How a Guatemalan businessman brought a judge to justice

Defending your rights in court is not easy when you come up against a judge who misuses his authority

Image: iStock.com / Solarseven

Javier Muñoz*, a small businessman from the town of Amatitlán in Guatemala, fought long and hard to bring a gang of extortionists to justice only to see his efforts frustrated by the misconduct of a judge. His struggle is a small but significant contribution to making rogue judges in Guatemala face the consequences of their actions.

On 8 March 2017, a note was delivered to the internet café run by Mr Muñoz. It ordered him to begin paying protection money of 8,000 quetzales (US$1,057) a month, starting from the end of the month. “If I didn’t, they would kill my wife, my family, me obviously and my workers,” said Mr. Muñoz, “the person who brought the note showed they knew my daily routine and where I lived.” This kind of extortion is frighteningly common in many Guatemalan towns and cities — during 2017, the number of official complaints about extortion was 44 for every 100,000 inhabitants, according to the Diálogos research group.

Entrapment fails

A new police agent was assigned to the investigation and on 2 April 2017, the extortionist was caught red-handed trying to collect payment. As well as being a gang member, he turned out to be a client of the internet café. An initial hearing was held and the suspect placed in custody awaiting trial.

Threats and upheaval

Two weeks later on 14 November the trial began. Mr. Muñoz attended the first session wearing dark glasses and a hat and using a false name to protect his identity. Much to his dismay, the judge Edwin Raymundo Cabrera obliged him to remove the disguise and reveal his real name and other personal information to members of the gang present in the court room. He then questioned the veracity of evidence and finally dismissed the case and set the alleged extortionist free.

Mr. Muñoz turned to Transparency International’s Guatemalan chapter Acción Ciudadana for help.

Record of misconduct

With this evidence in hand, Acción Ciudadana and Mr. Muñoz are now attempting to have the judge declared unfit and have him sacked from his job.

Many Guatemalans have little faith in the integrity of their justice system. Currently, 44 per cent believe that most or all judges and magistrates are corrupt, higher than the regional average of 42 per cent. This is according to the latest Global Corruption Barometer — Latin America and the Caribbean, which asked more than 17,000 citizens in 18 countries across the region about their perceptions and day-to-day experiences of corruption.

“We often receive complaints about the justice system. The conditions for people to be able to report crimes such as extortion do not exist and, if people do declare these crimes, the measures to protect them are often disregarded,” said Edie Cux, president of Acción Ciudadana.

*Name has been changed

Transparency International’s Advocacy and Legal Advice Centres (ALACs) provide free and confidential legal advice to witnesses and victims of corruption. With more than 100 offices in over 60 countries, ALACs provide an accessible, effective way for people to report corruption and demand action. Learn more: www.transparency.org/reportcorruption

Support the work of Transparency International and the anti-corruption movement by donating today. Get in touch to find out more.

This article was written as part of the Global Corruption Barometer 2019 — Latin America and the Caribbean.

Voices for Transparency

A collection of articles, stories, analyses and opinions from the anti-corruption movement curated by Transparency International. All views and statements represent those of the authors, and do not necessarily reflect those of Transparency International.

Acción Ciudadana

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Fomentamos una ciudadanía consciente y comprometida con la promoción de la transparencia en la gestión pública.

Voices for Transparency

A collection of articles, stories, analyses and opinions from the anti-corruption movement curated by Transparency International. All views and statements represent those of the authors, and do not necessarily reflect those of Transparency International.

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