A/HRC/54/61
Spokesperson of the United Nations Secretary-General also expressed concern at the criminal
prosecution exercised against justice operators and former officials of the CICIG.
52.
According to information received by OHCHR, on 29 July 2022, Ms. Samari Gómez,
a prosecutor at the Special Prosecutor’s Office Against Impunity (FECI), was detained and
prosecuted for allegedly leaking confidential information to the former FECI Chief regarding
a high-profile case investigated with CICIG’s technical assistance. Following the charges,
Ms. Gómez resigned from her position, and she has been held in solitary confinement since
her detention. On 14 October 2022, an arrest warrant was issued against Mr. Carlos Videz,
a former FECI prosecutor, on charges of abuse of authority in connection with a high-profile
case investigated with CICIG’s technical assistance. Mr. Videz resigned and left the country
in February 2023 in fear for his personal integrity and reprisals for his work.
53.
On 16 January 2023, an arrest warrant was issued against former Attorney General
Ms. Thelma Aldana, a member of her staff, a lawyer and a former CICIG investigator on
charges of conspiracy, obstruction to justice and abuse of authority in a high-profile case
investigated with CICIG’s technical assistance. On 23 November 2022 and 9 March 2023,
two extradition orders were requested against Ms. Aldana on charges of abuse of authority,
ideological falsehood, embezzlement, and fraud. Ms. Aldana left the country in 2019.
54.
On 8 February 2023, the Supreme Court of Justice initiated proceedings to lift the
immunity of Mr. Carlos Ruano, a first instance judge and member of the Guatemalan
Association of Judges for Integrity, for a criminal complaint he pursued of a high-profile case
that was later investigated by CICIG and FECI. Judge Ruano is facing charges for alleged
usurpation of powers, decisions in violation of the Constitution, abuse of authority and breach
of duties, amongst others.
55.
On 27 July 2023, the Government responded to the note verbale sent in connection to
the present report noting that it had no updates concerning the information reported on
prosecutor Ms. Samari Gómez. It confirmed the criminal complaints filed against first
instance Judge Mr. Carlos Ruano and against former Attorney General Mr. Carlos Videz and
other individuals for the reported offence of abuse of power and also for breach of duties,
influence peddling and illegal association amongst others. The Government also provided
information on two cases against former Attorney General Ms. Thelma Aldana and other
individuals, noting that in one case she had formally been indicted on various charges,
including illicit association, money laundering and tax fraud amongst others and that
preventive detention had been ordered, whereas in another case the file had been dismissed,
and an opposition hearing to the dismissal had been scheduled.
11.
Iran (Islamic Republic of)
56.
Multiple United Nations actors noted the shrinking of civic space, including undue
State restrictions over the digital space, and continuing repression and violence targeting civil
society, lawyers and journalists since the start of the protests in September 2022. 44 This
context amplified the risks to engage with the United Nations leading to self-censorship.
Reportedly, due to protection concerns, victims and witnesses declined to avail themselves
of United Nations’ procedures for the protection of human rights but provided consent for
the public use of their testimony as long as it was anonymized and identifying elements were
not disclosed. Names and details of those concerned have been withheld due to fear of
reprisals.
57.
In his report to the General Assembly, the Special Rapporteur on the situation of
human rights in the Islamic Republic of Iran underlined that the high risk of reprisals that
people and organizations face for engaging with international human rights mechanisms
represents in itself a serious human rights concern (A/77/181, para. 6).
44
GE.23-15378
A/HRC/52/67 paras. 8, 44; and 50; A/77/181, para. 67, A/HRC/RES/S-35/1;
https://www.ohchr.org/en/statements-and-speeches/2022/11/deteriorating-human-rights-situationislamic-republic-iran; https://www.ohchr.org/en/press-releases/2022/10/iran-crackdown-peacefulprotests-death-jina-mahsa-amini-needs-independent; IRN 14/22; IRN 11/22; IRN/23/2022;
IRN/30/2022; iran-end-killings-and-detentions-children-immediately-un-child.
29