The Miami Herald
Fri, Feb. 20, 2004

Accused in corruption case, ex-president leaves country

A day after the nation's high court ruled to suspend his immunity from prosecution, former President Alfonso Portillo leaves Guatemala.

BY CATHERINE ELTON
Special to The Herald

GUATEMALA CITY - Former President Alfonso Portillo, facing allegations of massive corruption, left Guatemala one day after the country's highest court agreed to suspend his legal immunity as a member of the Central American Parliament.

Migration officials confirmed Thursday that Portillo left Guatemala Wednesday by land for El Salvador. Portillo later reportedly boarded a Mexico City-bound plane.

Portillos supporters denied Thursday that he had fled the country. ''Like all citizens he has the right to go anywhere in the world he wants. He could have traveled for reasons that have to do with his family,'' said Luis Fernandez Perez, a congressman from Portillos party.

But his departure came one day after Guatemalas Constitutional Court ordered the provisional suspension of the legal immunity enjoyed by Guatemalan representatives to the largely ceremonial regional body, including Portillo and his former vice president, Juan Francisco Reyes.

In recent days, President Oscar Berger, who replaced Portillo on Jan. 14, has denounced what he calls a ''sacking of state resources'' under Portillo and vowed to pursue corruption cases to the furthest extent of the law.

Portillo already faces at least nine court requests to strip him of his immunity to face various allegations of crime, including corruption and abuse of power, during his four-year term. As soon as his immunity is lifted, those requests will become ordinary criminal complaints.

SEEKING COURT ORDER

Anticipating the loss of immunity, Guatemalas chief prosecutor, Carlos De Leon, had announced late Wednesday that he would seek a court order banning Portillo and Reyes from leaving the country. But by that time Portillo had already left the country. Reyes remained in Guatemala Thursday.

''It is not surprising that something like this has happened, given the determination of our administration to investigate illegal actions of the former administration,'' Vice President Eduardo Stein said.

''Unfortunately, justice came too late. Given the quantity of accusations, the prosecutor should have requested the block of exit from the country long ago,'' Stein said.

Congressman Perez insisted, however, that the complaints filed against Portillo are part of a political witch-hunt by rich Guatemalans who opposed the former president's policies.

''This is a political lynching,'' he said. ``Portillo defended the interests of the majority of Guatemalans during his presidency and as a result he affected the interests of the oligarchy in this country.''

Five lawyers, including two former Supreme Court justices, filed the requests to strip Portillo of his immunity with the Constitutional Court in December, arguing that the fact that ex-presidents and vice presidents are automatically granted a seat in Parlacen, and the attendant immunity, when they leave office is a violation of the Guatemalan constitution.

NOT `FUNCTIONARIES'

''They are no longer functionaries and much less the kinds of functionaries that the constitution recognizes as deserving of immunity,'' said lawyer Roberto Sagastume, one of the five lawyers. He denied any political motivation behind the case.

The ruling was an injunction of sorts, which should take effect this week and last two months, while the court deliberates and issues a ruling on whether the immunity violates the constitution.