Helen Mack
Cases- Location of case in SG report
- 2019-041-010
- Relevant SG report
- Year of the report
- 2019
- From Country
- 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
- Dates of prior UN action
- 25 April 2019
- 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
Director of the Mack Foundation
- Type of rights defended
- Accountability & impunity
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
connected to her participation in an injunction request before the Constitutional Court regarding the unilateral termination of the agreement with the United Nations, which created CICIG
- Engagement with UN body
- CICIG
- Dates of engagement
- Unclear
- Type of attempted engagement
- Other
- Dates of mentioned reprisals
- Unclear
- Reprisal information
been subject to attacks and legal actions in connection to her participation in an injunction request before the Constitutional Court
- Types of reprisals suffered
- Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
- Defamation / Defamation campaign
- Alleged/likely perpetrators
- Unclear
- 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?
- 1
- In which SG report was this case followed up on? 0
- 2020
- Follow up information provided in SG report 0
Alleged acts of reprisals against judges, lawyers and prosecutors for their cooperation with the International Commission against Impunity in Guatemala (CICIG) were included in the 2019 report of the Secretary-General (A/HRC/42/30, para. 54–55, Annex I paras. 40–45) after special procedures mandate holders addressed multiple legal impeachment proceedings (antejuicios) and public stigmatization and vilification campaigns against judicial and civil society actors cooperating with CICIG. 55. In September 2019, the High Commissioner for Human Rights reported that Congress created a commission of inquiry to investigate alleged “illegal and arbitrary” acts by CICIG (A/HRC/43/3/Add.1, para. 39). During the period under review, OHCHR received reports that, in relation to the CICIG, three human rights defenders, 14 judges and magistrates, and 23 public prosecutors were the subject of unfounded criticism, on-line vilification, and intimidation during the hearings, and were mentioned in this commission’s final report. This included Ms. Helen Mack, from the Myrna Mack Foundation, whose case was included in the 2019 report of the Secretary-General (A/HRC/42/30, Annex I, para. 43). She was allegedly subject to attacks and legal actions, related to her participation in an injunction request before the Constitutional Court regarding the unilateral termination by the Government of Guatemala of the CICIG agreement with the UN. 41 63. On 23 July 2020, the Government responded to the note verbale sent in connection to the present report, noting that the newly elected President of Guatemala has created the Presidential Commission against Corruption. In this sense, the Government affirmed that the termination of CICIG’s functions has not prevented the competent national organs from continuing with the processes initiated to ensure access to justice. 64. The Government rejected allegations of stigmatization campaigns and reprisals against the Magistrates of the Constitutional Court, Judges of the Supreme Court of Justice as well as human rights defenders. It stated that there is a regulatory framework that allows actions by judicial actors who might feel intimidated, threatened, or denigrated. The Government stated that the rights of human rights defenders have not been limited, and shared information on complaints registered for cases of smear campaigns or stigmatization against defenders, as per the records of the Public Ministry. Regarding alleged reprisals against the national human rights institution, the Government informed that it has acted freely without restriction to its functions, and that this should not be confused with the actions of people who may feel aggrieved by its resolutions, declarations or actions.
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- No