Due Process for Ex-Dictators; A Study of Judicial Control of Legislation in Guatemala

Early in 1931, General Jorge Ubico Castaneda established in Guatemala one of the tightest dictatorships in all Latin America. For many years, his régime was not only popular, but benevolent. General Ubico loved his country, and under his leadership there was a remarkable increase alike in administrative efficiency and public honesty. Under the Ley de Probidad, one of his first statutes, every important government official from the president down was required to file a sworn statement upon assuming office of all property owned by him and by his immediate family, to serve as the possible basis of an accounting on termination of his services. Government employees receiving funds were required to give a receipt, made out in duplicate upon official blanks that must be accounted for, upon pain of a fine amounting to twice the amount involved, one-half of which was to be paid to the informer. No one could tell when General Ubico would “drop in” on him to audit his books and examine his papers, as he could reach even the most out-of-the-way government offices on his motorcycle. Indeed, “government by motorcycle” became a popular phrase of the day in reference to this rugged and domineering personality.Although the constitution provided in Article 66 that the presidential term of office should be six years, and that no president should be reelected until he had been out of office for at least twelve years, a subservient Congress that had virtually abandoned its legislative powers to the executive called for a national plebiscite on extending General Ubico's term, and following a favorable vote the constitution was amended to provide that he should continue as president until March 15, 1943, Article 66 remaining in suspense until that date. Late in 1941; the constitution was again amended to extend his term another six years.