成功太多?打击危地马拉有罪不罚现象国际委员会的遗产和教训

Charles T. Call, Jeffrey T. Hallock
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引用次数: 10

摘要

危地马拉反对有罪不罚现象国际委员会(CICIG)是一项创新努力,旨在遏制对民主统治的犯罪威胁,并加强与主要技术援助模式不同的国家能力。这个由联合国支持的“混合型”特派团通过以条约为基础的国际权威机构开展工作,通过危地马拉的法律和法院,将国际和国家能力结合起来。该委员会成功地调查并帮助起诉了多名危地马拉高级官员、前军官和商界精英。这些调查引发了2015年的“危地马拉之春”(guatemala Spring)中罢免现任总统和副总统的反腐抗议活动。CICIG的调查导致了涉及70多个非法网络的120起案件中的1,540起起诉。特派团向危地马拉人民表明,法治甚至可以适用于最强大的国家,具有深远的政治影响,并有助于提高总检察长办公室的效率。然而,当该任务在运行了12年后于2019年结束时,一团阴云笼罩着它的遗产。随着CICIG案件牵涉到越来越多的顶级商人、官员和政党,经济和政治精英们发起了一场反对CICIG的媒体运动,并雇佣了游说者,以削弱两党对该行动最大的资金支持者美国的强大支持。2015年凭借反腐纲领当选的总统吉米·莫拉莱斯(Jimmy Morales)在他的兄弟和儿子被起诉后,转而反对该委员会。莫拉莱斯及其盟友谴责该委员会侵犯国家主权,赢得了特朗普政府的一些支持。然而在最后几年,CICIG在民意调查中的支持率从未低于70%。CICIG留下了一笔复杂的遗产,它既激励了厌倦了的危地马拉公民站出来反对腐败官员,也激励了以前的政敌围绕着委员会的共同威胁。本报告评估CICIG的历史,以分析其对危地马拉政治生活的影响,并为未来的混合反有罪不罚任务吸取教训。
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Too Much Success? The Legacy and Lessons of the International Commission Against Impunity in Guatemala
The International Commission Against Impunity in Guatemala (CICIG) represents an innovative effort to curb criminal threats to democratic rule and to strengthen state capacity that diverged from the dominant mode of technical assistance. Working through treaty-based international authority, this “hybrid” U.N.-backed mission combined international and national capacities working through Guatemalan laws and courts. The Commission successfully investigated and helped prosecute multiple high-ranking Guatemalan officials, ex-military officers and business elites. Those investigations precipitated anti-corruption protests that ousted the sitting president and vice president in the “Guatemalan Spring” of 2015. CICIG investigations led to 1,540 indictments in 120 cases involving over 70 illicit networks. The mission showed Guatemalans that the rule of law can be applied even to the most powerful, had far-reaching political impact, and contributed to the effectiveness of the Attorney-General’s office.

Yet by the time the mission closed in 2019 after twelve years of operation, a cloud hung over its legacy. As CICIG’s cases ensnared an expanding array of top businessmen, officials and political parties, economic and political elites launched an anti-CICIG media campaign and hired lobbyists to undermine what had been strong bipartisan support for the mission’s biggest financial backer, the United States. President Jimmy Morales, elected on an anti-corruption platform in 2015, turned against the Commission after his brother and son were indicted. Morales and his allies won some support from the Trump administration in decrying the Commission as a violation of national sovereignty. Yet during its final years, CICIG’s support in public opinion polls never fell below 70%.

Leaving behind a complex legacy, CICIG both inspired a jaded Guatemalan citizenry to stand up to corrupt officials and galvanized former political enemies around the common perceived threat of the Commission. This report evaluates the history of CICIG to analyze its impact on Guatemalan political life and to draw lessons for future hybrid anti-impunity missions.
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