A/HRC/51/47 11. Guatemala 74. Alleged acts of reprisals against a number of judges and prosecutors, in particular those who worked on cases investigated with the technical assistance of the International Commission against Impunity (CICIG), were included in the 2019, 2020 and 2021 SecretaryGeneral’s reports.99 The Commission operated for 12 years in the country, until 2019, based on an agreement between the United Nations and the Government of Guatemala. 75. OHCHR continued to document the targeting of Mr. Juan Francisco Sandoval, Chief Prosecutor of the Special Prosecutor’s Office against Impunity (FECI).100 On 23 July 2021, the General Attorney dismissed Mr. Sandoval reportedly without following the disciplinary proceeding established by law. Mr. Sandoval left the country the same day, alleging fear for his safety. Reportedly, undue criminal procedures against him continue. 76. On 1 July 2021, the Special Rapporteur on the independence of judges and lawyers101 urged authorities to tighten protection for the country’s judiciary, noting that judges Ms. Yassmín Barrios, Mr. Miguel Gálvez, Ms. Erika Aifán and Mr. Pablo Xitumul de Paz had submitted a complaint to the Public Prosecutor’s office about increased surveillance and harassment. According to information received by OHCHR, on 9 February 2022, the Supreme Court of Justice lifted the immunity of Judge Pablo Xitumul de Paz and rejected an appeal by Ms. Aifán against an ongoing pre-trial process allowing the investigations against her to continue. The legal processes have reportedly presented serious irregularities. On 9 March 2022, the Supreme Court of Justice suspended Mr. Xitumul from his position. On 21 March 2022, Ms. Aifán resigned and left the country alleging “lack of sufficient guarantees for her protection” and threats against “her life and integrity”. 77. In her 2022 report to the Human Rights Council, the High Commissioner noted that Constitutional Court magistrates were appointed for the period 2021-2026, except for Ms. Gloria Porras, who was not sworn in on 13 April 2021 by the Congress due to the filing of several legal actions seeking to prevent her re-election. Given the withdrawal of her immunity and the risk to her safety, Ms. Porras left the country on that day. According to information received by OHCHR, on 29 March 2022, the Constitutional Court suspended Ms. Gloria Porras’ election alleging that it did not comply with national requirements, including secrecy of the vote. It is reportedly the first time that the election of a magistrate is cancelled for this reason. Mr. Francisco De Mata Vela reportedly continues to suffer retaliation in the form of requests by the Supreme Court of Justice and Congress to lift his immunity (A/HRC/49/20, para. 55). 78. The situation of the head of the national human rights institution and Ombudsperson Mr. Augusto Jordán Rodas was included in the 2021, 2020 and 2019 reports of the Secretary-General 102 following attempts to undermine the institution for its support to CICIG’s work. In her 2022 report, the High Commissioner noted that the Office of the Ombudsperson continued to face discrediting campaigns and obstacles in the fulfilment of his mandate, including unjustified delays in the allocation of the institution’s budget. Likewise, the Deputy Ombudsperson Ms. Claudia Maselli is facing criminal proceedings related to the exercise of her official duties for alleged breach of duties (February 2021) and abuse of authority (August 2021) (A/HRC/49/20, para. 10). 79. On 1 July 2022, the Government responded to the note verbale sent in connection to the present report with information on the situation and ongoing legal cases against Mr. Franciso de Mata Vela. It noted that 20 of the 23 legal cases against Mr. de Mata Vela were dismissed in application of the principles of legality and due diligence. The Government 99 100 101 102 52 A/HRC/42/30, para. 54, Annex I, paras. 40–42; A/HRC/45/36, Annex II, paras. 56–59; A/HRC/48/28, Annex II, paras. 56–61. See A/HRC/48/28, Annex II, para. 56. https://www.ohchr.org/en/press-releases/2021/07/guatemala-top-judges-face-threats-must-beprotected-expert?LangID=E&NewsID=27254; https://www.ohchr.org/en/pressreleases/2021/07/guatemala-top-judges-face-threats-must-be- protectedexpert?LangID=E&NewsID=27254. A/HRC/42/30, para. 55, Annex II, para. 52; A/HRC/45/36, Annex II, para. 61; A/HRC/48/28, Annex II, para. 59.