Claudia Maselli

Cases
Location of case in SG report
2022-078-001
Relevant SG report
Year of the report
2022
Country Geolocation

Latitude: 15.783471

Longitude: -90.2307589999999

Country Geolocation (linked Cases)
Guatemala
From Region
UN body that raised the case prior to the SG report
  • UN (Dep.) High Commissioner on Human Rights
Dates of prior UN action
22 March 2022
Type of record
Named individual
Gender
Female
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

Deputy Ombudsperson

Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant, member of the security forces or of the judiciary?
Yes
Reported trigger of reprisal

Institution supporting CICIG's work.

Engagement with UN body
  • CICIG
Type of attempted engagement
  • Unclear
Dates of mentioned reprisals
February 2021, August 2021
Location of mentioned reprisals
Guatemala
Reprisal information

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.

Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Government response dates
1 July 2022
Government response content

The Government also provided information concerning the situation of Ms. Maselli and the status of legal cases against her for alleged breach of duties and abuse of authority. She is currently benefitting from alternative measures.

Was the case raised by a State at the UN?
No
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
How many times has the case been followed up in subsequent SG reports?
2
In which SG report was this case followed up on? 0
2023
Follow up information provided in SG report 0

  1. 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

  2. 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.

  3. 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.

  4. 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.

Followup Trends 0
Stayed same
Date of follow up 0
2023
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN (Dep.) High Commissioner on Human Rights
In which SG report was this case followed up on? 1
2024
Follow up information provided in SG report 1
  1. The case of Ms. Claudia Maselli, former Deputy Ombudsperson of the national human rights institution, was included in the 2022 and 2023 reports 109 of the Secretary-General following attempts to undermine the institution for its support to the work of the CICIG. Ms. Maselli faced criminal proceedings related to the exercise of her official duties on charges of alleged non-performance of duties and abuse of authority.110 According to information received by OHCHR, on 14 November 2023 the judge dismissed the criminal charges against her for abuse of authority and breach of duties. However, on 12 December 2023 the Third Chamber of the Criminal Court of Appeals revoked that decision.
  2. 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.
Followup Trends 1
Significant positive and negative developments
Did the government respond? 1
Yes