A/HRC/57/60
99.
On 29 August 2023, arrest orders were issued against Mr. Juan Francisco Sandoval
Alfaro and Ms. Eva Siomara Sosa Pérez for abuse of authority. The case is allegedly linked
to their investigations at the General Attorney’s Office against Impunity, in collaboration
with CICIG, of alleged influence peddling by a Supreme Court justice (GTM 5/2023 and see
also Annex I).
100. During the reporting period, reprisals also allegedly continued against former judges
Mr. Carlos Ruano Pineda100 and Ms. Erika Aifán Dávila,101 judge Ms. Yassmín Barrios
Aguilar102 and judge Mr. Pablo Xitumul de Paz.103
101. In July 2023, mandate holders addressed allegations of criminalization of Mr. Ruano
Pineda and online attacks against him (GTM 3/2023), 104 to which the Government
responded.105 According to information received by OHCHR, legal proceedings to lift his
immunity continued during the period. On 6 September 2023, Mr. Ruano resigned from his
functions and left the country. In his 2023 report, the High Commissioner for Human Rights
noted that Mr. Ruano did not receive protection despite pursuing the relevant legal
remedies.106
102. On 3 May 2023, an arrest order was issued against former high-risk judge Ms. Aifán
for her judicial functions in a high-profile case investigated in collaboration with CICIG.
According to information received by OHCHR, Ms. Aifán phone has been hacked and her
communications have been interfered with.
103. On 6 July 2023, mandate holders addressed allegations of criminal investigations
against judge Ms. Yassmín Barrios Aguilar (GTM 3/2023) to which the Government
responded. 107 On 10 October 2023, mandate holders also addressed allegations of a
notification by the National Police announcing the withdrawal of her security (GTM 7/2023),
to which the Government responded.108
104. According to information received by OHCHR, Mr. Pablo Xitumul de Paz continues
to be suspended from his functions since his judicial immunity was lifted by the Supreme
Court of Justice on 9 February 2022. On 5 September 2023, the Prosecution requested a
detention order against him, but the judge did not authorize it.
105. The case of Ms. Claudia Maselli, former Deputy Ombudsperson of the national
human rights institution, was included in the 2022 and 2023 reports 109 of the
Secretary-General following attempts to undermine the institution for its support to the work
of the CICIG. Ms. Maselli faced criminal proceedings related to the exercise of her official
duties on charges of alleged non-performance of duties and abuse of authority.110 According
to information received by OHCHR, on 14 November 2023 the judge dismissed the criminal
charges against her for abuse of authority and breach of duties. However, on 12 December
2023 the Third Chamber of the Criminal Court of Appeals revoked that decision.
106. 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
100
101
102
103
104
105
106
107
108
109
110
GE.24-14259
A/HRC/54/61, para. 71 and Annex I. para. 54.
A/HRC/42/30, para. 54 and Annex I, para. 42; A/HRC/45/36, Annex II, para. 57; A/HRC/48/28,
Annex II, paras. 54, 57; A/HRC/51/47, Annex II, para. 76; A/HRC/54/61, Annex II, paras. 67 and 68.
A/HRC/42/30, para. 54 and Annex I, para. 42; A/HRC/51/47, Annex II, para. 76.
A/HRC/42/30, para. 54 and Annex I, para. 42; A/HRC/45/36, Annex II, para. 57; A/HRC/48/28,
Annex II, para. 54; A/HRC/51/47, Annex II, para. 76; A/HRC/54/61, Annex II, para. 69.
https://www.ohchr.org/en/press-releases/2023/07/guatemala-un-expert-concerned-proceedingsagainst-judge-carlos-giovanni.
See Government reply at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37693; and
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37694
A/HRC/55/21, para. 70.
See Government reply at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28223.
See Government reply at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28533.
A/HRC/51/47, Annex II para. 78; A/HRC/54/61, Annex II, para. 70.
A/HRC/49/20, para. 10.
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