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.

Select target paragraph3