Last Thursday, Vamos deputies included, in first reading, the anti-gang initiative, a project presented by former president Alejandro Giammattei, at the beginning of his administration in 2020. The pro-government deputies are once morest the proposal since they consider that this measure does not solve in depth the problem that both gangs generate.
In fact, they defend their positions, because they assure that, from the first day of Bernardo Arévalo’s government, the head of the Ministry of the Interior (Mingob), Francisco Jiménez, launched the Special Group Against Extortion (GECE) and has weekly requisitioned the prisons of the country.
Deputies who were elected by the Semilla Movement, such as Elena Motta, stated that 70 percent of extortion calls come out of prison and that is where the actions should focus.
The project originally would add an article to the Penal Code to classify the members of the B18 and the MS13 as terrorists. However, the deputies made modifications to the articles and included the figure of the “maras” in the Law once morest Organized Crime and the Penal Code.
The object of the project was “to establish a regime for frontal combat once morest the criminal activities of organized crime groups known as maras, gangs or whatever their name.”
Without now classifying them as terrorists, the deputies included in this initiative the maras and gangs within the Law once morest Organized Crime and requests sentences of up to 20 years in prison for those who join them.
In addition, they involve changes to the Penal Code to penalize extortion, intimidation and all those crimes that are committed by gangs.
A new law
“From that perspective – the one proposed by the deputies now – it is the pertinent thing, but a specific law can be made that criminalizes gangs as organized crime structures and not just a reform, it would be the best,” Morales explained.
According to Morales, “it is not just that people who believe they know the phenomenon – of gangs – legislate for the social situation caused by these criminal groups, but it goes further.”
In the opinion of the deputy section prosecutor, “technical meetings should have been held with sectors of society involved in the investigation and work once morest these criminal structures.”
“The tables are very necessary for the actors to propose and reach specific objectives that have a positive impact on the phenomenon of maras and gangs,” says Morales.
Regarding the law once morest organized crime, Morales explained that now on the issue of gangs “it is inoperative.”
“First of all, because it has many legal loopholes that are taken advantage of by criminal groups, it is very general and must be specific,” he said.
He adds that they “must be criminalized and recognized as organized crime structures to be operational and in that sense it will help in the frontal combat once morest them,” he said.
Penal populism
The unfortunate thing, says Asturias, is that they are “political parties that have already governed and that have not cared regarding the safety of the people.”
“They want to show that they are concerned regarding security, but it is the wrong approach. That is why it is clear that the Minister of the Interior and President Bernardo Arévalo are going to reject it,” she argues.
But the Law Against Organized Crime is already applicable to gangs, for example in the crimes of illicit association and conspiracy. Additionally, special investigation methods are also applicable to them and the crimes they normally commit are serious with penalties of imprisonment of 6 years and up, summarized the former Minister of the Interior, Francisco Rivas.
“For me it is a mistake to classify gang members as terrorists, because in their criminal actions they have never sought to commit crimes once morest public order, democracy or the State, contrary to the rapporteurs who have attacked democracy and the will of the people. of Guatemala when they tried not to recognize the electoral results,” said Rivas.
The numbers
At the end of Giammattei’s mandate, extortions, committed by MS13 and B18 gang members, as well as “Imitators”, exceeded those of Jimmy Morales’ government in 2019 by more than 4,000.
Figures from the Center for National Research and Studies (Cien) reveal that in 2023 there was a considerable increase in reports of extortion in the country.
There were “18,100 complaints, which makes a rate of 102.8 per 100,000 inhabitants throughout the national territory,” according to Cien.
On average, according to this think tank, “50 extortions were reported daily in 2023.”
This, according to historical data, exceeded 2022, which was 14,725 complaints.
“Between 2022 and 2023 there were 3,370 more complaints and the rate increased 18 points, from 85 to almost 103,” according to Cien.
Reports of extortion remained at pre-Covid-19 pandemic levels. For example, the last year of Jimmy Morales’ government the number of complaints was 14,714.
At the beginning of the Giammattei government, in 2020, and which ultimately had five Ministers of the Interior, complaints were 13,031 and a year later they increased to 13,290.
The initiative includes gangs as part of organized criminal groups or criminal organizations, as established in article 2 of the Law once morest Organized Crime. It indicates that whoever joins them will be punished with a sentence of up to 20 years in prison.
The project will also confidentially protect the information of undercover agents who investigate criminal groups. This will cover five years following completing your undercover mission.
In the Penal Code, gangs or criminal groups are classified as those who commit the crimes of coercion, threats, aggravated usurpation, extortion, public intimidation and illegal groups.
In addition, inter-institutional tables are created for “frontal combat once morest gang activities and prevention of the gang phenomenon.”
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