A/HRC/42/30
corruption and transitional justice which increased after November 2018, when the
Government announced that it would unilaterally end the agreement with the International
Commission against Impunity (CICIG).75
41.
On 30 April, 18 September 2018, and 30 January 2019, the Special Rapporteurs on
foreign debt and human rights and on the independence of judges and lawyers, raised
concerns about reprisals against judges from the Constitutional Court seeking to protect the
work and mandate of the CICIG, in particular Mr. Francisco de Mata Vela, Mr. Bonerge
Mejía and Ms. Gloria Porras and their relatives. Acts of reprisals reportedly took the form
of misuse of legal impeachment proceedings (“antejuicios”) as well as public stigmatization
and vilification campaigns in traditional and social media (GTM 7/2018; GTM 13/2018;
and GTM 1/2019).
42.
The mandate holders also expressed concern about reported reprisals against a
number of judges with competence in high risks cases, including Ms. Erika Lorena Aifán
Dávila, Ms. Iris Yassmin Barrios, and Mr. Miguel Angel Gálvez Aguilar (GTM 7/2018,
GTM 13/2018, and GTM 1/2019), as well as Mr. Juan Pablo Xitimul de Paz. These judges
have jurisdiction in cases investigated with the support of the CICIG, particularly related to
alleged corruption, organized crime and illicit financial flows involving powerful interest
groups. Acts of reprisals against them reportedly included the use of disciplinary and
professional bodies to file ill-founded complaints against judicial decisions, as well as
public stigmatization and vilification campaigns in traditional and social media.76
43.
On 25 April 2019, the Assistant Secretary-General raised the allegations above in
writing. He also addressed the situation of Ms. Claudia Samayoa, president of the Unit for
the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) and Mr. José
Manuel Martínez, of “Justicia Ya.” Ms. Samayoa and Mr. Martínez are reportedly the
subject of a criminal complaint filed in late March 2019 by the President of the Supreme
Court of Justice connected to an “antejuicio” request they filed in January 2019 against
magistrates of the Supreme Court of Justice. The Assistant Secretary-General also raised
the situation of Ms. Helen Mack, Director of the Mack Foundation, who has reportedly
been subject to attacks and legal actions in connection to her participation in an injunction
request before the Constitutional Court regarding the unilateral termination of the
agreement with the United Nations, which created CICIG.
44.
On 23 April 2019, the Government responded to the communication of 30 January
2019, including to the allegations related to CICIG 77 whose presence in the country,
according to the Government, created pressures or interests alien to the rule of law. Thus,
after the UN Secretary-General decided not to remove Commissioner Mr. Ivan Velasquez,
the Government decided not to extend the agreement establishing the CICIG. According to
the Government, the CICIG was not part of the UN. It became a failed experiment in the
fight against corruption and impunity with a legacy that divided society and was highly
detrimental to the rule of law.
45.
On 24 June 2019, the Government responded with detailed (confidential)
information about the latest security assessment and protection measures provided to those
individuals mentioned above, as well as on complaints received.
15.
Honduras
46.
In May 2018, Ms. Glenda Ayala, human rights lawyer and civil society member of
the National Preventive Mechanism against torture, cruel, inhuman and degrading treatment
75
76
77
26
OHCHR, “Situación de las personas defensoras de derechos humanos en Guatemala: entre el
compromiso y la adversidad,” Informe conjunto de la Procuraduría de los Derechos Humanos y la
Oficina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos en Guatemala,
(2019), para. 74.
OHCHR “Guatemala must ensure independent justice system in fight against corruption, say UN
rights experts,” (11 February 2019).
Response from Government: https://spcommreports.ohchr.org/TMResultsBase/
DownLoadFile?gId=34634.