A/HRC/54/61
ordered a criminal investigation against Ms. Laparra’s lawyer, Ms. Wendy Geraldina López
presumably for the crimes of disobedience and/or public disorder. The order was issued when
Ms. López protested against the judge’s instruction of the secrecy of the proceedings and told
her to leave the court room. On 1 April 2023, the judge barred Ms. López from defending
Ms. Laparra.
63.
The cases of Ms. Siomara Sosa, Ms. Paola Escobar, Mr. William Racanac, and
Ms. Sosa’s lawyer and former CICIG worker Ms. Leily Santizo, were included in the 2022
report of the Secretary-General88 on allegations of undue criminal proceedings against them
on charges of abuse of authority, usurpation of functions, obstruction to justice and false
testimony. According to information received by OHCHR, the criminal proceedings against
Ms. Sosa, Ms. Escobar, Mr. Racanac, and Ms. Santizo continued during the reporting period.
In his 2023 report to the Human Rights Council, the High Commissioner for Human Rights
expressed concerns about violations of the rights to liberty and to fair trial guarantees in their
cases (A/HRC/52/23, para. 60).
64.
The case of Mr. Juan Francisco Sandoval, a former chief prosecutor of FECI, has
been included since 2020 in reports of the Secretary-General89 on allegations of reprisals for
his work in high-profile cases, including cases investigated with the technical assistance of
the CICIG. According to information received by OHCHR, on 12 September and 19 October
2022, two arrest warrants and an extradition request were issued against Mr. Sandoval on
charges of influence peddling, obstruction and denial of justice. A second arrest warrant was
issued against Ms. Leily Santizo on 19 October 2022 for allegedly leaking confidential
information to Mr. Sandoval.
65.
The Attorney General’s Office and the Supreme Court of Justice continued legal
proceedings against high-risk court judges and two of their lawyers working on cases
investigated with the technical assistance of the CICIG.
66.
The case of Mr. Miguel Ángel Gálvez, a former High-risk Court judge, was included
in the 2022 of the Secretary-General 90 on allegations of surveillance and harassment
addressed by special procedures mandate holders.91 According to information received by
OHCHR, on 15 June 2022, the Supreme Court initiated proceedings to impeach Judge Gálvez
for abuse of authority, breach of duty, illegal arrests, and judicial abuse of power. In
November 2022, Judge Gálvez resigned from his position and left the country denouncing
lack of due process. On 22 and 25 November 2022, the Special Rapporteur on the
independence of judges and lawyers regretted the legal proceedings against and targeting of
Judge Gálvez (GTM 6/2022).92
67.
The case of Ms. Erika Aifán, former High-risk Court judge, has been included since
2019 in reports of the Secretary-General93 on allegations of intimidation, attacks and reprisals
from State and non-state actors linked to her decisions on high impact and emblematic cases.
Special procedures mandate holders addressed her case on several occasions. 94 In March
2022, Ms. Aifán resigned and left the country alleging “lack of sufficient guarantees for her
protection” and threats against “her life and integrity”. According to information received by
OHCHR, penal and disciplinary proceedings continued against Ms. Aifán during the
88
89
90
91
92
93
94
GE.23-15378
A/HRC/51/47, Annex I, paras. 27–30.
A/HRC/45/36, Annex II, paras. 56–59; A/HRC/48/28, Annex II, paras. 53–61; A/HRC/51/47, Annex
II, paras. 74–79.
A/HRC/51/47, Annex II, paras. 74–79.
GTM 7/2018.
GTM 6/2022; see Government reply at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37330;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27705;
https://www.ohchr.org/en/press-releases/2022/11/guatemala-un-expert-condemns-targetingprosecutor-and-judge.
A/HRC/42/30, Annex I, paras. 40–42; A/HRC/45/36, Annex II, paras. 56–59; A/HRC/48/28,
Annex II, paras. 53–61; A/HRC/51/47, Annex II, paras. 74–79.
GTM 1/2022; GTM 3/2021; GTM 6/2019; GTM 7/2018;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34899;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36292;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36970.
57