A/HRC/45/36
10.
Guatemala
54.
Alleged acts of reprisals against judges, lawyers and prosecutors for their
cooperation with the International Commission against Impunity in Guatemala (CICIG)
were included in the 2019 report of the Secretary-General (A/HRC/42/30, para. 54–55,
Annex I paras. 40–45) after special procedures mandate holders addressed multiple legal
impeachment proceedings (antejuicios) and public stigmatization and vilification
campaigns against judicial and civil society actors cooperating with CICIG.
55.
In September 2019, the High Commissioner for Human Rights reported that
Congress created a commission of inquiry to investigate alleged “illegal and arbitrary” acts
by CICIG (A/HRC/43/3/Add.1, para. 39). During the period under review, OHCHR
received reports that, in relation to the CICIG, three human rights defenders, 14 judges and
magistrates, and 23 public prosecutors were the subject of unfounded criticism, on-line
vilification, and intimidation during the hearings, and were mentioned in this commission’s
final report. This included Ms. Helen Mack, from the Myrna Mack Foundation, whose
case was included in the 2019 report of the Secretary-General (A/HRC/42/30, Annex I, para.
43). She was allegedly subject to attacks and legal actions, related to her participation in an
injunction request before the Constitutional Court regarding the unilateral termination by
the Government of Guatemala of the CICIG agreement with the UN. 41
56.
Reprisals and intimidation against judicial actors and civil society were included in
the 2019 report of the Secretary-General (A/HRC/42/30, para. 54–55, Annex I paras. 40–
45). As noted by the High Commissioner in her July 2019 report, the pattern of attacks,
reprisals and intimidation against judges and public prosecutors persisted in 2019, in
particular against those presiding over cases related to transitional justice and corruption
(A/HRC/43/3/Add.1, para. 33). Alleged acts of reprisals against Constitutional Court judges
Mr. José Francisco de Mata Vela, Mr. Bonerge Mejía and Ms. Gloria Porras were
included in the 2019 report of the Secretary-General regarding their work for the CICIG
(A/HRC/42/30, para. 54, Annex I para. 41), and they continued to be targeted in the
reporting period.
57.
On 18 July 2019, special procedures mandate holders expressed concern at reported
acts of intimidation, attacks and reprisals from State and non-state actors against High-Risk
Court judges Mr. Pablo Xitumul de Paz and Ms. Erika Lorena Aifán Dávila linked to
their decisions on high impact and emblematic cases (GTM 6/2019). In October 2019, Ms.
Aifán Davila was granted precautionary measures by the IACHR. 42 On 25 September 2019,
the Government provided information on cases against Mr. Xitimul de Paz, as well as on
measures to ensure the protection of both judges and ongoing related investigations. 43
58.
Similarly, it was reported to OHCHR that intimidation and reprisals against public
prosecutors cooperating with CICIG, in particular the Special Prosecutor’s Office against
Impunity, and Chief Prosecutor Mr. Juan Francisco Sandoval, have increased. Two of
these prosecutors resigned during the reporting period, following a reported increase in
threats and intimidation received, related to their work in high-profile corruption cases in
which the CICIG intervened. On 8 April 2020, the Inter-American Court of Human Rights
issued urgent protection measures in favour of three prosecutors of the Special Prosecutor’s
Office against Impunity.44
59.
Judges in the High-Risk Courts have reportedly faced various attacks linked to their
work, including requests to lift their immunity so they can be criminally prosecuted, smear
campaigns in social media, and the appointment of support personnel who leaked
41
42
43
44
62
See joint report OHCHR-Procurador de los Derechos Humanos, “La situación de las personas
defensoras de derechos humanos en Guatemala: entre el compromiso y la adversidad” (2019), paras.
28 and 74.
http://www.oacnudh.org.gt/images/CONTENIDOS/ARTICULOS/PUBLICACIONES/Informe_perso
nas_defensoras.pdf.
IACHR, resolution 55/2019, precautionary measure 682-18, October 2019,
http://oas.org/es/cidh/decisiones/pdf/2019/55-19MC682-18-GU.pdf.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34899.
President of the Inter-American Court of Human Rights, resolution, 8 April 2020,
http://www.corteidh.or.cr/docs/medidas/ruizfuentes_se_01.pdf.