On 18 July 2019, special procedures mandate holders expressed concern at reported acts of intimidation, attacks and reprisals from State and non-state actors against High-Risk Court judges Mr. Pablo Xitumul de Paz and Ms. Erika Lorena Aifán Dávila linked to their decisions on high impact and emblematic cases (GTM 6/2019). In October 2019, Ms. Aifán Davila was granted precautionary measures by the IACHR. 42 On 25 September 2019, the Government provided information on cases against Mr. Xitimul de Paz, as well as on measures to ensure the protection of both judges and ongoing related investigations. 43

On 1 July and 25 November 2020, the Supreme Court admitted proceedings against two judges with competence in high-risk cases, Ms. Erika Aifán and Mr. Pablo Xitumul, respectively, referring these cases to the Congress to declare if admissible.

76. On 1 July 2021, the Special Rapporteur on the independence of judges and lawyers 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”.

59. In its 2023 report to the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights (OHCHR) noted an alarming increase in the number of justice officials who were the target of attacks related to their role in cases of corruption and serious human rights violations, including the cases below. The report also noted online defamation and slander campaigns against justice officials (A/HRC/52/23, paras. 60–63).84

60. Alleged reprisals continued against prosecutors from the Special Prosecutor’s Office Against Impunity (FECI) who investigated cases in collaboration with the CICIG, and two of their lawyers.

61. 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. 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.

62. 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.

100. During the reporting period, reprisals also allegedly continued against former judges Mr. Carlos Ruano Pineda100 and Ms. Erika Aifán Dávila, 101 judge Ms. Yassmín Barrios Aguilar102 and judge Mr. Pablo Xitumul de Paz. 103 104. According to information received by OHCHR, Mr. Pablo Xitumul de Paz continues to be suspended from his functions since his judicial immunity was lifted by the Supreme Court of Justice on 9 February 2022. On 5 September 2023, the Prosecution requested a detention order against him, but the judge did not authorize it.106. On 4 July 2024, the Government responded to the note verbale sent in connection to the present report recognising the important work done by justice officials in the fight against corruption and impunity in the country and expressing concern about the cases included in the report. The Government provided a number of factual corrections regarding ongoing legal proceedings concerning the cases described above that were incorporated in the report.

78. According to information received by OHCHR, the case file against judge Mr. Pablo Xitumul de Paz, that was included in reports of the Secretary-General since 2020 in relation to high-profile cases investigated with CICIG’s technical assistance, 83 was transferred to the Second Criminal Court of First Instance in the jurisdiction of Guatemala City in early 2025, as all judges of Mixco recused themselves from hearing the case. At the time of this report, the defence team had not yet received notification of the transfer, nor of the new court taking control of the case. 80. On 18 July 2025, the Government responded to the note verbale sent in connection to the present report expressing concern about ongoing practices within the justice system that violate the rights of human rights defenders, including justice officials, who have played a significant role in the fight against corruption and impunity in Guatemala. The Government acknowledged that the criminalization of human rights defenders remains a serious issue and reiterated its strong commitment to creating the necessary conditions for all defenders to carry out their work without coercion, intimidation, or reprisals.