Gloria Porras: “The Guatemalan state was in a coma; “Now there is hope for change.”

Former Guatemalan judge Gloria Porras is hopeful after the election of new judges for the Supreme Court and appeals courts in Guatemala. The lawyer, who was refused renewal by Congress in 2021 as a Constitutional Court judge and forced into exile, says President Bernardo Arévalo’s rise to power will end the country’s burden of corruption. For “an oxygen tank”. And freedom from impunity. Porras, who said in a telephone interview that “the Guatemalan state was in a coma,” says the changes promoted by Arévalo and the renovation of the courts in the past week boost the possibility of having an independent judicial system that cooperates with In his campaign to end what the president calls the country’s “corrupt settlement”, a political, judicial and business entanglement that has given rise to an undemocratic state during the administration of then-President Alessandro Giammattei.

Porras has said from his exile that “Judges are the main actors, perhaps not the exclusive ones, but the most important ones in achieving the protection of human rights in a democratic state,” which is why he hopes the new courts will function more efficiently and Independence, without the control that they now enjoy from “dark characters”, including corrupt politicians, powerful businessmen or judicial officials of dubious democratic vein, such as Attorney General Consuelo Porras, who has been positioned as the government’s main opponent . Arevalo’s. The President attempted to impeach him, but was unsuccessful. Despite being accused of blocking an anti-corruption investigation, Porras was renewed in his post by Giammattei in 2022.

Judges and prosecutors who have maintained an independent stance and attempted to independently administer justice in Guatemala have had to flee the country due to fear of reprisals, including arbitrary detention. This is the case of Porras. “Due to various decisions made in the exercise of my office, I had to face two events: the position of the Congress of the Republic to arbitrarily stop the swearing-in so that I could assume the office of magistrate for a third term.” And there were more than 80 criminal complaints against me as well as constant attacks on social networks,” says the former magistrate.

Ask. What does exile mean to you?

Answer. It has been a very difficult time for me, because I believe I had the potential, and I can’t say this in a good way, because it was very harmful for me to align the three powers of the state: President Giammattei, Congress. The President, Alan Rodriguez, and the President of the Supreme Court, who at the time worked together to force my deportation. It has not been easy, but even though all these tasks have been complex, they have given me the opportunity to gain new knowledge, new experiences and I have not lost my faith in justice. I presented a petition to the Inter-American Commission on Human Rights (IACHR), which restored my faith that at some point they could restore all these rights violated by the Guatemalan state.

Why. What is included in that request?

R. On my part, all processes at the national justice level had been exhausted and, not having received justice at the national level, I went before the Commission to condemn these violations. Not only the arbitrary lack of swearing, but also the process of criminalization, which I have been facing for many years.

Why. Why do you think Guatemalan state forces wanted him out?

R. Several years before my exile three powers, each with a separate role but duly coordinated, attempted to strip me of my immunity and prosecute me for decisions I made in the exercise of my position as a magistrate. demanded.

Why. What were the decisions that aroused so much resentment?

R. The decisions I made were, for the most part, focused on human beings, on vulnerable groups, and all of them, in some way, directly or indirectly, affected economic and political interests that they did not like, nor That only three powers. State, but for certain economic sectors of the country. Somehow, through a plan which I can now see more clearly, they conspired to prevent him from continuing as judge of the court.

Why. Which economic groups?

R. Most of the decisions that I took collectively, because none of the decisions taken by me were personal, were related to mineral extraction and operation of hydroelectric plants.

Why. Do you see the possibility of returning to Guatemala now that President Arévalo is at the helm?

R. When I left the country, the state of Guatemala was in a coma. I believe that the arrival of President Arévalo and the decisions he is taking are an oxygen tank for the country, especially because of the election of new judges. This provides ASHA the opportunity to return to the country at some time when conditions permit.

Why. Is the state of Guatemala still in a coma?

R. No, I believe that President Arévalo faced the same situation as me, because Congress was the main player in preventing me from assuming office for a third term. We all saw that Congress tried to stop the swearing-in and inauguration of the President. I think overcoming that hurdle and finding myself in office, making decisions, trying to understand not only the legal issues, but trying to understand the political situation of the country in every decision I make would have given me hope for a better future. Is.

Why. Does the president have any chance of achieving his goal of fighting corruption in Guatemala?

R. I think he is doing that. As a judge I can see some of the decisions taken by them and they are sometimes questioned because society in general makes requests to the government and expects it to pay immediate attention to them, but I believe ​​That the President takes important decisions, such as, for example, respecting the legality of the procedures to replace the Attorney General, because he understands the political context in which he works. To me this is promising, because respect for the law demonstrates far more character than decision making that most would expect.

Why. Attorney General Consuelo Porras has emerged as the main opponent of the Arévalo government. How do you evaluate the role she is playing?

R. A match is being played without any independent referee. My focus is not on what the Lok Ministry asks but on what the judges decide, that’s why I said the country has an oxygen tank at this time, there is a big possibility, with independent judges who will give it a second look. Judicial body can give. This renewal could be interesting and limit arbitrary requests. The President is calling on civil society to be alert to this change.

Why. Do you think these judges can create an independent court?

R. I can’t speak about a completely pure court, because I think it would be a dream to think that everyone elected by Congress will enjoy the confidence of the population, but I believe that renewal is important And there are some very capable people not just on a professional level, but on a moral level. They will get an opportunity to administer independent justice. They will have to evaluate whether they want to continue supporting the undemocratic process that has driven me into exile, or side with justice. If balance is achieved, there is an opportunity for the President to govern the country as we all see his limitations from Congress and other organs of the state.

Why. Who cares that there is no independent justice in Guatemala?

R. My departure and the departure of other actors, judges and prosecutors, and the attempt to prevent President Arévalo from occupying the office to which he was legitimately elected, are not individual incidents, but the same pattern of all that has been Developed, studied, and executed by undemocratic actors as reported not only by the United States government, but by over 40 countries. In my case it was the Congress, which stopped my swearing-in after being elected in a public and transparent process. When we understand that all these actions are not isolated, but there is a plan of the same actors behind it and now their faces are visible, then I believe we have independent people, good lawyers working. There are more opportunities to do and save the country. Now it is up to the new judges to remove the signal that the institution of justice is made up of puppets who follow the orders of black characters in the country.

Why. Which deep characters?

R. In my case I have mentioned it with complete clarity: the representatives who prevented my swearing-in, the judges of the Supreme Court arbitrarily authorized to deprive me of immunity. They distorted the system, they somehow tried to criminalize me, I understand that the intention was to arbitrarily prosecute me and that is why I am in exile.

Why. Does President Arévalo have the possibility to govern without other powers, such as economic power, that could hinder his mandate?

R. This renewal of the courts gives us that hope. We cannot lose hope. This hope not only encourages me, but also encourages other deportees who are being prosecuted and others who want to make change in the country, to have independent officers and the right lawyers in Guatemala. This is a huge opportunity to change the disastrous history of the last five years. If the head of the court is healthy, the body can function. If we have a good Supreme Court, which is balanced, we can think that the system can function more freely, more independently.