The situation of the national human rights institution (Procurador de los Derechos Humanos) and that of its Ombudsperson, Mr. Augusto Jordán Rodas Andrade, was included in the 2018 report of the Secretary-General (A/HRC/39/41, para. 41 and Annex I para. 42). Allegations included attempts to undermine the independence of the institution because of its support for the CICIG, as well as smear campaigns against Mr. Rodas Andrade and threats to his family. According to new information received, attacks against the institution have continued due to its cooperation with the CICIG. The institution is reportedly facing a reduction of its 2019 budget, which may lead to its closure in October 2019. Moreover, there have been multiple attempts to remove Mr. Rodas Andrade from office by impeachment.

The situation of the national human rights institution (Procurador de los Derechos Humanos) and that of its Ombudsperson, Mr. Augusto Jordán Rodas Andrade, was included in the 2019 and 2018 reports of the Secretary-General (A/HRC/42/30, Annex II, para 52; A/HRC/39/41, para. 41 and Annex I para. 42) on reported attempts to undermine the independence and effectiveness of the institution because of its cooperation with the CICIG, as well as smear campaigns against Mr. Rodas Andrade and attempts to remove him from office. 62. According to information received by OHCHR, the Procurador has continued to face cuts in its budget, threatening its ability to carry out its mandate. The budget cut made by the Congress for 2019 corresponded to 20 percent of its operations budget and prevented the institution from paying its employees from December 2019 to February 2020. In July 2019, the Constitutional Court ordered the immediate disbursement of funds, but Congress has reportedly delayed the procedures. While the 2019 budget situation was finally solved, reportedly the same budget cuts are in force for 2020. Further, attempts to remove Mr. Rodas Andrade from office have continued; for example, in October 2019, Congress filed a criminal complaint against him for abuse of authority, usurpation of functions, and breach of duties.

On 23 July 2020, the Government responded to the note verbale sent in connection to the present report, [...] Regarding alleged reprisals against the national human rights institution, the Government informed that it has acted freely without restriction to its functions, and that this should not be confused with the actions of people who may feel aggrieved by its resolutions, declarations or actions.

59. The situation of the national human rights institution and its Ombudsperson, Mr. Augusto Jordán Rodas, was included in the 2020 and 2019 reports of the SecretaryGeneral166 following attempts to undermine the institution for its support to the CICIG’s work. The High Commissioner noted in her 2020 report on the situation of human rights in Guatemala, that Mr. Rodas has faced smear campaigns and attempts of interpellations in the Congress (A/HRC/46/74, para. 10). These attacks are related to injunctions presented by Mr. Rodas in favour of magistrates of the Constitutional Court, amongst others. On 6 May 2021, the High Commissioner expressed concern at attempts to remove Mr. Rodas.167

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 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.