Judges and prosecutors
Cases- Location of case in SG report
- 2019-040-001
- 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
- OHCHR: OHCHR Field office
- Dates of prior UN action
- 28 January 2019
- Type of record
- General situation addressed
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
especially those with jurisdiction in “high- risk” cases related to corruption, organized crime, and transitional justice
- 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
(presumably) collaboration with International Commission against Impunity (CICIG)
- Engagement with UN body
- Other
- Dates of engagement
- Unclear
- Type of attempted engagement
- Other
- Dates of mentioned reprisals
- Unclear
- Reprisal information
continued to face attacks, reprisals and intimidation. Such acts included spurious injunctions and requests to lift immunity in order to remove some of these judges from their posts (A/HRC/40/3/Add.1, paras. 15–18). A joint report by the national human rights institution (Procurador de los Derechos Humanos) and OHCHR, described numerous acts of intimidation and reprisals against judges, magistrates and prosecutors in cases of corruption and transitional justice which increased after November 2018, when the Government announced that it would unilaterally end the agreement with the International Commission against Impunity (CICIG). 75
- Types of reprisals suffered
- Profession-related reprisal
- Threats/Intimidations (incl. "fear of reprisal")
- 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
- 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?
- 5
- 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.
Judges in the High-Risk Courts have reportedly faced various attacks linked to their work, including requests to lift their immunity so they can be criminally prosecuted, smear campaigns in social media, and the appointment of support personnel who leaked information and documents from the courtrooms (A/HRC/43/3/Add.1, para. 36). In October 2019, the Inter-American Commission of Human Rights (IACHR) issued precautionary measures in favour of the 5 magistrates of the Constitutional Court. 45 60. On 10 January 2020, it was publicly noted that the Secretary-General was informed of the issuance of a report by a congressional committee in Guatemala on the work of the CICIG, and he called on the Guatemalan authorities to protect the rights and ensure the safety and security of former Commission staff, as well as justice operators and human rights defenders who work in support of the rule of law in Guatemala (SG/SM/19935). 46
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
- Stayed same
- Did the government respond? 0
- Yes
- Was this case followed up by a UN body? 0
- Secretary-General
- In which SG report was this case followed up on? 1
- 2021
- Follow up information provided in SG report 1
- 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).
- Followup Trends 1
- Stayed same
- Date of follow up 1
- 22 October 2020, 22 March 2021, 19 April 2021
- Did the government respond? 1
- Yes
- Was this case followed up by a UN body? 1
- UN Special Procedures: Thematic
- In which SG report was this case followed up on? 2
- 2022
- Follow up information provided in SG report 2
- Alleged acts of reprisals against a number of judges and prosecutors, in particular those who worked on cases investigated with the technical assistance of the International Commission against Impunity (CICIG), were included in the 2019, 2020 and 2021 Secretary-General’s reports. The Commission operated for 12 years in the country, until 2019, based on an agreement between the United Nations and the Government of Guatemala.
- Followup Trends 2
- No substantive information provided by SG report
- Did the government respond? 2
- No
- In which SG report was this case followed up on? 3
- 2024
- Follow up information provided in SG report 3
-
Alleged acts of reprisals against judges and prosecutors who worked on cases investigated with the technical assistance of the International Commission against Impunity in Guatemala (CICIG) have been included since 2019 in the Secretary-General’s reports.85 During the reporting period, the High Commissioner for Human Rights 86 and mandate holders87 noted developments on ongoing cases or situations included in previous reports.
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In its 2023 report to the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights (OHCHR) noted with concern that the Attorney General’sOffice and the judiciary took arbitrary and unfounded measures as retaliation against members of the judiciary, public prosecutors and lawyers who had investigated emblematic cases of corruption or human rights violations (A/HRC/55/21, paras. 66–75).
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Alleged reprisals continued against prosecutors from the Special Prosecutor’s Office Against Impunity (FECI) who investigated cases in collaboration with the CICIG.
-
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.
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- Followup Trends 3
- Deterioration/further reprisals
- Date of follow up 3
- 2023
- Did the government respond? 3
- Yes
- Was this case followed up by a UN body? 3
- UN (Dep.) High Commissioner on Human Rights
- In which SG report was this case followed up on? 4
- 2025
- Follow up information provided in SG report 4
- Alleged acts of reprisals against judges, lawyers and prosecutors for their cooperation with the International Commission against Impunity in Guatemala (CICIG) have been included in the reports of the Secretary-General since 201971, and have been addressed by multiple United Nations actors.
- The case of Ms. Claudia González Orellana was included in the 2024 report of the Secretary-General72 on allegations of arbitrary detention and prosecution in reprisal for her work with the CICIG during 2011-2019, and as a lawyer of justice officials who worked for or investigated cases with the technical assistance of the CICIG. The Special Rapporteur on the independence of judges and lawyers had expressed concerns regarding her detention and prosecution for “abuse of power,” reportedly in connection to a high-profile investigation with the technical support of the CICIG. (GTM 5/2023). Reportedly, in November 2023, Ms. González was released under non-custodial measures, including house arrest and a prohibition on leaving the country without authorization from the Court, after 81 days in detention. According to information received by OHCHR, during the reporting period, the trial against Ms. González continued behind closed doors. Reportedly, her request for the recusal of the presiding judge, on the grounds of alleged lack of impartiality, was denied. After several delays, the evidentiary hearing has been scheduled for August 2025.
- The case of Ms. Samari Gómez Díaz, a prosecutor at the Special Prosecutor’s Office Against Impunity (FECI), was included in the 2023 report of the Secretary-General73 on allegations of detention and prosecution for allegedly leaking confidential information to the former FECI Chief in connection with a high-profile case investigated with CICIG’s technical assistance.
- According to information received by OHCHR, in June 2023, Ms. Gómez Díaz was acquitted of the charge of disclosing confidential information and released from prison, following 309 days of detention. In July 2023, special procedure mandate holders addressed allegations of due process violations in her case (GTM 4/2023). Reportedly, an appeal court ordered a retrial of the case, which may result in her detention upon the resumption of proceedings. According to information received by OHCHR, based on the second instance judgement, three appeals of Cassation were filed in September 2024. The hearing on these appeals is scheduled for September 2025.
- The case of Ms. Virginia Laparra Rivas, former FECI Chief in Quetzaltenango, was included in the 2022 and 2023 reports of the Secretary-General74 on allegations of arrest, arbitrary detention, conviction and sentencing for her work with the FECI in high-profile corruption cases against public officials and organized crime, including many investigated with the technical assistance of the CICIG. In May 2023, the Working Group on Arbitrary Detention issued opinion 24/2023 considering her detention arbitrary (A/HRC/WGAD/2023/24, para. 109). In January 2024, Ms. Laparra was released under non-custodial measures, such as house arrest, prohibition to leave the country and biometric control checks every 15 days in court, after 680 days of detention.
- According to information received by OHCHR, on 8 July 2024, a second judgement was issued against Ms. Laparra, finding her guilty of disclosing confidential information from a case in 2017. She was sentenced to a commutable five-year sentence, a ten-year ban from holding public office, and a fine amounting to 50,000 quetzales. Right after the issuance of the sentence and under the constant threat of detention, Ms. Laparra decided to leave the country. In April 2025, the Public Prosecutor’s Office and plaintiffs reportedly requested the revocation of the alternative measures to the deprivation of liberty of Ms. Laparra. Even though the petition was dismissed by the sentencing court, plaintiffs reportedly requested that the Fifth Chamber of Appeals for Criminal Matters, Drug Trafficking and Crimes against the Environment of Quetzaltenango declare Ms. Laparra in contempt and revoke the alternative measures. They also reportedly requested that the International Criminal Police Organization (INTERPOL) issue a Red Notice for her international arrest. The Chamber has not yet responded to this request.
- The case of Ms. Leily Santizo, a lawyer and former CICIG employee, was included in the 2022 and 2023 reports of the Secretary-General75 on allegations of two undue criminal proceedings against her on charges of obstruction of justice. According to information received by OHCHR, during the reporting period, the Constitutional Court lifted the “total confidentiality” order in her case. Reportedly, this procedural measure, which restricts access to case information and proceedings for all parties, was requested over 28 times by the Public Prosecutor’s Office. Reportedly, a recusal request against the fourth judge of the Criminal Court is pending and arrest warrants issued against Ms. Santizo remain outstanding. Despite having left the country, Ms. Santizo has reportedly continued to suffer the consequences of ongoing criminal proceedings abroad, including efforts to issue an international migration alert and a formal extradition request.
- During the reporting period, reprisals also allegedly continued against former judge Ms. Érika Aifán, who has been included in reports of the Secretary-General since 201976 on allegations of intimidation, attacks and reprisals from State and non-state actors linked to her decisions on high impact and emblematic cases. Special procedure mandate holders addressed her case on several occasions.77 Reportedly, an arrest order was issued in May 2023 against Ms. Aifán in connection with her judicial functions in a high-profile case investigated in collaboration with CICIG. According to information received by OHCHR, in December 2024, a new arrest warrant was reportedly issued against Ms. Aifán and another individual, on the grounds that their personal relationship may have influenced her judicial decisions.
- The case of Mr. Juan Francisco Sandoval, former Chief of the FECI, was included in the 2020 and 2024 reports of the Secretary-General78, on allegations of intimidation and reprisals for cooperating with the CICIG.
- According to information received by OHCHR, one extradition request and seven arrest warrants have been issued against Mr. Sandoval, the last on 18 March 2025. Reportedly, on 13 March 2025, the Public Prosecutor’s Office added new charges that had not been originally considered.
- The case of Mr. Stuardo Ernesto Campo Aguilar, former anti-corruption prosecutor and former Chief of FECI, was included in the 2024 report of the Secretary-General79 in relation to his detention on charges of abuse of authority, due to a complaint in connection with his work on high-profile cases investigated with the technical assistance of the CICIG. Mr. Campo was arrested a second time on 1 December 2023. Throughout the reporting period, he has remained in detention. The High Commissioner for Human Rights and his office expressed concern in this regard, noting that his detention violates international norms and standards on deprivation of liberty, including those of reasonableness, necessity and proportionality.80
- The case of former Attorney General, Ms. Thelma Aldana, was included in the 2023 report of the Secretary-General81, regarding an arrest warrant issued against her in January 2023 on charges of conspiracy, obstruction to justice and abuse of authority in a high-profile case investigated with CICIG’s technical assistance. In 2019, Ms. Aldana left the country, and in 2022 and 2023, two extradition orders were requested against her on charges of abuse of authority, ideological falsehood, embezzlement, and fraud. According to information received by OHCHR, as of April 2025, the new Attorney General reportedly reiterated the extradition requests.
- The case of Ms. Claudia Maselli, former Deputy Ombudsperson of the National Human Rights Institution, was included in the 2022, 2023 and 2024 reports of the SecretaryGeneral82 following attempts to undermine the institution for its support to the work of the CICIG. She faced criminal proceedings related to the exercise of her official duties on charges of alleged non-performance of duties and abuse of authority. According to information received by OHCHR, on 13 August 2024, Ms. Maselli was sentenced to three years of non-commutable imprisonment and a four-year ban from holding public office. Reportedly, she has been granted alternative measures, including prohibition to leave the country and control checks every 15 days at the courthouse, until the ruling becomes final.
- According to information received by OHCHR, the case file against judge Mr. Pablo Xitumul de Paz, that was included in reports of the Secretary-General since 2020 in relation to high-profile cases investigated with CICIG’s technical assistance, 83 was transferred to the Second Criminal Court of First Instance in the jurisdiction of Guatemala City in early 2025, as all judges of Mixco recused themselves from hearing the case. At the time of this report, the defence team had not yet received notification of the transfer, nor of the new court taking control of the case.
- The case of judge Mr. Carlos Ruano Pineda was included in the 2023 and 2024 reports of the Secretary-General84 on allegations of criminalization and online attacks against him in relation to a complaint he filed before the CICIG and the FECI (GTM 3/2023). According to information received by OHCHR, in early 2024, he was declared in contempt of court, and the file was declared confidential. Reportedly, the employment benefits accrued over his 14 years of judicial service in the Judicial Branch have been seized. During the reporting period, and at the time of writing, the tenth Criminal Court of First Instance had not yet ruled on the appeal filed in February 2025 to review this decision.
- On 18 July 2025, the Government responded to the note verbale sent in connection to the present report expressing concern about ongoing practices within the justice system that violate the rights of human rights defenders, including justice officials, who have played a significant role in the fight against corruption and impunity in Guatemala. The Government acknowledged that the criminalization of human rights defenders remains a serious issue and reiterated its strong commitment to creating the necessary conditions for all defenders to carry out their work without coercion, intimidation, or reprisals.
- Followup Trends 4
- Deterioration/further reprisals
- Did the government respond? 4
- Yes