In the Realm of Impunity

Peace and prosperity cannot exist in a society detached from the moral rule that dictates "he who does wrong, pays for it." The effectiveness of a legal system hinges on its coercibility – the willingness to enforce its mandates and punish offenders. A law that goes unenforced, regardless of its legitimacy, becomes mere dead letter.

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he who does wrong, pays for it

However, the article contends that in Guatemala, arbitrariness, despotism, and criminalization prevail, encapsulated by the phrase attributed to Benito Juárez: "For friends, justice and grace; for enemies, the law as it is." Credibility in the official justice system is described as "pathetically nil," suffering from a triple pathology: lack of access to justice, denial of justice, and pervasive corruption. Furthermore, there appears to be no genuine interest from dominant elites in appointing judges based on meritocracy and equal opportunity.

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For friends, justice and grace; for enemies, the law as it is.

Instead, the intention of those in power is to place their "dependents" in judicial and magisterial roles to serve their particular interests rather than equity. Consequently, independent and impartial justice is not a realistic aspiration for those holding political and economic power. The article quotes José Ingenieros: "No one thinks where everyone profits; no one dreams where everyone swallows."

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pathetically nil

Adding to the crisis, it is an open secret that institutions within the justice sector have been infiltrated by organized crime. This infiltration not only debases the official justice system but also sows anxiety and fear among the population through intimidation, threats, and aggression. The piece concludes that even with appropriate laws, the deficient quality of judges ultimately undermines the entire system.

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No one thinks where everyone profits; no one dreams where everyone swallows.