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Archive for Justice

Life here is one non-stop drama.  The stories people tell, the adventures you experience yourself, and the adventures friends relate to you.   It used to be hard to believe, but I have to admit that I’ve sufficiently adjusted my expectations of things that I can almost predict how a story will end.

This story that Expat Mom blogged about is a great example:

Basically, there was a robbery by the Guate buses. A man was shot. He lived for 4 days, but Luis (my maid’s husband) was said to be the shooter. According to the victim’s (who appears to also have been the one committing the robbery) brother, the victim had said that the shooter came from San Cristobal. Now these guys are actually related somehow, so it didn’t make sense that he didn’t actually name Luis if it was him, but that’s beside the point. The victim’s family was apparently quite upset and when he died, Luis was summoned to the police station to be interrogated. Terrified, my maid called her brother who called a friend who is a lawyer and the three of them accompanied Luis to the police station where the interrogation consisted of the other family screaming at Luis and demanding that he be put in prison immediately. The investigator was in agreement.

Fortunately, the lawyer stepped in at this point and reminded them that they had absolutely nothing to go on apart from the brother claiming that it was Luis, though he hadn’t even been in the area at the time of the shooting. Luis had witnesses (his partner in the market, as well as other guards) that he had been IN the market at the time of crime.

Finally, Luis was allowed to go, after the brother had sworn (in front of the investigating officer) to kill him . . . a slow and painful death. Shortly afterwards, the lawyer examined the paper that they had been given as a summons and told them that it was totally illegal . . . handwritten with no signature. In fact, they shouldn’t have gone to the police station at all! We began to suspect that this was all done for money, if the lawyer hadn’t been there, it’s possible they would have offered Luis a “deal” to keep him out of prison.

They were summoned, legally, this time, to appear before a judge last Friday. My maid asked my advice, saying that they didn’t want to pay for the lawyer and saying that she was terrified her husband was going to be killed. I suggested she get a restraining order against the guy who placed the death threat so it would at least be on record should anything happen and advised her to get the lawyer, since these guys were obviously playing dirty. Luis arranged to pay the lawyer in monthly payments and on Friday, they headed to court.

As they waited for the judge, the victim’s family attempted to convince Luis that only he could go in, no lawyers or family allowed. When the judge showed, he of course let everyone in.

So they all went in and the family started hurling accusations and demanding that Luis be incarcelated. The judge made them shut up and asked for proof. Their proof? “We saw someone in a Municipal uniform.” There were about 50 guys in that uniform that night so the judge said that wasn’t proof. They had NOTHING else.

Then Luis’ lawyer presented the evidence that they had that the entire thing had been done illegally, with them making Luis come to the police station and the judge turned on the victim’s family and the investigator and told them that this was completely illegal and that the investigator was going to lose his job for it! They also presented the death threats that the brother had made against them and the restraining order they got against him and the judge gave them another restraining order and put it on record that if anything at all happens to Luis or his family, this family is considered responsible before anyone else.

According to the maid, the victim’s mother burst into tears and said that in her pain, they had to do something and they HAD to lock Luis up because she couldn’t live unless someone paid for her son’s death. The judge looked at her and said, “What are you saying? That it doesn’t matter WHO pays?” She got quiet and he asked, “Are you saying that this man DID NOT kill your son?”

And she confessed to having made the whole thing up!! They knew who had done it and he’d left town, so she wanted someone to pay, or so she said. The judge threatened to have the victim’s mother and brother put in prison right then and there, but Luis didn’t press charges. However, there is now paperwork against the family saying that if anything at all happens to Luis of a suspicious nature, they are on the hook.

If you’ve studied the data in the US, it’s clear we’re on the verge of a depression, perhaps the greatest depression in modern times.  The commercial real estate bubble is about to burst, the money supply has been expanded in geometric terms, the central government is spending at record levels (to no effect), our foreign creditors are refusing to buy our debt, and consumers are, for the first time in a generation, saving their money rather than spending it.  2010 is likely to be worse than 2009, and it might be worse for Japan and the UK than the US due to their aging populations and already excessive tax levels.  However, here in Guate I can see no signs that anything is wrong.

Yesterday I went to the capital for a few meetings and to make the normal stops at Hiper Paiz and Pricesmart.  The traffic on Roosevelt and the 20th Calle area was so bad I spent hours just sitting, breathing in fumes, and more perpelexing to me were the huge numbers of people in the stores, with shopping carts overflowing.

Ten days earlier I visited both of these stores with the Wife, and was shocked at how busy they were.  I know that these stores cater primarily to the wealthy and the small, but growing middle class, but there were thousands of regular people at these stores, grocery carts full of cheap, junky toys from China, huge bottles of Coca Cola, gigantic bottles of hair gel and other stuff.  Naturally, each cart was accompanied by 6-10 members from two or three generations of family.  I was reminded that Guatemalans have gotten their aguinaldo and are going to spend every centavo of it as quickly as possible.

Which is why I was so surprised that yesterday the stores were still busy, even more so than in the days before Christmas.  I had to resort to leaving my cart in an aisle and doing solo missions for items, returning, and then going back out on recon while the 9 year-old watched the cart.  What should have been a three hour trip turned into an eight hour journey.  Well, there was a detour to Vesuvio’s for lunch where we did our best to kill off a meter of pizza (and failed), but still…

You would never know you were in the capital of a third world country, and one of the poorest in the hemisphere.  The Miraflores area felt like a busy suburan US shopping complex before Christmas, with people honking and fighting for parking spaces, which were so sparse that I couldn’t even park in the Pricesmart Parking lot, but had to park on the on-ramp to Anillo Periferico, just outside.

All this made me wonder about the aguinaldo.  If national spending jumps dramatically when the bonuses are paid, it suggests there is pent-up demand among consumers.  This pent-up demand would be better satisfied if the people are given the money regularly so they can better manage their own needs.  The fact that much of the purchasing at Christmas seems not to be need-based but for (relatively speaking) luxuries tells me that many people who go the whole year and don’t have any extra are spending their bonuses on things they don’t really need.

I suspect most of these families would indeed be better off with a twice monthly paycheck increase of 16% (the two annual bonuses divided into 26 paychecks) than to get these twice a year cash injections.  With a little more every two weeks, needs could be better provided for, and consumers would have to plan and save to splurge rather than having a bulge in their pants at the very moment when commercial interests are in overdrive.

Social justice is a buzz word that some theists and liberals like to use that essentially masquerades for Marxism.  The genuine essence of social justice is not collectivism, but a responsibility among men do be mindful of their brethren.  Liberals don’t like this because it involves me being concerned for their welfare and how their personal conduct affects themselves and others, and conservatives don’t like this because it obligates them to be concerned for the welfare of others.

I believe social justice here would urge a reform of the system, eliminating these bonuses and including the pay into regular checks so families could better meet their true needs instead of being flush with cash when retailers want to sell stuff.  The retailers will have to work a little harder to sell products and services to consumers that meet their true needs as they come about and consumers will have to learn to save and plan for purchases.  Both require self-discipline and restraint, which is why it will be roundly opposed.

Comments?

This website is reporting that a lynch mob burned a man alive for allegedly raping his nine year-old daughter.  What’s interesting is it reportedly happened in ‘San Juan, Sacatepequez’.   There is a San Juan del Obispo only a mile or so up the road, but I’m sure there are dozens of San Juans in this state.

If you’re anything like me, your first thought might be ‘Good riddance’.  Of course, as I’ve pointed out before, vigilante justice is fraught with problems.  God forbid your son or daughter is angry at you and starts telling people you’ve abused her; you might end up crispy even if there is no truth to it.

Consider another scenario, not very far-fetched; a visiting college kid from the US manages to persuade some local girl to share some love, an accomplishment not appreciated by Mom and Dad who raise the alarm in town and claim the gringo raped their daughter.  (A little better for the family honor than admitting she’s a hussy).    Said gringo gets roasted.

It seems to me that if the society fails at justice, it is a fundamental failure of the state.  However, this solution is seriously defective.  Can’t these lynch mobs come up with a form of corporal punishment that’s a little less…permanent?  How about tying him up in the public square for a month, and letting passerbys whip him at will.  Or branding him with a big ‘R’ on his forehead.

What do you think?

One of the things some visitors to Guatemala have difficulty adjusting to is the ever-present armed guards.  Hailing from the south and southwest of the US, my family and I are accustomed to being around guns, and don’t find anything odd about it.  In fact, the more guns, the safer I feel.  To borrow a phrase often used in a different context, “I think everyone ought to own one”.

When we were in Mexico City, there were heavily armed guards on almost every street corner.  People would write me and ask, “Aren’t you scared of all those guys with guns?!” and I could honestly reply that I felt safer standing next to one of those guys than I did at a ballgame in Phoenix.

The Washington Post had a recent article on the proliferation of private security here in Guatemala that reminded me of a few of these things.  The writer points out that virtually anyone can get a gun here and that many of the armed guards have little training and may have been farmers just a few days or weeks before.  This reveals, of course, the writer’s bias against both agrarian workers and gun owners, something not likely confined to his opinion of Guatemalans.

The article explains how some private security guards are a threat and end up robbing or assaulting the businesses they’ve been hired to protect.  This is inevitable; my friends in law enforcement and DA offices in the US admit off the record that there are a lot of cops working the street who have things other than law and order on their minds.  It’s nothing against cops, it’s human nature we’re talking about here, but I share the opinion of many others who say that there are certain types who get a thrill out of carrying a gun and a badge.  (Ask me about official immunity sometime).

The reality is that perception is as important as reality. I live in an extremely safe, gated neighborhood that is protected by an armed guard by day and two guards at night, one with a fully automatic weapon.  (According to my 14 year-old, if you ask to see their weapons, they happily oblige, ejecting the ammo and handing the gun over.)

The neighborhood has steel gates, cameras, high walls with concertina wire, and I have my own gate and walls, and yet on top of all this my house has steel bars over all the windows and doors.  I don’t know that the bars provide any additional protection, but if the house had none, locals would deem it less safe than the house next door, which has them.  Who wants to own a house that is perceived as being less safe?  Thus, the windows and doors are barred.

This is the conundrum of security in Guatemala; because of perception there is a constant cycle of increasing the perception of security in order to demonstrate to everyone that you are safe.   In reality, it would take almost no effort to take down any of these guards, even unarmed; they’ve clearly not been trained in close combat or even proper handling of their weapons.  Surely the narco traffickers and skilled criminals understand this, and yet by all accounts the businesses without guards are easier targets; even the criminals want to avoid trouble.

Perhaps this is one more symptom of a failing justice system, because if people feared the consequences, perhaps crime would be less.  Maybe some readers have an opinion on the phenomenom.

In the interest of full disclosure, let me say that my Spanish is pretty poor and so I may have missed some nuance in this article in Prensa Libre.  However, it appears to me that a Guatemalan man has been arrested for urging people (via Twitter) to withdraw funds from BanRural as a punitive action for their alleged corruption and ties to the murder of the attorney and his clients which have been at the center of the recent scandal.

It seems to me extraordinary that someone could be jailed for merely urging others to make withdrawals from a bank.  After all, if the bank is fully solvent, as the government claims, the withdrawals will not bring about panic.  How is this different from demonstrating in front of the bank, alleging ties to conspiracy and murder?

On the other hand, this is nowhere near as offensive as some of the other comments I have seen under the Twitter search of these events, which you can read under #escandalogt.  I’m reminded that people will write things online they would never say to another person or in front of a group.  The need for responsibility in speech is regrettably paired to a online generation that mostly has yet to develop much self discipline or good judgment.

I don’t know whether these things are prudent or not.  I don’t know whether elected officials are responsive to their constituents and whether calls and emails to them might be more effective than demonstrating in the streets and urging customers to take punitive actions against their bank.  People who are interested in justice need to keep all this in mind before they speak out, because the pen is indeed mightier than the sword.

Our words and actions can have unintended consequences and as an observer from the sidelines, I fear that long pent-up frustration with the level of violence, corruption and general breakdown within this society might lead people into a revolutionary spirit with disastrous consequences.  How would the interests of the society be advanced if this left-of-center democrat is replaced by a far-left tyrant?  Is Guatemala ready to become the next Venezuela (with hyperinflation, food shortages and rampant official abuse), or worse, that former paradise and free-market success story turned into a prison camp we know as Cuba?

Update:  One of my readers was kind enough to call me and bring something to my attention that sheds some light on this topic.  Apparently within the last few months a law was passed which criminalizes the publication of rumors about local banks.  This legislation stems from widespread rumors which led to a run on several banks.  Whether just or not, this gets to the prudence of the public comments by the aforementioned Twitter user.  If any of my Guatemalan readers can shed additional light on this, it is appreciated.

Update 2 jeanfer has been bailed out and is at home under house arrest.

The article in Latin American Herald Tribune stopped me in my tracks.  It’s not that violence is rare here (it’s not), or that I wasn’t aware of it before moving here (I was), but rather, the details that struck me:

An alleged thief was killed Wednesday in the capital suburb of Mixco by angry residents who accused him of committing robberies, emergency personnel said.

According to firefighters, the man – who was said to be 28 years old but still has not been identified – was detained by enraged residents who beat him, doused him with gasoline and set him on fire, causing his death.

Mixco is a suburb of Guatemala City.  It’s supposed to be nice, safe place.  I looked at a house there, and while the neighborhood didn’t compare to Antigua, it sat on a ridge overlooking the city and felt safe.  Several local families that I’ve come to know live in Mixco, and they’re all professionals or generally educated people.

If you heard a story like this, you would think it happened in some obscure Mayan village, not in a sophisticated suburb of the capital.  Additionally, the excessive response concerns me-who in their right mind sets someone on fire for stealing?

If the guy raped your daughter or assaulted your wife or killed someone, I would expect Read More→

I found a blog last week that I really enjoy.  It belongs to BJ Murrey and he’s doing a great job.  One of his more interesting posts (if you’re a nerd, like me), is his question regarding the morality of vigilante justice.  He was referring to a recent incident in Guatemala City where citizens beat to death a man who had just participated in a shooting.

In a civilized society we must uphold the rule of law and punish vigilantes.  If we do not, anarchy results and it is inevitably the weakest among us who suffer the most.  The argument in this case might be that the lack of an effective justice system has compelled the citizens to take ‘justice’ in their own hands.

The problem with this argument, as evidenced by the story I linked to before, is that the mob lynching of the assailant can’t be classified as ‘justice’.  There was no presentation of the evidence, no witnesses to reconcile their stories with the defendant, no impartial judge or jury to weigh the evidence and decide guilt or innocence and proclaim a penalty.

In short, the killing of the alleged assailant is not much different than the murder he is alleged to have committed.  The intent may be different, but we don’t know what precipitated the original crime.  The original shooting may have itself been retaliatory, just as the mob’s actions were.  Acting on presumption and ignorance is an inherent problem with vigilante justice.

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