Tackling Violence and Organized Crime
CENTRAL AMERICA MONITOR:
EVALUATING PROGRESS
Central America’s Northern Triangle region is struggling with violence, corruption and impunity.
Scroll for the key findings or to find links to download the full reports under each area of progress.
Evaluating progress in Central America
As Guatemala, El Salvador, and Honduras struggle with high levels of violence and insecurity, systemic corruption, and widespread impunity, it’s critical that we find ways to assess how the policies and strategies being implemented in the region are contributing to the strengthening of the rule of law, improving transparency and accountability, and to reducing violence and insecurity. Using a comprehensive series of indicators, the Central American Monitor aims to measure progress and identify trends over time in eight key areas directly relevant to rule of law and security, thus providing critical information that can inform policies and strategic investments in the region.
The Washington Office on Latin America (WOLA), the Myrna Mack Foundation (FMM) of Guatemala, the University Institute for Public Opinion (Iudop) of the José Simeón Cañas Central American University (UCA) of El Salvador, the University Institute on Democracy, Peace and Security (IUDPAS) of the National Autonomous University of Honduras (UNAH) have developed a series of qualitative and quantitative indicators to evaluate progress in Central America in eight key areas.
Tackling Violence and Organized Crime
Areas of progress
1.
National Law in Accordance with International Standards
El Salvador has adopted comprehensive specialized criminal legislation to combat violence and organized crime. Between 2014 and 2017, two new laws were enacted. The Special Law against Human Trafficking went into effect in 2016 and established an institutional protection structure, defined the functions of security and justice institutions in this area, and determined budget allocations for them.
The Special Law against Extortion, approved in 2015, defined types of crimes and additional procedural guidelines, and included extensive regulation on the use of telecommunications for investigating and prosecuting crimes of extortion.
However, despite this broad legislation, the legislative process does not follow a comprehensive analysis of the different forms of violence that affects the public. Rather, it appears that they are the result of isolated legislative efforts to bring about swift responses to crime.
The Special Law against Extortion, approved in 2015, defined types of crimes and additional procedural guidelines, and included extensive regulation on the use of telecommunications for investigating and prosecuting crimes of extortion.
However, despite this broad legislation, the legislative process does not follow a comprehensive analysis of the different forms of violence that affects the public. Rather, it appears that they are the result of isolated legislative efforts to bring about swift responses to crime.
Tackling Violence and Organized Crime
Areas of progress
2.
Investigative Capacity and Prosecution of Criminal Networks and Organized Crime
El Salvador has an institutional structure to carry out investigations and prosecute criminal acts related to violence and organized crime. This structure includes 12 special units within the National Civilian Police (PNC) and six special units in the Office of the Prosecutor General of the Republic (FGR), of which the majority are related to crimes defined by the special laws against human trafficking and extortion. The Judiciary also has specialized courts. The first one, created in 2007, deals with organized crime and complex offences. The second, created in 2014, oversees matters of asset recovery and forfeiture. By the end of the 2017, the latter was still not fully implemented. In 2016, a special court was created to attend to crimes of violence and discrimination against women. These courts became operational in late 2017.
Of the three entities analyzed, the FGR reports having had the most qualified personnel, increasing from 69 attorneys in 2015 to 75 in 2017.
The establishment of these specialized courts is an effort to guide resources and capacities to streamline criminal processes that are of special interest. Despite these efforts, there were obstacles associated with a lack of judicial independence, poor prosecutorial work, and lack of capacity among courts to expand investigations and, in turn, effectively prosecute cases.
Of the three entities analyzed, the FGR reports having had the most qualified personnel, increasing from 69 attorneys in 2015 to 75 in 2017.
The establishment of these specialized courts is an effort to guide resources and capacities to streamline criminal processes that are of special interest. Despite these efforts, there were obstacles associated with a lack of judicial independence, poor prosecutorial work, and lack of capacity among courts to expand investigations and, in turn, effectively prosecute cases.
Tackling Violence and Organized Crime
Areas of progress
3.
Effectiveness of Investigations of Criminal Networks and Organized Crime
The following table highlights the type of offense of organized crime, among which those related to threats registered the highest number of admitted cases (61,810), followed by those related to homicide (31,519 cases), drug-related crimes (20,032), and kidnapping and deprivation of liberty (14,015). Notably, there was a high number of admitted cases that were later archived provisionally or definitively—some 9 out of 10 cases for threats and nearly 9 out of 10 cases for kidnapping and deprivation of liberty. Similarly, 8 out of every 10 cases of homicide were archived and three quarters of drug cases were closed. The cases of extortion and drugs registered the highest percentage of prosecuted cases that ended with a conviction. In extortion cases, 66.6 percent of prosecutions resulted in a conviction.
When it comes to compiling and reporting information on sentences disaggregated by types of crime, difficulties involving statistical output persist within the Judiciary. This is mainly due to delays in the processing of information in judicial offices.
When it comes to compiling and reporting information on sentences disaggregated by types of crime, difficulties involving statistical output persist within the Judiciary. This is mainly due to delays in the processing of information in judicial offices.
GLOSSARY
The Washington Office on Latin America (WOLA), the Myrna Mack Foundation (FMM) of Guatemala, the University Institute for Public Opinion (Iudop) of the José Simeón Cañas Central American University (UCA) of El Salvador, the University Institute on Democracy, Peace and Security (IUDPAS) of the National Autonomous University of Honduras (UNAH) have developed a series of indicators to assess the progress in Central America in eight key areas. That progress will reflect both the commitment of Central American governments and the effectiveness of international assistance. The indicators include a combination of quantitative data and qualitative analysis in order to gain a more in-depth understanding of the changes taking place in each country. Data sources include official documents and statistics, surveys, interviews, and reviews of existing laws and regulations that will be systematically compiled.
WOLA, the Myrna Mack Foundation, Iudop, and IUDPAS developed these indicators in a months-long process that included review of international standards, consultation with experts, and consensus among all partners about the key issues to address.
Our goal is to provide an instrument that can help identify the areas of progress and opportunities for improvement shortfalls for of the policies and strategies being implemented on the ground in a form that is useful for policymakers, donors, academics, and the public. At the same time, we hope to provide analysis that can contribute to the evaluation of trends over time both within and between the countries of the Northern Triangle.
1
Strengthening the Capacity and Independence of Justice Systems
Capacity of the Justice System: Number of criminal justice officials, geographical coverage, workload, effectiveness, and public trust.
Internal Independence: Existence and implementation of a public, merit-based selection process free from external influence, a results-based evaluation system, and an effective disciplinary system.
External Independence: Size of budget allocated for the judicial sector and implementation of national and international protection measures for justice officials.
2
Cooperation with Anti-Impunity Commissions
Political Will and Level of Collaboration: Commitment of the state to collaborate and enable the work of the CICIG in Guatemala and the MACCIH in Honduras, demonstrated by the progress of emblematic cases, the approval of legislative reforms, and support for domestic counterparts working with these commissions.
3
Combating Corruption
Level of Public Trust: Degree of public trust in state institutions involved in efforts to prevent, identify, investigate, and punish corruption.
Scope and Implementation of Legislation to Combat Corruption: Classification of new crimes in criminal codes and reforms of existing anti-corruption laws to adhere to international standards.
Advancements in Criminal Investigations: Number of corruption cases filed, prosecuted, and resolved, as well as the progress made in emblematic cases.
Functioning of Oversight Bodies: Existence and capacity of external oversight bodies or agencies to combat corruption.
4
Tackling Violence and Organized Crime
Capacity Building: Existence and functioning of specialized anti-organized crime units, application of scientific and technical investigative methods, and functioning of judges or tribunals dedicated to the prosecution of organized crime
Advances in Criminal Investigations: The number of organized crime-related cases filed, prosecuted, and resolved, as well as the progress made in emblematic cases.
Crime Reduction: Convictions for homicides, extortion, and against criminal networks, as well as a reduction in serious and violent crimes.
5
Strengthening Civilian Police Forces
Functioning of Police Career Systems: Existence and effectiveness of police recruitment and promotion mechanisms, training processes, and disciplinary systems, as well as the structure of police bodies.
Allocation and Use of Budgetary Resources: Allocation and effective use of public funds and percentage designated for the wellbeing of members of the civilian police forces.
Community Relations: Public trust in the police, police-community relations, and relations with indigenous authorities.
6
Limiting the Role of the Armed Forces in Public Security Activities
Development and Implementation of a Concrete Plan: The design and implementation of a publicly accessible and verifiable plan with goals, timelines, activities, and clearly established indicators; repeal of legal norms authorizing participation of armed forces in public security, and access to information regarding payroll and assigned resources.
Conduct of Military Forces: Complaints, accusations, and sentences regarding human rights violations perpetrated by members of the armed forces and the level of public trust in the armed forces.
7
Protecting Human Rights
Investigation and Conviction of Human Rights Violations: Existence and functioning of specialized investigative units, number of complaints, prosecutions, and convictions, handling of emblematic cases, and degree of security forces’ collaboration with investigations.
Protection Mechanisms: Structure and functioning of domestic protection mechanisms and implementation of international protection measures for human rights defenders who have been victims of attacks or threats.
Hate Speech: Analysis of attacks and smear or defamation campaigns against human rights defenders.
8
Improving Transparency
Scope and Implementation of the ‘Law of Access to Public Information’: Type of information categorized as restricted or of limited access, period of classification, availability and quality of statistics related to security and justice, information requests granted and denied, and related fees.
Budget and Spending Transparency: Access to public information on budget allocations and spending on security, justice, and defense.
Disclosure of Public Officials’ Statement of Assets: Level of official compliance with disclosure norms, and the degree to which such statements are made available to the public.
METHODOLOGY
The Central America Monitor is based on the premise that accurate, objective, and complete data and information are necessary to reduce the high levels of violence and insecurity, and establish rule of law and governance in a democratic state. This will allow efforts to move beyond abstract discussions of reform to specific measures of change.
The Monitor is based on a series of more than 100 quantitative and qualitative indicators that allow a more profound level of analysis of the successes or setbacks made in eight key areas in each of the three countries. More than a comprehensive list, the indicators seek to identify a way to examine and assess the level of progress of the three countries in strengthening the rule of law and democratic institutions. The indicators seek to identify the main challenges in each of the selected areas and examine how institutions are (or are not) being strengthened over time. The Monitor uses information from different sources, including official documents and statistics, surveys, interviews, information from emblematic cases, and analysis of existing laws and regulations.
The indicators were developed over several months in a process that included an extensive review of international standards and consultation with experts. The eight areas analyzed by the Monitor include: