The United Nations said it would be sending an assistant director to continue its anti-graft mission in Guatemala on Wednesday but the group's Secretary General Antonio Guterres still supports Ivan Velasquez, the chief fo the International Commission Against Impunity in Guatemala, who is banned from entering the country, according to The Associated Press.
Guterres sent a letter to Guatemalan President Jimmy Morales which said he supported Velasquez but also told him to name a deputy, according to Reuters which obtained a copy of the letter.
“I see no reason to lose confidence in Commissioner Velasquez,” Guterres wrote in the letter dated Tuesday. “Nevertheless, considering the fact that he finds himself impeded from doing his work in Guatemala, I have asked the commissioner to name a deputy commissioner who can continue the work in the country, after consultation with authorities.”
The United Nations and Guatemala have an agreement which created CICIG, which says the UN appoints the leader of the effort, who then appoints staff; but the agreement doesn't make any mention of consulting with local authorities about the staff appointments.
Last month, Morales targeted the group by announcing he would not renew CICIG's mandate, later banning Velasquez, a Colombian prosecutor, from entering the Central American country.
Many are concerned about a potential "constitutional crisis" after Morales seemed to defy an order from the top court in Guatemala which ruled to allow Velasquez to return to the country.
Guatemala's Constitutional Court issued a provisional ruling on Sunday which allowed him to return, but Morales has maintained his refusal in allowing him back into the country, asking the UN to appoint a new leader for the mission by Wednesday.
CICIG was founded in 2007 to investigate criminal activity in Guatemala but ended up bringing down ex-President Otto Perez with a corruption probe and has also attempted to prosecute Morales for alleged illegal campaign financing.
CICIG announced Velasquez was still working and following the case from New York City.
UN Spokeswoman Florencia Soto told the AP the agreement between Guatemala and the UN meant Guterres is in charge of determining the head of CICIG.
"The secretary-general does not see any reason to change his current position of support for Commissioner Ivan Velasquez," Soto said.
Morales first declared Velasquez persona non grata last year after Guatemalan prosecutors attempted to bring corruption charges against Morales' brother and son.
That move to expel Velasquez was initially blocked by the Constitutional Court as well, but officials within Morales' administration now say they would continue to deny the CICIG leader entry.
Morales is currently immune from prosecution as a sitting president, but lawmakers currently have a motion which would lift those protections waiting to be discussed.
Human Rights Watch called on Morales to allow Velasquez to return to Guatemala.
“The Constitutional Court has once again stood up for the rule of law in Guatemala, and has thwarted Morales’ efforts to derail CICIG,” said Daniel Wilkinson, Americas managing director at Human Rights Watch. “The court is now considering a request to further explain its ruling, which Morales must fully comply with.”
Guatemalan Constitutional law experts told HRW they do not view Morales' legal argument as valid.
“The president has no choice but to fully comply with the court’s order,” Wilkinson said. “A refusal to do so would be a flagrant breach of the country’s constitutional order and grounds for the Organization of American States to invoke the Inter-American Democratic Charter to restore the rule of law in Guatemala.”
-WN.com, Maureen Foody
Photo:
AP / Moises Castillo
