A/HRC/54/61
reporting period and her appeals for protection (writ of amparo) were denied on the basis that
she is not in the country and is no longer a judge.
68.
During the reporting period, OHCHR received information of intimidation against
Ms. Aifán’s lawyer who is a close relative. On 1 August 2022, police officers and staff from
the General Attorney’s Office visited the house of Ms. Aifán’s lawyer, arguing that there was
a criminal investigation against Ms. Aifán. The same day, police officers and personnel of
the General Attorney’s Office attempted to search the office of Ms. Aifán’s lawyer without
a search warrant. Ms. Aifán’s lawyer has reportedly requested information from the Attorney
General’s Office on the alleged criminal investigation related to the visits, to no avail.
69.
The case of Mr. Pablo Xitumul, a High-risk court judge, was included since 2020 in
reports of the Secretary-General95 on allegations of intimidation, attacks and reprisals linked
to his decisions on high impact and emblematic cases. Special procedures mandate holders
addressed his case on several occasions.96 Judge Xitumul’s was suspended on 9 February
2022 and his immunity was revoked. According to information received by OHCHR,
criminal proceedings against Judge Xitumul continued during the reporting period; however,
two judges recused themselves from the case in May and December 2022, respectively,
which caused significant delays.
70.
The case of Ms. Claudia Maselli, a former Deputy Ombudsperson of the national
human rights institution, was included in the 2022 report of the Secretary-General on
allegations of criminal proceedings in February 2021 related to the exercise of her official
duties on charges of alleged breach of duties and abuse of authority (A/HRC/49/20, para. 10).
According to information received by OHCHR, criminal proceedings against Ms. Maselli
continued during the period although there were delays as the competent judge recused
himself of the case in October 2022.
71.
On 27 July 2023, the Government provided a response to the note verbale sent in
connection to the present report, with information on two criminal cases against former FECI
prosecutor Ms. Virginia Laparra. It clarified that in one of them she had been convicted and
sentenced to four years imprisonment commutable, and that the defence had filed a special
appeal on the merits that prevented the execution of the sentence. The Government noted
further that the investigation was ongoing in the other case.
72.
The Government provided updated information on the criminal proceedings against
Ms. Siomara Sosa, Ms. Paola Escobar, Mr. William Racanac, and Ms. Leily Santizo. It noted
that Ms. Sosa had appealed the indictment against her for the crime of collusion, that was
still under consideration. The Government added that a second arrest warrant had been issued
against Ms. Leily Santizo, whose whereabouts were unknown. It provided information on
four criminal cases filed against Ms. Paola Escobar under various charges including abuse of
authority, noting that they were under investigation and that they had also been filed against
other individuals including Mr. William Racanac.
73.
The Government also shared information on four criminal cases against FECI former
chief prosecutor Mr. Francisco Sandoval Afaro and other individuals, noting that one of the
criminal cases had been dismissed and an opposition hearing had been scheduled. It also
provided updated information on over 20 cases against Ms. Erika Aifán, 13 of which were
under investigation (one with no criminal charges), four had been closed, and four had been
dismissed and it shared a list of preliminary proceedings filed against Mr. Miguel Ángel
Gálvez. The Government also confirmed the level of risk faced by Judge Mr. Pablo Xitumul
and that personalized security measures had been recommended and noted it had no updated
information on Ms. Claudia Maselli.
95
96
58
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.
GE.23-15378