Justice in Guatemala: In a Republic, justice is objective and efficient. It does not respond to powers or interests. In 2019, Guatemala faces an opportunity to improve the administration of Justice with the election of new magistrates to the Supreme Court of Justice and the Court of Appeals. This represents an important step to ensure that those elected to the highest magistracies are suitable and responsible for guaranteeing the existence of a rule of law.
Currently, Guatemala ranks 96th out of 126 countries in the Rule of Law Index prepared by the World Justice Project (WJP). This index quantitatively measures the rule of law in 126 countries, taking into account the perceptions of the general public and experts on the subject through surveys and questionnaires.
What do they mean by Rule of Law?
A functional Democratic Republic reduces corruption, protects people from injustice, and fights poverty. The Rule of Law is an indispensable requirement in a Democratic Republic: "The Rule of Law is the foundation of communities of equality, opportunity, and peace, and also serves as the basis for development, transparent and accountable governments, and respect for fundamental rights.[1]"
For the WJP, the Rule of Law is a system of rules that encompasses four universal principles:
- Accountability
- Just laws
- Open government
- Accessible and impartial mechanisms for resolving disputes
Guatemala's very low score (0.46 on a scale where 1 is the highest) is due to the combination of the eight factors measured by the index, among which we highlight the following aspects.
Data and challenges for the administration of justice
The absence of corruption, specifically in the justice sector, is .48 or 48%, which means that there are still officials who use their positions to obtain personal or private benefits through bribes, informal payments, or perverse incentives. It is necessary for justice to be objective and not to respond to political power interests to end corruption.
It is important that justice respects the individual rights of Guatemalans. Guatemala's score is 0.55 or 55%, so progress is needed to ensure that all people are treated without discrimination, that the right to life, freedom of expression, religion, and association are respected, as well as the right to due process.
Civil justice, which is measured by the population's access to the courts or whether people know about the mechanisms available to resolve disputes, reaches 0.37 or 37%. This shows the low effectiveness of civil justice in being accessible, efficient, and free of corruption in resolving disputes. https://www.mcn.org.gt/justicia
Criminal justice has a score of 0.32 or 32%, showing the ineffectiveness of the system in investigating, being punctual in the administration of justice, and respecting due process. For Guatemala, the necessary focus is to respect all the rights of the accused. Due process only reaches 40%, sometimes violated by ideological revenge.
What the WJP has shown is that Guatemala lacks many aspects that support the proper functioning of any republic. We need to strengthen the primacy of law, that it is applied equally to all and that it is accessible in all corners of the country. It is also necessary to continue efforts to make the administration of justice transparent and for acts to be public, for things to be resolved in front of the citizens and not in secret.
The upcoming nominating commissions to elect candidates for magistrates of the Supreme Court of Justice and the Court of Appeals in 2019 will be the perfect opportunity to oversee the transparency, objectivity, and effectiveness of procedures in the country. Their importance includes ensuring that the processes follow what is established by law, but also that they are free from political influence or personal interests, and that the result of both commissions are lists with suitable candidates for a justice system that needs judges and magistrates who contribute to strengthening the rule of law, not destroying it.
If we want Guatemala not to rank among the worst in the indicators of rule of law and justice, we must ensure that the selection processes for important positions in the Judicial Branch are transparent and clean. In addition, those who seek to hold positions in the courts must meet the requirements and have the capacities established by law for a better justice system in Guatemala.