Institutional Framework of the Public Ministry and Prosecutor's Offices

Prensa Libre, a leading Guatemalan newspaper, offers a commentary on the recent, and described as 'accidented,' process of appointing the new Attorney General (FGR) and head of the Public Ministry (MP). The piece reflects a deep-seated concern within Guatemalan society regarding the integrity and independence of its justice institutions, particularly the MP, which is constitutionally mandated to uphold the law.

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The Public Ministry is an auxiliary institution of public administration and the courts with autonomous functions, whose main purpose is to ensure the strict fulfillment of the laws.

The author, writing from a perspective that values institutional strength and adherence to the rule of law, clarifies the distinct roles of the MP and the FGR. The commentary critiques past interpretations by the Constitutional Court (CC) that blurred these lines, asserting that the FGR, not the MP, is solely responsible for initiating public criminal action. This distinction is crucial for understanding the hierarchical and functional structure of Guatemala's prosecutorial system.

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The exercise of public criminal action, that is, criminal investigation and prosecution, is the prerogative of the FGR and not the MP, as the CC has mistakenly held.

From a Guatemalan viewpoint, the stability and proper functioning of the MP are paramount. The country has a history of political interference and corruption impacting judicial bodies, making the appointment and conduct of the FGR a matter of significant public interest. Prensa Libre, in this context, acts as a voice of civic conscience, reminding the newly appointed officials of their constitutional duties and the principles they must uphold. The article emphasizes that justice must be impartial, rejecting selective application of the law ('for my friends, nothing; for my enemies, the law').

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It is the duty of the State to guarantee the inhabitants (...) justice (...), therefore it is illegitimate to resort to selective justice, which is based on 'for my friends, nothing; for my enemies, the law'.

The piece also touches upon the broader implications for citizens' rights, referencing the presumption of innocence and the freedom of expression. By highlighting these fundamental rights and constitutional mandates, Prensa Libre underscores the expectation that the MP will serve as a bulwark against impunity and arbitrary power, rather than a tool for political persecution. The commentary serves as a public admonishment and a set of guiding principles for the new leadership, reflecting a desire for a more just and accountable system.

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Every person is innocent until declared judicially responsible by a duly executed sentence.