A/HRC/48/28
intimidation of members of the judiciary in the country. 163 On 6 May 2021, the current
President of the Constitutional Court responded to the Congress committee of enquiry that
Ms. Porras no longer has immunity.
56.
Between May and September 2020, at least 20 criminal cases and disciplinary
complaints were brought against the Head of the Special Prosecutor’s Office against
Impunity, Mr. Juan Francisco Sandoval, allegedly as reprisal for his work in high-profile
cases, including cases investigated with the technical assistance of the CICIG.
57.
The President of the Supreme Court of Justice eliminated or reduced serious
disciplinary sanctions against former personnel of Ms. Erika Aifán. The Special Rapporteur
for the independence of judges and lawyers has raised her case (GTM 6/2019 164 ), most
recently in March 2021, addressing allegations of increased attacks against Ms. Aifán,
including death threats on social media. On 14 July 2020, the Constitutional Court granted
Ms. Aifán a provisional writ of amparo that suspended the decision of Supreme Court of
Justice to admit proceedings to impeach her (GTM 3/2021). According to information
received by OHCHR, on 17 June 2021 the Constitutional Court revoked this amparo resulting
in the continuation of the investigation process against her.
58.
On 25 May 2021, the Government responded to mandate holders providing detailed
information about the legal framework applicable to the cases mentioned above as well as
measures adopted to guarantee the independence of the judiciary.165
59.
The situation of the national human rights institution and its Ombudsperson, Mr.
Augusto Jordán Rodas, was included in the 2020 and 2019 reports of the SecretaryGeneral166 following attempts to undermine the institution for its support to the CICIG’s
work. The High Commissioner noted in her 2020 report on the situation of human rights in
Guatemala, that Mr. Rodas has faced smear campaigns and attempts of interpellations in the
Congress (A/HRC/46/74, para. 10). These attacks are related to injunctions presented by Mr.
Rodas in favour of magistrates of the Constitutional Court, amongst others. On 6 May 2021,
the High Commissioner expressed concern at attempts to remove Mr. Rodas. 167
60.
On 26 August 2021, the Government responded to the note verbale sent in connection
to the present report providing detailed information on the selection of Supreme Court and
Appellate Court magistrates, including a timeline of actions by Congress between May 2020
and July 2021. The Government also provided information concerning the selection of
Constitutional Court magistrates, in particular regarding the swearing into office on 13 April
2021 of the three newly appointed magistrates and four substitutes. Furthermore, the
Government informed about the different protection measures adopted with respect to
magistrates and judges within the framework of the interim measures requested by the InterAmerican Commission for Human Rights.
61.
The Government also provided detailed information about the latest risks assessments
and protection schemes provided to Ms. Gloria Porras Escobar, Mr. Francisco de Mata Vela,
Mr. Mynor Par Usen, Ms. Erika Aifán, Mr. Pablo Xitumul, and Mr. Juan Francisco Sandoval.
Regarding the situation of the national human rights institution (Procurador de Derechos
Humanos), the Government informed that, since 2016, the institution has been granted a
budget of at least 120 million Quetzals (about USD15.5 million), and that in 2020 the budget
increased by 30 million Quetzals. The Government further stated that the institution has acted
freely and without any restrictions.
12.
India
62.
The 2020 report of the Secretary-General168 referred to a July 2019 OHCHR report on
the situation of human rights in Indian-administered Kashmir and Pakistan-administered
163
164
165
166
167
168
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27006&LangID=E.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35432.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36292.
A/HRC/45/36, Annex II, para. 61; A/HRC/42/30, para. 55, Annex II, para. 52.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27063&LangID=E.
A/HRC/45/36, para. 76 and Annex II, paras. 74–76.
61