Miguel Angel Gálvez Aguilar

Cases
Location of case in SG report
2019-041-006
Relevant SG report
Year of the report
2019
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
  • Assistant Secretary-General
  • UN Special Procedures: Thematic
Dates of prior UN action
30 April 2018; 18 September 2018; 30 January 2019; 25 April 2019
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
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
  • Accountability & impunity
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
  • CICIG
Dates of engagement
Unclear
Type of attempted engagement
  • Other
Dates of mentioned reprisals
Unclear
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
  • Defamation / Defamation campaign
  • Online harassment
  • Profession-related reprisal
Alleged/likely perpetrators
Both state and non-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
23 April 2019; 24 June 2019
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
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
2022
Follow up information provided in SG report 0
  1. 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”.
Followup Trends 0
No substantive information provided by SG report
Date of follow up 0
1 July 2021
Did the government respond? 0
No
Was this case followed up by a UN body? 0
  • UN Special Procedures: Thematic
  • UN Special Procedures: UN Special Procedures - General
In which SG report was this case followed up on? 1
2023
Follow up information provided in SG report 1

  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. The case of Mr. Miguel Ángel Gálvez, a former High-risk Court judge, was included in the 2022 of the Secretary-General 90 on allegations of surveillance and harassment addressed by special procedures mandate holders.91 According to information received by OHCHR, on 15 June 2022, the Supreme Court initiated proceedings to impeach Judge Gálvez for abuse of authority, breach of duty, illegal arrests, and judicial abuse of power. In November 2022, Judge Gálvez resigned from his position and left the country denouncing lack of due process. On 22 and 25 November 2022, the Special Rapporteur on the independence of judges and lawyers regretted the legal proceedings against and targeting of Judge Gálvez (GTM 6/2022).92

  3. 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.

Date of follow up 1
22 and 25 November 2022; 2023
Did the government respond? 1
Yes
Was this case followed up by a UN body? 1
  • UN Special Procedures: Thematic
  • UN (Dep.) High Commissioner on Human Rights