A/HRC/57/60
Office 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).
92.
Alleged reprisals continued against prosecutors from the Special Prosecutor’s Office
Against Impunity (FECI) who investigated cases in collaboration with the CICIG.
93.
The case of Ms. Virginia Laparra Rivas, former FECI chief in Quetzaltenango, was
included in the 2022 and 2023 reports of the Secretary-General88 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.89,90
94.
On 18 May 2023, the Working Group on Arbitrary Detention issued opinion 24/2023
concerning Ms. Laparra Rivas considering her detention arbitrary and calling for her
release.91 On 26 December 2023, the Supreme Court of Justice ordered Ms. Laparra’s release,
which took place on 3 January 2024 after 680 days of detention, with alternative measures to
imprisonment such as house arrest. On 5 January 202492 and in his 2023 report,93 the High
Commissioner for Human Rights called on for her unconditional release. On 29 January
2024, Ms. Laparra requested the General Attorney’s Office to reinstate her as prosecutor. The
trial of the second criminal case against Ms. Laparra under charges of disclosure of
confidential information in Quetzaltenango is expected to start on 27 May 2024.
95.
The case of Ms. Samari Gómez Díaz, a prosecutor at FECI, was included in the 2023
report94 of the Secretary-General 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.
96.
On 14 June 2023 Ms. Gómez Díaz was acquitted of the charge of leaking confidential
information and released from prison after 309 days of detention. On 14 July 2023, mandate
holders addressed allegations of due process violations in her case (GTM 4/2023), to which
the Government responded.95 On 10 October 2023, an appeals court ordered a re-trial of the
case, which means that Ms. Gómez could be detained once the trial re-starts. Her case was
included in the 2023 report of High Commissioner for Human Rights. 96
97.
The cases of Ms. Siomara Sosa and Ms. Paola Escobar were included in the 2022
and 2023 reports of the Secretary-General97 on allegations of undue criminal proceedings and
charges of abuse of authority, usurpation of functions, obstruction to justice and false
testimony. The High Commissioner for Human Rights expressed concerns about violations
of the rights to liberty and to fair trial guarantees in their cases.98
98.
According to information received by OHCHR, on 15 May 2023 Ms. Escobar was
prosecuted for abuse of authority, even if a first instance judge had dismissed all charges
against her on 11 March 2022. On 18 August 2023, an appeals court revoked the detention
order. Ms. Escobar was released on 1 September 2023, after 109 days in detention. Her case
was included in the 2023 report of the High Commissioner for Human Rights. 99
88
89
90
91
92
93
94
95
96
97
98
99
52
A/HRC/51/47, Annex I, paras. 27–30.
GTM 1/2022 and GTM 6/2022. See Government replies at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36970;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27705.
See also https://www.ohchr.org/en/press-releases/2022/11/guatemala-un-expert-condemns-targetingprosecutor-and-judge.
A/HRC/WGAD/2023/24, para. 109.
https://x.com/UNHumanRights/status/1743321384212672709?s=20.
A/HRC/55/21, para. 68.
A/HRC/54/61, para. 71 and Annex I para. 52.
See Government reply at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37707.
A/HRC/55/21, para. 69.
A/HRC/51/47, Annex I, paras. 27–30.
A/HRC/52/23, para. 60.
A/HRC/55/21, para. 69.
GE.24-14259