magistrates, judges, and prosecutors for their work on cases investigated with the technical assistance of the International Commission against Impunity in Guatemala (CICIG)

Cases
Location of case in SG report
2023-050-001
Relevant SG report
Year of the report
2023
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
  • Secretary-General
  • UN (Dep.) High Commissioner on Human Rights
Dates of prior UN action
20 December 2022, 18 January 2023, 30 March 2023
Type of record
Unnamed individual/group/organization
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

the International Commission against Impunity in Guatemala (CICIG). The CICIG operated in the country for 12 years (2007–2019) based on an agreement between the United Nations and the Government of Guatemala.

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

those who worked for or cooperated with the CICIG, and individuals involved in efforts to combat impunity for human rights violations or working on high-profile anti-corruption cases.

Engagement with UN body
  • UN Peace Operation / Political mission
Dates of engagement
2007–2019
Type of attempted engagement
  • Other
Dates of mentioned reprisals
29 July 2022, 14 October 2022, 23 November 2022, 16 January 2023, 8 February 2023, 9 March 2023
Location of mentioned reprisals
Guatemala
Reprisal information
  1. Multiple United Nations actors noted concerns about new alleged cases of intimidation, dismissal, and criminal proceedings against magistrates, judges, and prosecutors for their work on cases investigated with the technical assistance of the International Commission against Impunity in Guatemala (CICIG). The CICIG operated in the country for 12 years (2007–2019) based on an agreement between the United Nations and the Government of Guatemala. During the reporting period, coordinated and targeted smearing, threats, intimidation and gender-based violence in the digital space continued to be reported against justice officials and lawyers, including in relation to their work with CICIG.
  2. On 20 December 2022,40 18 January41 and 30 March 2023,42 the United Nations High Commissioner for Human Rights expressed deep concern over the repeated intimidation, harassment and reprisals against justice officials, including those who worked for or cooperated with the CICIG, and individuals involved in efforts to combat impunity for human rights violations or working on high-profile anti-corruption cases. On 18 January 2023,43 the Spokesperson of the United Nations Secretary-General also expressed concern at the criminal prosecution exercised against justice operators and former officials of the CICIG.
  3. According to information received by OHCHR, on 29 July 2022, Ms. Samari Gómez, a prosecutor at the Special Prosecutor’s Office Against Impunity (FECI), was detained and prosecuted for allegedly leaking confidential information to the former FECI Chief regarding a high-profile case investigated with CICIG’s technical assistance. Following the charges, Ms. Gómez resigned from her position, and she has been held in solitary confinement since her detention. On 14 October 2022, an arrest warrant was issued against Mr. Carlos Videz, a former FECI prosecutor, on charges of abuse of authority in connection with a high-profile case investigated with CICIG’s technical assistance. Mr. Videz resigned and left the country in February 2023 in fear for his personal integrity and reprisals for his work.
  4. On 16 January 2023, an arrest warrant was issued against former Attorney General Ms. Thelma Aldana, a member of her staff, a lawyer and a former CICIG investigator on charges of conspiracy, obstruction to justice and abuse of authority in a high-profile case investigated with CICIG’s technical assistance. On 23 November 2022 and 9 March 2023, two extradition orders were requested against Ms. Aldana on charges of abuse of authority, ideological falsehood, embezzlement, and fraud. Ms. Aldana left the country in 2019.
  5. On 8 February 2023, the Supreme Court of Justice initiated proceedings to lift the immunity of Mr. Carlos Ruano, a first instance judge and member of the Guatemalan Association of Judges for Integrity, for a criminal complaint he pursued of a high-profile case that was later investigated by CICIG and FECI. Judge Ruano is facing charges for alleged usurpation of powers, decisions in violation of the Constitution, abuse of authority and breach of duties, amongst others.
Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
  • Charge/Investigation/Prosecution: Conviction
  • Charge/Investigation/Prosecution: Trial
  • Detention/Imprisonment: Detention/Imprisonment - General
  • 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
Government response dates
27 July 2023
Government response content
  1. On 27 July 2023, the Government responded to the note verbale sent in connection to the present report noting that it had no updates concerning the information reported on prosecutor Ms. Samari Gómez. It confirmed the criminal complaints filed against first instance Judge Mr. Carlos Ruano and against former Attorney General Mr. Carlos Videz and other individuals for the reported offence of abuse of power and also for breach of duties, influence peddling and illegal association amongst others. The Government also provided information on two cases against former Attorney General Ms. Thelma Aldana and other individuals, noting that in one case she had formally been indicted on various charges, including illicit association, money laundering and tax fraud amongst others and that preventive detention had been ordered, whereas in another case the file had been dismissed, and an opposition hearing to the dismissal had been scheduled.
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