Central America / Politics

“Arévalo’s every action faces prosecutors’ arbitrary scrutiny”

Noe Pérez
Noe Pérez

Wednesday, August 28, 2024
Yuliana Ramazzini

Leer en español

Last week, Attorney General Consuelo Porras requested for the sixth time, with characteristic audacity and scarce evidence, that Congress strip Guatemalan President Bernardo Arévalo’s immunity. But in recent months a parallel crisis of the president’s own making has smoldered: His communication has been passive, creating a disconnect with the public and kindling intense public debates among supporters and detractors alike over whether the administration, which struggled to form a government and has seemed to improvise, is capable of governing a state that was plundered by recent governments.

In this interview with El Faro English in the National Palace of Culture, Santiago Palomo, the administration’s chief spokesperson who in July was pulled from his post as anti-corruption commissioner to fix the communications problems, responds to the criticism: “A government that has generated so many expectations in a historic moment of the country requires a robust communication policy, and these first months were a learning curve,” he asserts, adding that the administration must, in his view, do better at letting “the population know what is being done.”

The comings and goings of Arévalo’s cabinet have been another symptom of internal strife: Environment Minister María José Iturbide and Infrastructure Minister Jazmín de la Vega were both dismissed after the president publicly noted possible acts of corruption. Health Minister Óscar Cordón, reportedly unprepared for the post, resigned last month, citing personal health challenges. Minister of Energy and Mines Anayté Guardado stepped aside before inauguration due to political stress. Palomo’s predecessor, veteran journalist Haroldo Sánchez, left after months of criticism for failure or sluggishness in responding to press inquiries.

Palomo, one of the president’s confidants, is now one of the multiple top officials whom the Public Prosecutor’s Office is seeking to charge —just weeks into his tenure— for alleged abuse of authority. “I was summoned in [criminal] cases that were presented on the basis of Twitter screenshots… Every action of this government is subject to prosecutors’ arbitrary scrutiny,” he denounces. “We have presented more than 130 complaints of serious cases of corruption to the Public Prosecutor's Office, with documentary evidence,” he reveals, “and yet they instead insist on attacking people who are uncomfortable for them.”

You were the government's anti-corruption commissioner, a key post in a new government, in charge of President Arévalo's main campaign promise. Why did you leave that post only six months into Arévalo’s administration to assume a seemingly lower position, the Secretariat of Communication?
I didn't leave. I was appointed to the Secretariat which, in administrative and structural terms, has a higher rank at the cabinet level. President Arévalo invited me to attend to one of the main challenges of his government, which is the strengthening of the communications strategy. Communication is linked to the transversal axis of the fight against corruption.

But what is the political reason you were given that task?
The political reason is to address an area in which there was a need. A government that has generated so many expectations in a historic moment of the country requires a robust communication policy and these first months were a learning curve in which the president determined that a professional profile like mine was needed. I worked for almost three years in communications for the Constitutional Court and I believe that my youth was also a necessary element to energize the Secretariat of Social Communication of the Presidency.

Many people pointed out that you had a suitable profile to lead the National Anti-Corruption Commission. What does it mean to you to have left that position?
In spite of the short period of time that I was in the Commission, we evidenced the importance of addressing the main challenge that the Guatemalan government faces today: state capture by political mafia networks. We filed more than 105 complaints by the different ministries and secretariats of the Executive Branch, created a portal with these corruption cases and developed policies that contribute to the main objective of the electoral campaign: to make public administration transparent and accountable. A code of ethics for the Executive Branch was approved, with probity units that all ministries and secretariats have already implemented. Working with the president, you go wherever he believes you create the most value. The Secretariat of Communication is a fundamental engine for the success of the government.

The investigations against the president, the vice-president, other officials and the official party are still ongoing. Could Attorney General Consuelo Porras succeed in removing the president from office?
She will not succeed. We have no doubt that Consuelo Porras and her cabal of criminals will fail in their objective to remove the president from office and weaken his government. She is an anti-democratic actor sanctioned by more than 40 countries. It was the support of the population that allowed a healthy democratic transition. We are concerned by a systematic pattern of attacking government officials, myself included, but we will not stop at restoring confidence in public institutions, particularly the justice system. We will also seek the accountability of the attorney general and a transition in the Public Prosecutor’s Office, a key institution for the functioning of the state.

What “cabal” are you referring to?
It is clear to everyone that there is a pact of political and institutional actors and other sectors who refuse to allow this country to undergo the great transformation that the population wants: development, prosperity, and decent public services.

But specifically who? Now that you are in the administration, you must have more knowledge about that.
The usual actors who are constantly taking action against us. 

Can you give names?
People associated with the previous government: the legislative bloc of [Alejandro Giammattei’s] Vamos party which, after every action taken by the government, takes legal action against us, despite the fact that it has no credibility, because the state is in a critical condition due to their insatiable thirst for stealing. People close to the attorney general, such as her secretary general, Ángel Pineda, actors also within the Judicial Branch who, as the Inter-American Commission on Human Rights itself has indicated, have taken systematic actions to criminalize human rights defenders, journalists, government officials, and people who have fought against corruption.

From the Judicial Branch, are you referring to a judge?
There are judges who have shown that they are aligned with this effort.

Someone specific?
As Juan Gabriel said: “Lo que se ve no se pregunta.” Don’t ask about what is in plain sight.

Perhaps you could give us some names.
The actions of Judge Fredy Orellana [against the electoral results], whose rulings have completely violated the Constitution. He has not guaranteed the due process rights of the people implicated in several of the cases under his charge. He still maintains the illegal suspension of the party [Semilla] despite the fact that the Constitution itself and the Electoral and Political Parties Law protects its nature and functioning. 

What new information has the presidency received about the course of investigations against high-ranking officials and party members?
They have sealed all information to prevent the people subject to these actions from having access to the case file and exercising their legal rights. Two weeks ago, the Public Prosecutor's Office mentioned me in a press conference. The prosecutor's office in charge, the FECI [Special Prosecutor’s Office Against Impunity], lifted the gag order from the case against the political party Movimiento Semilla for a matter of two hours in order to be able to give the conference. They accused me of obstructing the investigation into Semilla, when what has been done from the Presidency is to point out something that was confirmed by the president of the Supreme Electoral Tribunal: prosecutor’s confiscation of ballots was illegal. There is an arbitrary use of criminal law against those whom they consider as their political enemies. Yesterday [August 22] we saw the news on social media that the legal representatives of Semilla do not have access to the judicial file in which their party is suspended, and several of their members have been criminalized, most recently Ligia Hernández.

Has the pressure of facing these accusations and having to measure every step made it difficult for you to create and execute a national agenda?
They are an obstacle to developing an agenda. This government has two objectives: to recover the historically co-opted institutions and to develop policies for the benefit of the people of Guatemala. We face systematic hindering by the Public Prosecutor’s Office. Every action of this government is subject to prosecutors’ arbitrary scrutiny. When this government files complaints about concrete acts of corruption, they have the same outcome: they lull justice to sleep.

A few months ago, a bridge in Jutiapa collapsed. The government rebuilt it, but a false narrative was created about President Bukele having been the one to fix it. This government rebuilt it, and two days later the MP requested information about who had built it. Also on the issue of our recent budget extension: They illegally and arbitrarily tried to raid the offices of Minister of Finance Jonathan Menkos. In spite of this, the extension was approved. There is indeed the possibility of building a governance agenda.

[On Monday, August 26, three days after Palomo granted this interview, the Constitutional Court overruled the budget expansion, citing alleged violations of parliamentary protocol. The next day, Congress again approved the expansion, but legal challenges may continue. Palomo did not respond to a request for comment on the high court ruling.]

Until January 14, Semilla did not know if they would be able to take office. Arévalo spent the whole transition defending himself, the administration could not staff the cabinet until the last minute, and they had to replace several ministers and secretaries... To what extent have the first six months of the Arevalo government been improvised?
No, I wouldn't say we have improvised. We must put this in context: It was an extremely rocky transition, with a coup effort by the actors I have already mentioned. The first months of any government are intense. There is always a learning curve, whether in Ecuador, Chile, or Spain — particularly in states that still have weak institutions. We must aspire to have better institutions that allow us to improve the transitions.

Four days before inauguration, the Minister of Energy and Mines, Anayté Guardado, resigned and had to be replaced in a matter of hours. In April, the head of Environment, María José Iturbide, was dismissed: first Arévalo said she would not be fired but, two days later, he reversed course. Isn't that improvisation?
I don't see it as improvisation, but rather as part of the natural cycle of public administration. We have seen governments that change completely after a year. Michelle Bachelet, in Chile, replaced almost her entire cabinet. We have seen it in past Guatemalan governments in their first months. Running the state is a constant and variable activity due to political factors out of your control, and decisions must be made to strengthen strategic objectives.

In July 2024, Santiago Palomo was switched from his post as head of the National Anti-Corruption Commission, a body key to President Bernardo Arévalo
In July 2024, Santiago Palomo was switched from his post as head of the National Anti-Corruption Commission, a body key to President Bernardo Arévalo's political agenda, to quell monthslong public messaging frictions as the administration's top spokesperson, as Secretary of Social Communications. Photo courtesy of the Office of the Presidency.

The Public Prosecutor's Office is also seeking to withdraw your immunity. You have said that they are acting with “suspicious agility” against you. What do you mean?
We have presented more than 130 complaints of serious cases of corruption to the Public Prosecutor's Office, with documentary evidence, and yet they instead insist on attacking people who are uncomfortable for them. When I was still commissioner and did not enjoy the right of impeachment proceedings prior to prosecution, I was summoned in cases that were presented on the basis of Twitter screenshots. Not long ago, the Public Prosecutor's Office filed to revoke the immunity of the secretary-general of the Presidency, Juan Gerardo Guerrero, in an investigation relating to the Workers’ Bank [Bantrab], but until today they have not done a single diligence around the illegal appointment of Jorge Mondal to the presidency of Bantrab, given that he lacked the qualities established by law and certified by the Superintendency of Banks. The Public Prosecutor's Office is focusing its attention on attacking the public official who was precisely seeking to recover a key institution of the financial system that has also been the target of these political-mafia networks.

By appointing you to this position, are they seeking to offer you more legal protection?
Not at all.

You have accused the Attorney General of leaving corrupt actors in impunity. Who?
I already mentioned the 130 complaints filed.

Any names of those 130?
There are the complaints against actors of the previous government, such as former ministers and directors, like in the case of the Sputnik vaccines [against Covid-19]. There is not a single official of the previous government that has been the target of this onslaught by the Public Prosecutor's Office, whereas we officials of the current government are constantly being targeted. This week they filed a request to revoke President Arévalo’s right to impeachment.

Can you cite another case apart from the Sputnik vaccines?
The case of the Ministry of Communications and Infrastructure: the former minister [Javier Maldonado] has been accused in about twenty cases. But have we seen any public action where the MP demonstrates its commitment to seriously investigate those complaints?

A portion of Arévalo's base thinks that Attorney General Consuelo Porras has cornered the administration. Has Porras been a skilled political operator?
Consuelo Porras uses fear, threats and harassment to pursue an anti-democratic agenda. No one is cornered here. If anything, I believe that the MP, with its own actions, demonstrates its desperation and cornering.

Who is behind the attorney general? You mentioned a pact.
Those behind her are the same people I already mentioned: the actors who constantly seek to destabilize us.

Do you know anything more about the conspiracies to kill Arévalo that the MP itself reported to the president-elect last year, before the second round of elections?
I don't have more information. The Public Prosecutor’s Office should be doing the work to get to the bottom of that.

You have no information on those who planned to kill the now-president?
I’m not the president's personal lawyer, and I think he should answer that question.

Jose Zamora, the son of imprisoned publisher Jose Rubén Zamora, says that there should be no negotiation with those who have corrupted the justice system in Guatemala. Do you agree? Among Arévalo’s own supporters, there are those who accuse him of not being tough enough when confronting his political adversaries.
You cannot negotiate with actors with coup intentions. The people of Guatemala demonstrated a strong message at the ballot boxes: to fight against these political mafias. We know that there are actors within this scheme who are aware of this challenge and that is why we will work with all those who have a real commitment to democracy and the fight against corruption.

What would the government be willing to negotiate?
We are going to negotiate a governing agenda for the benefit of the people of Guatemala. Clearly there are actors from different contexts, representing ideological party lines or economic actors. With them, we are not going to agree on everything, but we do believe that we can build a minimum governing agenda, particularly because the main challenges facing this country are institutional.

Returning to the budget extension: the government obtained it from a Congress that, weeks ago, criticized the government's unwillingness to dialogue. What negotiations led to this agreement?
The budget readjustment was necessary to be able to benefit the population, not only at the government level, but also at the local level. It is a historic opportunity to be able to work with the Congress and we consider this a good starting point to build a broader legislative agenda.

In April, before the Congress’ recess, legislators refused to even attend a vote on the president's proposal to reform the Organic Law of the Public Prosecutor's Office, which proposes to return to the president broader power to remove the AG. Have negotiations on this issue continued, or do you consider it lost?
No, in no way is it lost. The president presented the initiative, and he has stated that it is necessary to make the Public Prosecutor's Office accountable. We are confident that the Congress will analyze this bill and that it will be approved in due time.

Is the government actively working toward this proposal or are they busy with other tasks?
We are promoting a broader legislative agenda to advance governance.

Apart from your insistence on consolidating your alliance with Indigenous movements, how have you sought to improve your relationship with political actors outside of your party, especially mayors and legislators? Give me examples.
There has been a permanent process of dialogue with different actors in society, not only with the Indigenous leaders. The president has traveled the country to meet the mayors and hold a transparent dialogue and understand what the needs are. This dialogue extends to the private sector to generate alliances in fundamental strategic issues, such as road infrastructure, ports, airports, and a sustainable economic development agenda with a vision of how to address the social gaps that affect our population. This process is fundamental to the identity of the Arévalo and Herrera government and is historic, particularly with regard to Indigenous leaders: attending to this group, after years of exclusion, which is fundamental to jointly build a state agenda.

What is your relationship with the organized private sector?
There have been systematic and constant gatherings, and that will continue.

In the first months of the government, the president was criticized for the frequency of his international trips. Why is there not a perception of closeness with local actors?
I disagree. Every week we travel outside of the capital to understand the needs of the population and to explain the concrete actions that the government is taking. The president also has a very important role in maintaining international relations, which were abandoned due to the lack of international confidence in our leadership.

What have been the political consequences of the administration’s  early communicational weaknesses?
It has been a learning process. As we combine the government's objectives with a strategic communications policy, we will achieve greater effectiveness so that the population knows what is being done. They will also understand the context in which we took office: we received a state in ruins and, in spite of that, we are moving forward with concrete measures to address years of institutional neglect.

How do you plan to strengthen the government's image, counteract the idea that this is a reactive government, chained to circumstance, and even at risk of not finishing the term? Even part of your voters say that the government does not execute.
No, this is not true. The execution levels are higher than what previous governments had in their first year. Now we have a great challenge to execute the funds from the budget readjustment, and we will be successful as long as we can communicate the actions taken day by day to provide better public services.

Do you have a plan to achieve communication of these plans and execution?
Yes, we have a plan to communicate the programs and actions directed to the funds of the budget readjustment. They will be reflected in the different government platforms, as well as in the other communication tools we have available.


Correction at 1:05 a.m. ET on August 29: A previous version of this article misquoted Palomo as stating that the Arévalo administration filed criminal complaints against former Infrastructure Minister Jazmín de la Vega (January-May 2024), when in fact he was referring to her predecessor, Infrastructure Minister Javier Maldonado (July 2021-January 2024).

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