Iris Yassmin Barrios

Cases

Relevant SG report

From Country

Country Geolocation

Latitude: 15.783471

Longitude: -90.2307589999999

From Region

UN body that raised the case prior to the SG report

Dates of prior UN action: 30 April 2018; 18 September 2018; 30 January 2019; 25 April 2019

Individual's/organization's activity: These judges have jurisdiction in cases investigated with the support of the CICIG, particularly related to alleged corruption, organized crime and illicit financial flows involving powerful interest groups.

Type of rights defended

Was the victim a civil servant or member of the security forces or of the judiciary?: Yes

Reported trigger of reprisal: judges from the Constitutional Court seeking to protect the work and mandate of the CICIG

Engagement with UN body

Type of attempted engagement

Reprisal information: Acts of reprisals against them reportedly included the use of disciplinary and professional bodies to file ill-founded complaints against judicial decisions, as well as public stigmatization and vilification campaigns in traditional and social media.

Types of reprisals suffered

Does the report make general comment about country’s environment for engagement with UN?: No

Government response content: On 23 April 2019, the Government responded to the communication of 30 January 2019, including to the allegations related to CICIG 77 whose presence in the country, according to the Government, created pressures or interests alien to the rule of law. Thus, after the UN Secretary-General decided not to remove Commissioner Mr. Ivan Velasquez, the Government decided not to extend the agreement establishing the CICIG. According to the Government, the CICIG was not part of the UN. It became a failed experiment in the fight against corruption and impunity with a legacy that divided society and was highly detrimental to the rule of law.

On 24 June 2019, the Government responded with detailed (confidential) information about the latest security assessment and protection measures provided to those individuals mentioned above, as well as on complaints received.

Is the country cited for a "pattern of reprisal" in the context of this case?: No

Is a pattern of reprisals mentioned otherwise in the context of this case?: No

Does the report cite "self-censorship" as an issue in the context of this case?: No

Follow up information provided in SG report 0

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”.

#EndReprisals