A/HRC/48/28 intimidation of members of the judiciary in the country. 163 On 6 May 2021, the current President of the Constitutional Court responded to the Congress committee of enquiry that Ms. Porras no longer has immunity. 56. Between May and September 2020, at least 20 criminal cases and disciplinary complaints were brought against the Head of the Special Prosecutor’s Office against Impunity, Mr. Juan Francisco Sandoval, allegedly as reprisal for his work in high-profile cases, including cases investigated with the technical assistance of the CICIG. 57. The President of the Supreme Court of Justice eliminated or reduced serious disciplinary sanctions against former personnel of Ms. Erika Aifán. The Special Rapporteur for the independence of judges and lawyers has raised her case (GTM 6/2019 164 ), most recently in March 2021, addressing allegations of increased attacks against Ms. Aifán, including death threats on social media. On 14 July 2020, the Constitutional Court granted Ms. Aifán a provisional writ of amparo that suspended the decision of Supreme Court of Justice to admit proceedings to impeach her (GTM 3/2021). According to information received by OHCHR, on 17 June 2021 the Constitutional Court revoked this amparo resulting in the continuation of the investigation process against her. 58. On 25 May 2021, the Government responded to mandate holders providing detailed information about the legal framework applicable to the cases mentioned above as well as measures adopted to guarantee the independence of the judiciary.165 59. The situation of the national human rights institution and its Ombudsperson, Mr. Augusto Jordán Rodas, was included in the 2020 and 2019 reports of the SecretaryGeneral166 following attempts to undermine the institution for its support to the CICIG’s work. The High Commissioner noted in her 2020 report on the situation of human rights in Guatemala, that Mr. Rodas has faced smear campaigns and attempts of interpellations in the Congress (A/HRC/46/74, para. 10). These attacks are related to injunctions presented by Mr. Rodas in favour of magistrates of the Constitutional Court, amongst others. On 6 May 2021, the High Commissioner expressed concern at attempts to remove Mr. Rodas. 167 60. On 26 August 2021, the Government responded to the note verbale sent in connection to the present report providing detailed information on the selection of Supreme Court and Appellate Court magistrates, including a timeline of actions by Congress between May 2020 and July 2021. The Government also provided information concerning the selection of Constitutional Court magistrates, in particular regarding the swearing into office on 13 April 2021 of the three newly appointed magistrates and four substitutes. Furthermore, the Government informed about the different protection measures adopted with respect to magistrates and judges within the framework of the interim measures requested by the InterAmerican Commission for Human Rights. 61. The Government also provided detailed information about the latest risks assessments and protection schemes provided to Ms. Gloria Porras Escobar, Mr. Francisco de Mata Vela, Mr. Mynor Par Usen, Ms. Erika Aifán, Mr. Pablo Xitumul, and Mr. Juan Francisco Sandoval. Regarding the situation of the national human rights institution (Procurador de Derechos Humanos), the Government informed that, since 2016, the institution has been granted a budget of at least 120 million Quetzals (about USD15.5 million), and that in 2020 the budget increased by 30 million Quetzals. The Government further stated that the institution has acted freely and without any restrictions. 12. India 62. The 2020 report of the Secretary-General168 referred to a July 2019 OHCHR report on the situation of human rights in Indian-administered Kashmir and Pakistan-administered 163 164 165 166 167 168 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27006&LangID=E. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35432. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36292. A/HRC/45/36, Annex II, para. 61; A/HRC/42/30, para. 55, Annex II, para. 52. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27063&LangID=E. A/HRC/45/36, para. 76 and Annex II, paras. 74–76. 61

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