Ebal Diaz: "We've already contained the corruption"

Large Torchlight Marches (Marchas de las Antorchas) have been going on every night in different cities in Honduras for at least the last three weeks.

Participants have called for three things: an end to impunity, the establishment of an International Commission against Impunity, and the resignation of Juan Orlando Hernández, President of Honduras, due to corruption in his election campaign.

The Partido Nacional has admitted that the election of Hernández was funded in part by resources diverted from the IHSS. Nonetheless, both the party, and the government it controls, are against Honduras calling for an International Commission against Impunity.

That's the word from Ebal Diaz, a Honduran presidential advisor.

These commissions, organized by the UN, have been effective in other countries where they've been formed, such as Guatemala.

Honduras doesn't need one because, according to Diaz, "We've already contained the corruption." 

Diaz goes further, calling the Guatemala commission ineffective. He relates that it has cost $150 million over its seven year life, and successfully brought and prosecuted only four cases of corruption or impunity. 

Diaz said:

"Is this an alternative for the country?  There are the numbers; they're not something we invented.  So the Honduran people need justice...When?  In three years?  In 5 years? or now?  We're looking for solutions now by strengthening our [government] institutions."

Diaz suggests the government might accelerate its pace of cleaning up corruption and implementing training.

These actions, however, do nothing to capture and prosecute those who perpetrated the crimes, something Diaz fails to address.

The recent Congressional Commission which reviewed a series of corruption cases involving the IHSS, INPREMA, and the IP, and the assassinations of notable government officials like Alfredo Landaverde, was relatively useless.

It served only to confirm what everyone already knows: the Public Prosecutor's office is barely investigating these cases of corruption and impunity, some of which have stretched on for more than seven years in the investigative state. While it might eventually bring charges against those immediately responsible, it likely will not pursue those who planned and directed the crimes. From that perspective, then, even with the "numbers" Diaz cites, a commission like that in Guatemala would be an improvement.

The level of corruption and impunity in Honduras is hard to believe. In fact, even as the Congressional report was being released, the lead on the congressional committee, Mario Perez, was being identified in the Honduran press as a drug trafficker, based on Honduran government documents from 2012.

Impunity reigns in Honduras not because the Public Prosecutor's office is incapable of pursing these crimes. It has been endlessly trained under US and European foreign aid programs in investigation and prosecution of organized crime. 

To pursue these crimes is neither politically expedient, nor good for a prosecutor's longevity.  No government program will address either of these risks.

The previous Prosecutor against corruption, Roberto Ramirez Aldana, who had headed the IHSS investigation from the start, recently took an extended leave to assume a government post as Honduras's Ambassador to UNESCO.  He did so because the Honduran Military Intelligence agency informed him of credible death threats against him and suggested he leave the country.

One of the trails of corruption leads directly to the currently ruling Partido Nacional. But the current Public Prosecutor, Oscar Chinchilla, was appointed by that party, while Juan Orlando Hernandez was the President of Congress, during the presidential term of Porfirio Lobo Sosa.  Chinchilla sets the priorities for the office. He's focusing the department on corruption during José Manuel Zelaya's term as president, largely ignoring more recent corruption that can be linked to his own party.

Arturo Corrales, Honduras' Foreign Minister, has said Honduras will not ask for an International Commission against Corruption from the UN.

Rigoberto Chang Castillo, currently Minister of Justice, the Interior, and Decentralization, went further: he made up a criterion for when such a commission is necessary: "Only when there's a high degree of ingovernability". Chang Castillo claims that "Honduras isn't worthy" of such a designation.  These kinds of commissions, he continued,

"uniquely can be asked for by the government of the Republic when the country is in a state of ingovernability and there is no confidence in the institutions of the State....This is requested when the Judicial system has collapsed."

The irony is, Chang Castillo precisely describes the Honduras that the Torchlight Marchers see.

Fiscal Irresponsibility and the Security Tax

Who would think it was OK to spend 1,800 million lempiras ($90 million dollars) from a fund whose balance is only 500 million lempiras ($25 million dollars)?

That's spending more than 3 times your current balance!

Juan Ferrera, head of the government commission that decides how to spend the income from the security tax, thinks it's OK.  Not only that, but he plans to borrow perhaps 600 million lempiras ($30 million dollars) to cover the shortfall from his commission's irresponsible spending, as short term loans from domestic Honduran banks which will be at high interest rates. He proposes to pay the loans back with the projected income from the security tax in 2014.

The security tax, new in 2012, is a tax on bank transactions intended to pay for additional security efforts in the country in general. After the tax was approved, it was modified by Congress so that in addition to reinforcing security, it could be used to "fortify the finances" of the government. It has been used as a candy jar for everyone's pet idea of how to spend government funds, and ultimately, they spent more than they will take in this year, by a lot.

Ferrera made the astounding admission that his commission, which was set up to make decisions about administering funds from the security tax, has made no decisions.  Instead, he says the decisions were made by the Secretary of Defense and Security (Arturo Corrales), the Supreme Court (Jorge Rivera Aviles), the Public Prosecutor's office (formerly Luis Rubi, now Oscar Fernando Chinchilla), and municipalities. 

Basically, if anyone proposed using funds from the security tax for any old project, it simply was done.  The commission headed by Ferrera totally abdicated its responsibility.

Naturally they overspent. There was no one accountable. 

The biggest winner by far has been the Secretary of Defense and Security, who assigned himself a whopping 716.7 million lempiras ($35.8 million dollars).  This includes paying for both the new Military Police (24.5 million lempiras), and a Police Special Operations Unit (los Tigres), both championed by Juan Orlando Hernandez and approved by the Honduran Congress.  While the Military police unit has started operations, with between 600 and 1000 troops chosen from existing soldiers, the Tigres unit has not even begun organizing itself, despite having been authorized last spring.

The latest proposed charge to the security tax:  800,000 lempiras to electrify the island of Isla Conejo, subject of a dispute with El Salvador.  Ferrera said

"There's no doubt that it's part of our territory and we need to exercise sovereignty in this place and because of that the petition [to electrify the island] was immediately approved....the money is already in the hands of the company that will carry out the project."

Has any of this spending spree made a significant change in the security of the Honduran people?

Not significantly by any of the measures that matter.  The government predicts that the murder rate will be around 80 per 100,000 population, while the National University's Observatory of Violence sees the rate continuing at 85 per 100,000 for the rest of the year, off slightly from its observed rate of 91 per 100,000 in 2012.

More militarization of policing, and intensifying a border dispute with a neighbor over an uninhabited island hardly seems like enough to justify the over-spending and lack of accountability demonstrated.

Honduras Wants A New Public Prosecutor In the Worst Way Possible

Here's how:

Back on June 25, the Public Prosecutor, Luis Rubi, and his deputy Public Prosecutor, Roy Urtecho, resigned from office, to avoid impeachment.  A committee appointed by Congress to investigate the Public Prosecutor's lack of progress on cases had found that prosecutors were complicit with organized crime, taking payoffs, and that a significant part of their budget was spent without accounting records.

The committee reorganized the Prosecutor's office and dismissed a handful of prosecutors. That created a situation where Honduras needed a new Public Prosecutor and deputy Public Prosecutor.

There was a procedure for this, a law spelling out the composition of a nominating committee that involved members of civil society representing churches, universities, and lawyers group.

A few odd things happened on the way to composing the committee. First, Congress hastily revised the composition of the committee, to include a new group, the Alianza por la Paz y Justicia. Then, Roy Urtecho, who had been forced to resign as deputy Public Prosecutor, was appointed by the Lawyer's Association (CAH) as their representative.

Urtecho's appointment gave some committee members pause, but they continued. Rather than debate names and select candidates proposed by members of the committee, they opened the process for self-nomination.  They established a procedure to review nominees that included a lie detector test and psychological evaluation, with failure of either test explicitly supposed to disqualify a candidate. In the end, fifty-one people nominated themselves for the two positions.

Things started to fall apart as soon as the nominations closed. Try to follow the timeline here:

The nominating committee met and disqualified candidates who were not licensed lawyers in Honduras, as well as those who lacked some legal qualification (such as age) to be considered, or whose application was incomplete.

With the announcement that candidates would have to submit to lie detector and psychological tests (the same being used to evaluate police), reportedly many candidates withdrew their names.

Oscar Fernando Chinchilla (Supreme Court Justice) was named as among those failing the psychological test, along with Doris Imelda Madrid, and Lino Tomás Mendoza.  Others signaled by the press as having failed one or the other of the tests include Manuuel Enrique Alvarado, Marco Antonio Zelaya, and Guillermo Escobar Montalván

Only 13 candidates passed both tests and the review of their application:

     1-Ivis Discua Barillas.
     2-María Antonia Navarro.
     3-Gina González.
     4-José Arturo Duarte.
     5-AnÍbal Izaguirre.
     6-Eugenio Edgardo Rivera.
     7-Rolando Argueta.
     8-Jair López.
     9-Mario Salinas.
    10-Rigoberto Cuéllar.
    11-Marcelino Vargas.
    12-Lisandro Sánchez.
    13-German Enamorado.


So the final candidates must be on this list, right?

Not so fast.

Julieta Castellanos, rector of the public university, complains that when Luis Evalin, representative of the private universities, came back after a week out of the country he sought to change the rules agreed to by the other six members of the committee. Evalin missed the meetings where candidates' education was being evaluated.  He also missed all the interviews

When the nominating committee reconvened last Tuesday, after the first round of tests had been administered, to see who had passed and who had failed, Evalin demanded a change in the way candidates were evaluated. He put forward a motion that called for  polygraph evaluations of the twenty candidates who had been eliminated either during review of their resumes, or by failing the psychological tests.

Roy Urtecho seconded the motion, and the nominating committee, perhaps overwhelmed by the small number of individuals remaining in the pool, agreed. Evalin's side prevailed, on a 4-3 vote.

So by Wednesday those who had failed one of the confidence tests were allowed to take the other test, rather than be eliminated. That put Oscar Fernando Chinchilla back into the running, despite having failed the psychological test.

Evalin later told the press, "I represent the 19 private universities, respect them."  Though Evalin was not present and therefore could not know what went on in his absence, he told the press that university faculty with international reputations had been rejected just for faults in their paperwork, and that there had been no interviews.  Evelin argued for using experience rather than the results of tests to evaluate the candidates.

Also on Wednesday, Mauricio Villeda, Liberal Party candidate for president, called on Liberal Party Congressmen to abstain from voting for any candidate coming out of the nominating committee, arguing that the election would be illegal, and should be held after the new Congress is seated next January. If the Liberal Party had followed him, it would have denied the National Party sufficient votes to approve any candidate.  PINU, another minority party in Congress, agreed with his position, as did Libre, which has no congress members currently.

Thursday the Alianza por la Paz y Justicia pulled out of the nominating committee.  Its representative, Carlos Hernandez, said that

"We are not going to participate in a process where they break the rules at the last minute, I don't know what their motivations are, but the rules were established and unfortunately they changed, and if this isn't undone, we won't participate."

Everything was transparent and agreed to up until Monday, according to Hernandez.

The same day, Ramon Custodio, Human Rights Ombudsman,  also pulled out, saying that he would not sully his good name.  Julieta Castellanos also withdrew, echoing Hernandez's call for transparency.  She continued:

"Everything that happened from Tuesday onward, that's the responsibility of four members...We cannot in conditions where there isn't a transparent explanation, of what has happened, continue the participation of the University"

So Thursday, the nominating committee met with three of its members missing (Hernandez, Custodio, and Castellanos).  Present were Jorge Rivera Aviles, Roy Urtecho, Luis Evalin, and Edith Maria Lopez Rivera. They agreed to consider 27 candidates and whittle the list down to 5 names.

Candidates began withdrawing their names from consideration.  Three candidates who had passed both tests withdrew early in the day: Jair Lopez, Jose Arturo Duarte, and Rigoberto Cuellar. Rivera Aviles later told the press that the nominating committee chose to ignore the withdrawal of candidates on Thursday.

By Friday morning, Rivera Aviles, as committee chairman, made it known that the nominating committee had settled on a list of five candidates, but was not releasing the names until later in the day in case any of the committee members who had withdrawn wished to vote their positions, possibly changing the outcome.

Nonetheless the list was leaked to the press from Rivera Aviles' Supreme Court staff:

     Oscar Fernando Chinchilla
     Maria Antonia Navarro
     Rigoberto Cuellar Cruz
     Ivan Discua Barillas
     Rafael Argueta


At that point it became obvious that Chinchilla, Rivera Avile's hand-picked candidate to control the Constitutional branch of the Supreme Court, was going to get the nomination.

The members of the committee who had withdrawn refused to legitimate the procedures used by the rest of the nominating committee. The five candidates selected by the remaining committee members were proposed to Congress on Friday night.  Interviews began the next day.

Saturday, while being presented to Congress for his inverview, Ivan Discua Barillas withdrew his candidacy, saying there was already a "fix" in for Chinchilla.  Addressing Congress, he said to their faces

"I don't have godfathers and I don't want them because I value my abilities; I want to tell you legislators that are here and don't bear the blame.  The decision over who will be Public Prosecutor was taken last night (Friday) at 9 pm by the [National] party leadership; and I tell you with conviction that to that class, Honduras isn't important."

Porfirio Lobo Sosa called Discua's reaction "logical" but dismissed it as political.

To the surprise of no one, Honduras awoke Sunday morning to the announcement that Oscar Fernando Chinchilla had been elected the new Public Prosecutor for a term of five years.

Rigoberto Cuellar was elected as deputy Public Prosecutor, despite having withdrawn his name from consideration on Thursday.

And we are sure that everyone who watched this sausage being made is reassured that the Public Prosecutor's office won't be corrupt this time around.