A/HRC/48/28
mentioned in previous reports of the Secretary-General remain under travel ban (see
A/HRC/42/30, Annex II, para. 50).
52.
In two joint statement at the March 2021 session of the Human Rights Council, while
expressing concerns over restrictions to civil society, 26 and 31 Member States (see Annex
I), respectively recognized that the new NGO Law establishes a new legal framework more
favourable for the operation of civil society organizations, and underlined that it is “crucial
that the positive step of adopting the 2019 NGO law and recently its bylaws is urgently
implemented in a way that guarantees civil society to work freely and ensures full respect for
rights and freedoms stipulated in Egypt’s constitution and under international law”.160 During
the reporting period, special procedures mandate holders and the Spokesperson of the High
Commissioner for Human Rights addressed the use of NGO law as well as counter-terrorism
legislation and practices to target human rights defenders more broadly (see also Annex I). 161
Several civil society organizations raising human rights issues at UN fora, including at the
Human Rights Council and in side events on its margins, have been targeted in the media and
labelled as “terrorist organizations” (see EGY 6/2019).
11.
Guatemala
53.
Alleged acts of reprisals against judges and prosecutors, including those who work
on cases investigated by the International Commission against Impunity (CICIG), were
included in the 2020 and 2019 Secretary-General’s reports.162 During the reporting period,
OHCHR documented continued attacks against judges and prosecutors for their work in cases
investigated by the Attorney General’s Office with the technical assistance of CICIG. Many
of these attacks occurred in the context of elections of magistrates to the Supreme Court of
Justice and Court of Appeals for the period 2019–2024, and the election of magistrates to the
Constitutional Court for the period 2021–2026. Acts of intimidation and reprisals have
included requests to lift the judges’ immunity for criminal prosecution; the misuse of other
legal remedies/tools such as injunctions, disciplinary proceedings and habeas corpus
requests; and vilification campaigns on social media, including continued accusations of
corruption for real or perceived collaborations with the CICIG (A/HRC/46/74, paras. 10, 65–
68).
54.
On 22 October 2020 and 22 March 2021, special procedures mandate holders
addressed intimidation and attempts to impeach the magistrates of the Constitutional Court
and judges with competence in high-risk cases (GTM 10/2020 and GTM 3/2021,
respectively). On 26 June and 18 November 2020 and 3 March 2021, the Supreme Court of
Justice admitted proceedings to impeach magistrates of the Constitutional Court, Ms. Gloria
Porras and Mr. José Francisco de Mata Vela. On 7 August 2020, the Attorney General’s
Office referred additional requests to impeach magistrates Ms. Porras, Mr. de Mata Vela, and
other magistrates of the Court, including substitute magistrate Mr. Mynor Par Usen who
lost immunity on 14 April 2021 following the conclusion of his mandate as magistrate of the
Constitutional Court. 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.
55.
Ms. Porras, former president of the Constitutional Court, was re-elected to the bench
on 4 March 2021, and was due to resume her duties for another five-year term on 14 April
2021. On 23 March 2021, the Congress established an investigative commission to withdraw
Ms. Porras and Mr. de Mata Vela’s judicial immunities. The UN Special Rapporteur on
independence of judges and lawyers expressed concerns publicly on 19 April 2021 at
Congress’s refusal to swear in Ms. Porras, condemning the continued harassment and
160
161
162
60
Item 4, General Debate, 32nd Meeting, 46th Regular Session Human Rights Council, 12 March 2021,
at https://media.un.org/en/asset/k14/k141uwvm66 (time stamps 00:36:20 and 00:42:30).
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26523&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26682&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26739&LangID=E.
A/HRC/45/36, Annex II, paras. 56-59; A/HRC/42/30, para. 54, Annex I, paras. 40-42.