A/HRC/45/36
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
61.
The situation of the national human rights institution (Procurador de los Derechos
Humanos) and that of its Ombudsperson, Mr. Augusto Jordán Rodas Andrade, was
included in the 2019 and 2018 reports of the Secretary-General (A/HRC/42/30, Annex II,
para 52; A/HRC/39/41, para. 41 and Annex I para. 42) on reported attempts to undermine
the independence and effectiveness of the institution because of its cooperation with the
CICIG, as well as smear campaigns against Mr. Rodas Andrade and attempts to remove
him from office.
62.
According to information received by OHCHR, the Procurador has continued to face
cuts in its budget, threatening its ability to carry out its mandate. The budget cut made by
the Congress for 2019 corresponded to 20 percent of its operations budget and prevented
the institution from paying its employees from December 2019 to February 2020. In July
2019, the Constitutional Court ordered the immediate disbursement of funds, but Congress
has reportedly delayed the procedures. While the 2019 budget situation was finally solved,
reportedly the same budget cuts are in force for 2020. Further, attempts to remove Mr.
Rodas Andrade from office have continued; for example, in October 2019, Congress filed a
criminal complaint against him for abuse of authority, usurpation of functions, and breach
of duties.
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.
11.
Honduras
65.
The case of Ms. Hedme Castro, from ACI-PARTICIPA, and her relatives, was
included in the 2019 and 2018 reports of the Secretary-General (A/HRC/42/30, Annex II,
para. 53; A/HRC/39/41, para. 44 and Annex I, paras. 45–47) on allegations of
stigmatization, surveillance, threats and attacks for her cooperation with the Human Rights
Committee and the Human Rights Council (HND 2/2019).
66.
In July 2019 the Government47 noted that in April 2017, the case had been admitted
to the National Protection Mechanism for Human Rights Defenders, Journalists, Media
45
46
47
IACHR, resolution 56/2019, precautionary measure 28-19, October 2019,
http://oas.org/es/cidh/decisiones/pdf/2019/56-19MC28-19-GU.pdf.
UN, “International Commission against Impunity in Guatemala Contributes to Eradicating Corruption,
Impunity, Says Secretary-General,” (10 January 2020),
https://www.un.org/press/en/2020/sgsm19935.doc.htm.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34786.
63