks to associate ballistic evidence based on criminal incidents, locations, and dates.

In addition, the MP has taken a further step to implement the inter-institutional agreement on criteria for clinical and medical autopsies by hiring two medical examiners to be responsible for orientation and training of 200 physicians from the San Juan de Dios General Hospital and an additional 250 physicians from the Roosevelt Hospital. These physicians are in a position to certify a natural death based on a number of sources such as: clinical records and medical history, hospital records, family history and background, etc. In suspicious circumstances, the physicians are instructed to perform a clinical autopsy that can be interrupted if they detect any evidence of violence. If this were the case, the physician is instructed to call in the authorities to take over and have the case moved to criminal prosecution without jeopardizing the legal grounds for further investigation.

Although it is still too early to gauge the positive impact of the agreement, the new approach has already contributed to a noticeable reduction in the number of hospital deaths reported to the MP or INACIF. This then leaves the institutions free to better invest their time and resources on actual violent death cases. The Project plans to assess the impact of this component during the following quarter.

Support for Implementation of the Law Against Organized Crime and other key

Legislation

The regulations governing procedures to turn evidence over to the State were reviewed and approved by MP authorities. The process included two working sessions to review the document prior to submitting it to the Attorney General for her signature. Once signed, the

Project will provide assistance to disseminate the contents among the prosecutorial staff and begin efforts to coordinate its application among other government agencies, as necessary.

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

As a result of efforts to implement this legislation and working in coordination with the

Narcotic Affairs Section of the U.S. Embassy in Guatemala, PAVI provided assistance for five individuals to travel on an exchange visit to the Asset Laundering and Seizure Unit run by the

Office of the Attorney General of Colombia. The participants included a prosecutor and two assistance prosecutors from the Asset Seizure and

Forfeiture Unit, joined by a First Instance Criminal Court judge specializing in these cases and a representative from the Constitutional Court. The Project is planning a second trip for two prosecutors, two assistant prosecutors and another first instance judge.

Four sentences have been handed down in asset seizure and forfeiture cases totaling

US$1.2 million

The Asset Seizure and Forfeiture Unit was created by Agreement 65-2011 and, at the Project’s suggestion, reports to the Money and other Asset Laundering Prosecutor Unit. In addition, the

Project has provided assistance to expedite Government Agreement 255-2011, which outlines the regulations to implement the Asset Seizure and Forfeiture Law.

The Project is pleased to report that the Asset Seizure and Forfeiture Unit has made significant progress in a very short amount of time. Using a provision under Article 14 of the Law to expedite the process based on false declarations or omissions on the tax and customs declaration form submitted by international travelers, the Unit prosecuted four asset seizure and forfeiture cases in which the courts ordered the forfeiture of approximately US$1.2 million in assets. In addition, another 18 cases are currently before the courts and being prosecuted by the prosecution units against Organized Crime, Money and other Asset Laundering, Drug

Activity and Corruption.

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 SICOMP2 in the FDV is currently underway. The Project has provided assistance throughout every stage of the process, including data migration, verification and certification, training activities for officials, prosecutors and assistant prosecutors, and support for working groups comprised of system end-users.

One of the Project’s most significant contribution to implementing the system’s upgrades consists of the SICOMP2 procedural handbook. The handbook illustrates and describes the procedures to appropriately manage the system and ensure standardized application among all users that will lead to its optimized and sustainable performance.

The handbook provides step-by-step user guidelines for each procedure; i.e., register information, submit queries, generate statistical reports, seek help options, assign processes and input free text for reports or requests, submit investigation leads, and oversee or monitor investigations’ progress.

To enhance implementation, the Project provided assistance to install an interactive learning tool within the system based on simple and user-friendly presentations to guide users on how to make the most of the new features.

In addition, the Project has taken steps to reduce the system response time by procuring additional RAM memories for 167 computer modules at the FDV Unit.

FDV Unit Training Activities Prosecutors Assistant

Prosecutors Officials Total

Chief Unit 2 2 2 6

Linkage Unit 1 2 1 4

UDI 12 70 12 94

Early Decisión Unit 1 6 1 8

UDL 8 11 10 29

Total 24 91 26 141

As reported earlier in this report, the Project worked to optimize SICOMP performance by building in new and expanded information fields and catalogs that enable both the FDV Analysis and Linkage Units to access additional data that may improve investigation efforts, incident analysis, cross-referencing variables to identify suspects, define organized crime structures, and map out criminal activity.

In addition, the Project designed the Investigation Data module as a tool to effectively track progress in criminal investigation for certain types of crimes. The module is based on a series of specialized fields to catalog information using various parameters and cross-referencing applications to identify common characteristics of criminal phenomena, associate cases, and identify possible suspects or organized crime groups. The tool will soon be added to SICOMP2 to optimize the system’s response to queries or searches and improve operations among the various prosecution offices and units.

2.1.3. Comprehensive Growth and Development Plans for Key Public Ministry

Units in Place

Analysis Unit

The following table highlights some of the more significant results obtained by the Analysis Unit this quarter (in response to 39 requests submitted by prosecutors regarding information from wire-tapping, computer record analysis, inter-communications, criminal analysis, video images and financial analysis along with an additional seven requests to produce analysis for hearings and court proceedings). The Analysis Unit’s activities are increasingly focused on criminal phenomena as a reflection of the way the prosecution units are now operating.

Cases Status/Results

Zeta Cartel Case

The Unit worked on several cases attributed to this criminal organization, which has been steadily gaining ground in Petén, Alta Verapaz, Baja Verapaz, Jalapa, Quetzaltenango, Totonicapán, and Huehuetenango. The UA submitted several reports (forensic video analysis, inter-communicational analysis, criminal analysis and audio analysis) to various Prosecution Units in support of indictments filed against 38 individuals.

“Solo para Locos”

(SPL), Mara 18

Criminal Gang

Case

The Unit analyzed several cases and worked with CICIG to produce six reports that enabled prosecutors to file charges against SPL gang members. In addition, the Unit is working on approximately 30 additional information files.

FDV Cases The Unit is reviewing a number of reports on recent incidents in Villa Nueva and

Villa Canales to identify any associations among the crimes. The murders of four teenagers are among the crimes being analyzed.

“Solo Raperos”

(SR), Mara 18

Criminal Gang

Case

This case went to trial based on the analysis produced by the Unit. The judge handed down a guilty verdict and sentenced the defendants on September 23.

Metropolitan

District Prosecutor

Case

About 20 reports alleging fraud perpetrated by several notary publics are currently being analyzed by the Unit.

The Project has provided technical assistance for the remodeling of an office space in the Unit to be used as a forensic video lab. The Project submitted the environmental mitigation plan to

USAID in late September 2011. PAVI expects the video lab will be up and running as early as next quarter. The Unit staff assigned to the lab received the required training to operate the video lab in El Salvador thanks to the Canadian donor cooperation. The Project will focus efforts on linking the video-forensic lab team in the Analysis Unit with the PNC Audiovisual team.

The process to procure hardware and computer programs for the Geographic Information

System (GIS) is nearing completion. Both contracts have been awarded to local companies and

PAVI scheduled the first implementation phase for mid-October.

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

Mixco and Villa Nueva

The Project reports the progress attained over the last several months, as follows:

The General Office for Civilian Intelligence (DIGICI) has joined into the coordination efforts

The effort to more effectively manage criminal information now also includes the PNC

Audiovisual Unit.

The Center for Criminal Investigation Collection, Analysis and Distribution (CRADIC)-MP ETI requested PAVI support to set up a briefing for the DIGICI Director and Deputy Director regarding the ETI´s objectives in Mixco and Villa Nueva. In addition, the meeting provided an opportunity to officially request DIGICI coordination and support, particularly in regard to intelligence on Mixco and Villa Nueva incidents that can be fed into the “geographic areas/criminal activity” approach that is being used in those municipalities. The intelligence reports will be treated as confidential for distribution to prosecutors; moreover, nothing in the reports will be attributed to DIGICI as the source.

In addition, the CRADIC-MP ETI asked the Project to bring in an expert on information management and analysis regarding video images. In the case of Mixco in particular, the

Municipal Prosecution Office is working on a number of femicide cases in which their primary evidence relies on low-resolution video images, which has prevented further progress on the investigations.

In response, PAVI contacted the elite team from the PNC Audiovisual Unit who specializes in criminal investigation using video images (from public or privately-owned security cameras), particularly for homicide cases. The team uses a broad-based strategy that relies not only on primary images from a camera that may be coincidentally located near the crime scene, but also assess possible access or escape routes to seek out additional video tapes from other cameras located in these alternative paths that could reveal the actual route taken by the perpetrators.

The FDV team from the Mixco Prosecution Office participated in the first of several workshops that the PNC Audiovisual Unit organized to describe how the Unit was created, its structure and performance, its means to gather information from video images, and how prosecutors and assistant prosecutors can request their services. The Project discovered that approximately

80% of the prosecutorial staff was entirely unaware of the existence of the PNC Unit, nor of the useful tool at their disposal for criminal investigations. The Project will continue to support enhanced coordination and joint efforts as the MP forensic video lab in the Analysis Unit begins operations in the near future.

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

Supported

24-hour Courts

The smart and assertive replication of the First Instance and Criminal Trial Court Models (24-hour courts) is based on findings from assessing and evaluating its operations and concept.

Accordingly, the replication should consider the issues regarding the advantages/disadvantages of replicating the model as originally envisioned and the need to adjust it to ensure its sustainability and effectiveness.

In that sense, the smart and assertive replication of the model has been based on reproducing the practices, processes, and mechanisms that have proven to be useful (particularly in Mixco and Villa Nueva, along with the ongoing process in Escuintla and Sacatepéquez) and applicable within the Guatemalan criminal justice system.

Analyzing possible routes to escape a crime scene

These variables and the conditions under which the model shall continue to operate were debated and approved by the Supreme Court Assembly, as stated in Agreements Nos. 18-2010 and 19-2010.

In line with its contractual obligation, the Project supported this evaluation and adjustment of the Criminal and First Instance Court model for its effective replication. In adjusting the model, the Project considered the regulatory and prosecutorial evolution that had taken place in the Guatemalan justice system and the courtroom and docket management models (i.e. high risk criminal courts to hear high impact cases, specialized courtrooms for specific crimes covered by the Law

Against Femicide and other Forms of

Violence against Women, criminal courts to dispose or transfer back-logged cases (Juzgado de Liquidación), incineration courts, peace justices with jurisdiction over procedures that call for less than five-year sentences, criminal courts for asset seizure and forfeiture cases) that would be required to address an increasingly complex criminal activity.

Based on these variables, the replication was adjusted as follows:

a) It will not entail the functioning of the courts for 24 hours and every day to not impose a greater financial burden to the OJ. To provide prompt access to justice, the latest reforms to the Code of Criminal Procedure allow detainees to be presented before local peace justices, whom are authorized to decide cases that are punishable with less than 5 years of imprisonment. The reforms also require peace justices to be on duty at all times

b) It will not require that all justice sector institutions are located within the same physical space

c) It will include the following processes and procedures:

Multi-member Court: The model is based on a courtroom presided over by several judges that hear cases based on strict criteria for oral proceedings and share a unified understanding of the role of the judge throughout the preparatory and intermediate stages of criminal prosecution.

Building a new judicial culture: The judge’s place is the courtroom and the management and case processing are concentrated in and supported by common administrative services.

The Secretary of the Court as the focal point for administrative operations: Clearly defined roles, duties, and workload distribution among auxiliary judicial staff in response to a new management model implies a departure from traditional job descriptions (judge to clerk to court officer or judge to officer).

Placing the administrative responsibilities and operations in the hands of a single office manager is more likely to produce effective results and coordination while preventing territorial or control issues that may arise among individuals in positions

The Project supports the smart and assertive replication of the Criminal and

First Instance Court Model practices and processes that have proven to be useful and applicable to within the Guatemala criminal justice system.

of authority. The structure assigns the responsibility to a single position to provide efficient services and operations.

Oral proceedings: Oral proceedings are based on an open debate that allows the judge to hear arguments from both parties and leads to more efficient responses

(timeliness) and effective actions (immediate and appropriate) in response to demands for justice while prioritizing compliance with legal and prosecutorial time limits.

Information Management: It is generated through Information Technology (IT) platforms tailored to the requirements of each model. It controls data input, record, and monitoring throughout the process. An IT system is an indispensable operational tool to manage shared services using a procedural handbook to:

o Guide internal procedures and workflow o Track deadlines, length and duration of proceedings, suspended hearings and cause for suspension o Automatically schedule the docket o Generate reports on types of cases and decisions handed down by the

Court.

The Project conducted a study to assess justice administration and operations in the municipalities of Coatepeque, Malacatan, and San Marcos. The findings revealed that conditions are in place to support smart and assertive replication of the adjusted model.

Based on the conditions described above, replication in those municipalities would produce the following:

Creation of a multi-member court that integrated to the first instance court will provide immediate response to the legal and constitutional requirements for time limits on initial appearances and statements before the court. In addition it will address what the Criminal

Chamber considers “privileged” hearings, such as issuing search warrants, arrest warrants, and urgent court orders requested by the MP.

Promote the use of oral proceedings by providing the appropriate technology and necessary separation of the Judiciary (OJ) and administrative roles by managing the courtroom based on the use of shared services.

Creating and operating a sentencing tribunal in Malacatan that would increase the availability of services from both the MP and the Public Defense Institute (IDPP). This in turn will improve the system’s response and eliminate the need for justice operators to travel to hearings taking place in the capital city of San Marcos province.

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

The Project organized the international seminar “Quality Standards for Crime Victim Assistance:

Progress and Future Outlook.” to develop standard definitions for victim services providers in

Guatemala. The seminar was the result of a coordinated effort among the OJ, the MP, the IDPP, and Families and Friends Against Crime and Kidnapping (FADS).

PAVI provided assistance so that judges, prosecutors, defense attorneys, police officers, child welfare and victim service professionals, human rights defenders, and representatives from 12

NGOs from urban and rural areas in Guatemala could come together and exchange experiences and best practices on the provision of services for crime victims. One of the most salient aspects of the event centered on the participatory process to produce standard definitions for victim services providers based on domestic regulations governing justice and social service operators. The process was greatly enriched by the participation of renowned international experts such as Dr. Hilda Marchiori, Criminology and Victimology Expert from the World Victimology Association in Argentina, Dr. Maria de la Luz Lima, President of the

Victimology Social Network in Mexico, Maria Teresa Ambrosio, Victimology and Criminology

Specialist in Mexico, Dr. Yaosca Eugarrios, Prosecutor and Head of the Public Ministry´s

Victim Assistance Unit in Nicaragua, Dr. Aurora Amador, Prosecutor in Chontales, Nicaragua and Emilio Viano, Professor from the American University and the Washington College of Law in Washington DC. In addition to the contributions made by the above-mentioned experts, the local participants enhanced the discussion by describing experiences and cases that illustrated recent progress in acknowledging and protecting the rights of victims (see Annex 1).

The seminar was organized around presentations on the latest research on the subject followed by sessions describing services currently provided to assist crime victims. In addition, the seminar provided two sidebar activities to raise awareness; the first covered leadership issues and the second involved role playing from the position of a crime victim.

The seminar focused on the main issue on the agenda from a judicial and prosecutorial perspective. It analyzed the way the role of the victim has evolved from being practically invisible to the point where the victim’s rights are acknowledged and exercised, which constitute the most recently reference framework on “Quality Standards for Crime Victim

Assistance”.

The seminar produced conceptual guidelines as to what constitutes a standard and defines quality for each standard in the provision of services and assistance to crime victims. The conceptual development was enhanced from criminology and victimology perspectives as they pertain to human behavior and the effects on the lives of the victims. These are the premises that dictate the attention and reaction required from the criminal justice system and the importance of factoring the circumstances of the victim into the criminal investigation.

One of the most significant results of the seminar lied in the discussion and acknowledgement of victim rights based on constitutional mandates. In this regard, the presentations from Mexico stressed the importance of acknowledging the constitutional mandate to comply with the guidelines, principles, and precepts to protect crime victims and prevent abuse. This in turn must then translate into the regulations that specifically define the protection and the implementation mechanisms.

Even though Article 44 of the Guatemalan Constitution states that victim rights are described and acknowledged in the international conventions and agreements ratified by the Guatemalan

Government, in reality no major focus has been given to protect and defend the victims’ fundamental rights.

At this point in time, Guatemala is contemplating constitutional amendments that involve justice sector institutions. This might present an opportunity to introduce changes in the areas described above, particularly as they pertain to gaining ground in a region in which other countries are making strides in criminal justice applied to victim rights and an increased demand for respect for those rights might reach international courts.

Once the reference and background content was provided to the participants, the seminar presentations focused on sharing experiences and collectively producing results to standardize the provision of services for crime victims.

Opening Ceremony of the International Seminar

The Seminar also provided an opportunity to promote PAVI’s Institutional Integrity Model among the OJ, the MP, and Civil Society Organizations (CSO) comprising the MPJ coalition through the implementation of two activities:

1) The Guatemala Professional Women´s Group facilitated the session “take a walk in someone else´s shoes” to address issues on violence against women

2) Marco Antonio Garavito, Director of the Mental Hygiene League, facilitated a workshop on positive leadership and institutional integrity.

The following table summarizes the standards produced during the seminar:

International Standards Type of Victim Domestic Standards

The Fourth Geneva Convention in

1949 produced four international agreements to protect victims of war.

Victims of war

United Nations Declaration of Basic

Principles of Justice for Victims of

Crime and Abuse of Power, 1985.

Victims of crime and abuse of power

United Nations Convention on the

Rights of Children Children as potential victims

Law to Protect Children and

Adolescents in Conflict with

Criminal Law

Strategic approach and models to eliminate violence against women in regard to criminal justice and crime prevention, 1997.

Female victims of violence in regard to criminal justice and crime prevention

Law Against Femicide and other Forms of Violence against Women

The Istanbul Protocol or the Manual on Investigation and Effective

Documentation on Torture or other

Cruel, Inhumane or Degrading

Punishment, adopted by the United

Nations in 1999

Victims of torture or other cruel, inhumane, or degrading punishment

United Nations Convention against

Transnational Organized Crime, 2000.

Crime victims and witnesses, their families and individuals involved in organized crime

Law Against Organized Crime

Protocol to Prevent, Repress, and

Punish Trafficking in Persons, particularly women and children in addition to the UN Convention

Against Transnational Organized

Crime, 2000.

Victims of trafficking in persons, particularly women and children

Law Against Rape, Sexual

Exploitation, and Trafficking in Persons

United Nations Protocol against illegal trafficking in immigrants, Immigrant victims

2000.

Protocol for the United Nations

Convention on the Rights of the

Child pertaining to the sale of children, child prostitution, and the use of children in pornography approved by the General Assembly in Resolution 54/263 dated May 25, 2000.

Victims of the sale of children, child prostitution, and the use of children in pornography

Law Against Rape, Sexual

Exploitation, and Trafficking in Persons

Guidelines on Justice for Child

Victims and Witnesses of Crime, 2005.

Child victims and witnesses of crime

Inter-American Convention to

Prevent, Sanction and Eradicate

Violence against Women “Belem

Do Para” Convention dated June 9, Law to Prevent, Sanction, and

Eradicate Violence against

Women

The following table illustrates an example developed by specialized judges and the Mixco Peace

Justice of how the standards to provide assistance to female victims of crime can be applied as described by the Law against Femicide and other Forms of Violence against Women:

Source for the Standard Right to be

Protected Standard for Assistance

Articles 1 and 2 of the Guatemalan Constitution

Minimum regulations based on the United

Nations System

Article 124 of Decree 7-11 on reforms to the

Criminal Prosecution Code (CPC)

Articles 1 and 2 of the Law to Prevent, Sanction and Eradicate Domestic Violence (VIF)

Article 1 of the Law Against Femicide and other

Forms of Violence against Women

Dignity

Access to justice

Fair treatment

An acknowledgement from the very first contact with the victim of her condition as a human being and concern for her dignity throughout the entire process

Ensure that each of the rights and guarantees afforded by the law are provided to the victim throughout the entire process as part of an authentic judiciary response

Articles 1, 2 and 4 of the Guatemalan

Constitution

Articles 5 and 116 of the Guatemalan

Constitution

Article 2 of the Law to Prevent, Sanction, and

Eradicate VIF

Effective judicial protection

Assistance should be provided in a timely fashion at each step in the process in compliance with timeframes and deadlines

Article 6, Item D, Chapter 2 in the Justice Manual on the use and application of fundamental principles 40/34

Articles 6 and 7 of the VIF Law

Article 9 of the Law Against Femicide and other

Forms of Violence against Women

Article 11, Agreement 30-10 of the Supreme

Court of Justice

Article 117, Decree 18-2010 on reforms to the

CPP

United Nations Recommendation 19, Committee on the Elimination of Discrimination against

Women (CEDAW) Committee, Article 4, Item

G, CEDAW, Article 7, Item 8 D, F Belem do

Para.

Access to services:

Medical and psychological assistance, social support service, legal assistance, training and job placement services

Provide measures to safeguard and protect the victim in a comprehensive fashion with appropriate and complementary approaches

Article 6, Items A and B United Nations

Resolution 40/34

Article 13 of the Law Against Femicide and other

Forms of Violence against Women

Article 5, User Manual and application of United

Nations Resolution 40/34

Article 117, 310 and 124 of the CPC

Access to

Information

Freedom to

Express an

Opinion

Both the initial statements and first court appearance should explain and describe the rights of the victim throughout the process, as well as any possible consequences

United Nations Resolution 40/34, Reparations

Article 20 of the Law Against Femicide and other Forms of Violence against Women

Article 119 CPP

Article 7, Item G CEDAW Article 7, Item O:

VIF Law

Article 117, 218 y 317 Literal G CPC

Reparation and compensation

Dignified reparations based on the victims’ needs

Article 6, Item E, United Nations Resolution

40/34

Article 6, VIF Law

Avoid revictimization

Throughout the entire process, any unnecessary interventions should be avoided along with procedural issues that could negatively impact the victim

Based on the work of the different criminal justice operators, representatives of Civil Society

Organizations, and service providers working groups, the following victims’ rights and standard categories were identified:

Right to be heard and profess an opinion

Right to be informed (procedural guarantees, case status, prosecutorial and judiciary decisions)

Right to physical and personal safety throughout the process

Right to effective judicial protection

Right to comprehensive assistance: Medical, legal, psychological, and social

Inter-agency working group

Victim Services and Assistance in Flores, Petén

The Project provided a sub-grant to the Pastoral Social Vicariato Apostólico de Petén to develop a comprehensive victim’s assistance program that includes psychological counseling and legal advice for victims of crime and violence. The grant was designed around the needs of the victim and comprised the provision of appropriate infrastructure and equipment support to ensure privacy (accessibility and uninterrupted services) and comfort (spacious, light, well-ventilated and furnished areas) for the victims in peaceful surrounding.

The Pastoral will focus primarily on providing psychological counseling and is developing instruments to take statements, register cases, and use coordination mechanisms to refer individuals to appropriate institutions providing in-house or outpatient services.

The Pastoral is taking referrals from the MP, the judiciary, and other ecclesiastical, social or community programs that may have participated in awareness or training activities on violence or conflict resolution. This quarter, the program received 56 cases (69% of which were from females and 31% from males).