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.

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