Arévalo Acts to Remove Attorney General Consuelo Porras

As the four-month mark of the Bernardo Arévalo administration approaches, the battle between the president and Attorney General Consuelo Porras has intensified. In recent weeks as Porras has remained in office, the criminalization of human rights defenders and others has increased. A prosecutor who was shot at and injured in March and whose mother was killed in the assassination attempt has been arrested; criminal cases against Indigenous environmental leaders have been reactivated; and violence against defenders has increased. The young son of an Indigenous environmental defender was gunned down and killed by assassins in mid-April. On May 6, Arévalo took a bold step and submitted to the Guatemalan Congress a proposal that would allow the law governing the Public Ministry to be changed so that he can remove Porras from office. Porras has asked the Constitutional Court to block the action. More details are below. Governance Arévalo Makes a Bid to Remove Attorney General Porras On May 5, in a televised message, President Bernardo Arévalo announced that he would ask Congress for a reform so that the Attorney General can be removed from her position. He said the proposed law would re-establish parameters already in the Constitution for the removal of the attorney general. He pointed out that she is stalling investigations of corruption, such as the purchase of Sputnik vaccines and the relationship of former government officials with confessed drug traffickers, while prosecuting and jailing those who denounce corruption. He also noted that she led the attack against democracy by attempting to question election results without having the competence to do so. He had already invited Consuelo Porras to resign, and she had refused. Hours before his announcement, Consuelo Porras filed an appeal before the Constitutional Court to try to avoid her removal, alleging that the president was exceeding his authority and that his actions represented a true and imminent threat to the rule of law. On May 6, a crowd of supporters accompanied Arévalo to Congress to present the bill. Arévalo’s First Hundred Days Focus on Corruption but Fall Short of Hopes On April 23, President Bernardo Arévalo held a ceremony to mark his first hundred days in office. Speaking to the crowd gathered in Guatemala City, he outlined seven areas that his administration has addressed, including security, education, wildfire response, health care, and transparency. He announced he was lowering the president’s salary by 25 percent and signed the decree before the crowd. Prior to this, as Jeff Abbott points out in The Progressive, the Guatemalan president was one of the highest paid heads of state in the hemisphere, earning nearly $20,000 dollars per month prior to the decrease by Arévalo. In February, Arévalo’s administration launched the National Commission Against Corruption (CNC), which worked with ministries to expose acts of corruption linked to former president Alejandro Giammattei’s cabinet. The CNC reviewed over 1,400 public works contracts, most of which were left incomplete by the previous administration. During Arévalo’s initial hundred days in office, the CNC has filed 17 allegations of government corruption with Guatemala Attorney General’s office. In the first 59 days of Arévalo’s presidency, Guatemalan authorities reportedly seized nearly 5 tons of cocaine, doubling the amount confiscated in the entirety of 2023. María del Carmen Aceña, associate researcher at the National Economic Research Center (CIEN) and former Minister of Education, stated that the first hundred days have been complicated and this is due, in her opinion, to the fact that Guatemalans forget that in the first days of government, progress is slow. A chief complaint is that Arévalo has been unable to oust Attorney General Consuelo Porras, recognized as corrupt by the European Union,  the United States, and now Switzerland, as well. On April 10th, Switzerland announced sanctions against Porras, as well as against the Secretary General of the Public Ministry, Ángel Pineda; head of the Special Prosecutor’s Office Against Impunity Rafael Curruchiche Cucul; prosecutor Leonor Eugenia Morales Lazo de Sánchez; and Judge Fredy Orellana. On the occasion of President Arévalo’s first one hundred days in office, the 48 Cantones of Totonicapán held a press conference to address the primary concerns affecting the Maya, Garífuna, and Xinka communities. Edin Zapata Tzul, the president of the 48 Cantones, described the presidential period as “one hundred days of a spring that has yet to bloom.” The 48 Cantones emphasized the rising prices of basic necessities such as food and gasoline, increases which disproportionately affect Indigenous groups. Additionally, the 48 Cantones called for the immediate dismissal of prosecutor Consuelo Porras and allied judges due to concerns regarding impunity and corruption. They also stressed the importance of inclusion in the decisions of the government. “It is important that the Maya, Xinka and Garífuna peoples be included in the decisions of the current government for the betterment of our peoples, in economic, agricultural, natural resources, energy and mining, education, health, infrastructure and the priorities of the nation’s budget,” said Zapata Tzul. Arévalo Appoints Mayan Leaders as Governors After receiving criticism for including only one Indigenous Mayan in his cabinet, President Arévalo appointed twelve new departmental governors on April 25 and included nine Indigenous authorities and Mayan social activists and academics. Sololá, Alta Verapaz, Huehuetenango, Sacatepéquez, and Chimaltenango are among the departments with Indigenous governors. Semilla party affiliates were appointed in the Petén and in Suchitepéquez. Two governorships have yet to be appointed, as the executive branch did not consider any of the people proposed by the Departmental Development Committees to be suitable for the position. Arévalo named eight other governors in March. Arévalo’s New Minister of Environment Expresses Concern about Mines President Arévalo has appointed Patricia Orantes Thomas as the new Minister of Environment and Natural Resources (MARN) after dismissing María José Iturbide. Evidence had surfaced that María José Iturbide had misused official vehicles. Vox Populifound that Iturbide’s daughter used state-owned cars and security provided by the MARN. As a result, President Arévalo made the decision to dismiss Iturbide “to avoid any doubt about his administration’s commitment and zero tolerance for misuse of state resources and corruption.” On April 5th, President Arévalo tweeted that he would be working with anti-corruption commissioner Santiago Paloma to draft a new code of ethics for officials, including the appropriate use of government resources. Orantes, who prior to her appointment was a member of Congress affiliated with the Semilla party and was in fact one of the party’s founders, has expressed concern about the apparent illegality attending some mining licenses. Speaking before Congress on April 24th, she suggested the need for the Mining Law to be reformed. In relation to the license of the Cerro Blanco open pit gold mine, her office is carrying out an audit and will be making a report. She said the granting of the license “had enormous anomalies that are embarrassing, forged signatures and seals,” and she said she assumes the license will have to be canceled. New President of the Constitutional Court, Widely Believed to be Corrupt, is Seated On April 15th, Néster Vásquez Pimentel took office as the new president of the Constitutional Court, replacing Héctor Hugo Pérez Aguilera. Vásquez is included in the US State Department’s Engel list of corrupt actors for “undermining democratic processes or institutions by abusing his authority to inappropriately influence and manipulate the appointment of judges to high court positions.” Inclusion on this list entails the revocation of entry visas to the United States. His rulings have favored actors linked to corruption cases, such as Alejandra Carrillo and Otto Pérez Molina, among others. Vásquez was the only judge who opposed granting a constitutional protection to guarantee the inauguration of Bernardo Arévalo and Vice President Karin Herrera. Attacks on Defenders,  NGOs, and Judicial Personnel Sixteen-Year-Old Son of Indigenous Leader Shot to Death The sixteen-year-old son of a Maya-Poqomam leader opposed to sand extraction in Chinautla, Guatemala was gunned down on April 18, killed by assassins on a motorcycle. His brother, who was with him, was seriously injured. Denilson Alberto Vázquez Chacón and his brother, Lester Moisés Armando Vázquez Chacón, are the sons of an Indigenous authority of the Multisectoral Chinautla, Armando Vásquez. Together with the authorities of the surrounding communities, Vásquez has protested against sand extraction companies that have been damaging the environment. These companies have operated without a valid license for more than two years. About two months before the murder, on February 9, Denilson Alberto was run over and seriously injured by a sand extraction truck belonging to the company La Primavera, one of the many companies operating in the area whose activities Multisector de Chinautla has been protesting for years. Office of Save the Children Raided​​​​​​​​​​On April 25th, the Public Ministry’s Special Prosecutor’s Office Against Impunity (FECI) raided the headquarters of Save the Children, an international, nongovernmental organization that has been operating in Guatemala since 1976. According to the Public Ministry, the raid was part of a broader international investigation into cases of child abuse in Guatemala. Juan Luis Pantaleón, the Public Ministry’s spokesman, said the ministry was investigating a network of US-funded NGOs allegedly involved in trafficking migrant children. FECI head Raul Curruchiche revealed that the authorities had asked the attorney general’s office in Texas for help with the investigation. In a letter to Texas Attorney General Ken Paxton, Ángel Pineda, the ministry’s secretary general, accused Save the Children of sending children to Texas illicitly. The Guatemalan government confirmed that the prosecutor’s office contacted Paxton without going through the diplomatic protocols required for international collaboration. Save the Children disputes the allegations. As the New York Times points out, the inquiry is widely viewed as a political attack in a country with a history of targeting nonprofit groups and human rights organizations. Persecution of TSE Judges Intensifies The president of the Supreme Electoral Tribunal (TSE), Blanco Alfaro, and the four judges that are being prosecuted in the TREP case are facing a new accusation and threats to remove their immunity. The complaint, related to alleged irregularities in the presidential election, was filed on April 15th by the National Unity Party of Hope (UNE). On April 19, a congressional committee met to consider whether the TSE magistrates’ judicial immunity should be revoked. The decision-making process has not been completed. TSE judge Irma Palencia has filed an injunction before the Constitutional Court to halt two processes aimed at lifting her immunity that were initiated by the Supreme Court. She is facing accusations from the UNE party and others alleging that she committed fraud when purchasing the TREP electronic voting system. Palencia has argued that the complaints lack evidence and should be dismissed. Efforts to strip the magistrates’ immunity began last September, after Arévalo won the second round of voting and sectors opposed to his presidency alleged that fraud had occurred. Prosecutor Miriam Reguero Sosa Arrested after Raid on her Home On April 11th, prosecutor Miriam Reguero Sosa was arrested in her home following a raid. The Public Ministry’s initial accusations against her were money laundering, neglect of duties, and abuse of authority. According to the Public Ministry, the case arose from the follow-up to the investigation of an initial attack on Sosa in 2022, where armed assailants riding a motorcycle fired on Sosa’s vehicle, resulting in the death of her security guard. Sosa is the survivor of two armed attacks. In the second attack, carried out by armed assailants only two weeks before her arrest, Sosa’s mother and security guard were shot and killed and Sosa was injured. The suspects for the second attack have been apprehended. In a video clip from La Hora, Sosa is shown detained and surrounded by police forces. In the clip, Sosa states she is in disbelief that not only after 15 days of her mother’s burial the PM has resorted to arresting her, instead of employing an effective investigation to uncover the aggressors responsible for her attack. Sosa goes on to affirm she fears for her safety and blames the MP for any further physical harm which may occur to herself or to her family. At Sosa’s arraignment, the court found that there was not enough evidence to prove the possible commission of money laundering, and she was indicted only on the abuse of authority charge. It was determined that Sosa was not a flight risk and was released and granted house arrest without paying any financial bonds. Community Leader who Opposed Hydroelectric Dams in Huehuetenango Arrested On April 15th, Tomás Domingo Mateo, originally from San Mateo Ixtatán, was arrested on charges of conspiracy in the city of Huehuetenango. He was sent to the Santa Cruz del Quiché prison to await his first statement hearing. He is one of 23 community members slapped with arrest warrants by Judge Alex Eleodoro Cifuentes several years ago after peacefully opposing hydroelectric projects. According to the community, the complaint against Domingo Mateo was made by a representative of the company Energía y Renovación, which attempted to fraudulently build two hydroelectric plants. Otros Mundos AC/Friends of the Earth, an organization that works for the defense of the territory against extractive megaprojects, condemned Domingo Mateo’s arrest and expressed solidarity with the struggle of the Council of the Maya Wuxhtaj People. “This arrest is directly related to the legal and political persecution of which leaders and leaders of river defenders have been victims in the context of the imposition of private hydroelectric projects in northern Huehuetenango. Tomás Domingo Mateo was arbitrarily denounced by operators of the company Proyecto de Desarrollo Hídrico (PDHSA) since 2016, when he served as a community authority,” the Council pointed out. “[T]his arrest is part of a series of destabilization acts that are taking place at the national level, as well as the reactivation of the legal and political persecution against human rights defenders in Guatemala.” Criminalization of Maya Ch’orti’ Authorities Opposed to Mine Continues On April 12th, four Maya Ch’orti’ authorities who are part of a peaceful resistance movement against Cantera los Manantiales, an antimony mine, were ordered to stand trial. The case against the men had been closed last year, but after the Public Ministry appealed, Judge Juan José Regalado from the First Criminal Court of Chiquimula sent the men to trial. Juan Carlos Pérez Canán, Leonor Crisóstomo Méndez, Guillermo Ramírez Pérez, and Fredy Geovany Ramírez Ramírez are accused of illegally detaining Odilio de Jesús Guzmán Salazar and Rony Leonardo Guzmán Guzmán, who are the purported owners of land where Los Manantiales operates in Olopa, Chiquimula. The First Criminal Court Judge had ruled to dismiss the case. According to defense attorney Jovita Tzul, there are now ten community members who will face trial in this case of persecution against the anti-mining resistance. Six of the ten leaders currently have alternative measures in the same criminal process. Since 2012, the Maya Ch’orti’ communities of Olopa have been criminalized and persecuted by the company Cantera Los Manantiales, which sought to establish itself in the territory for the extraction of materials such as antimony. As Front Line Defenders has noted, “Guatemalan human rights organizations have accused the Cantera Los Manantiales mining company, located in Chorti ’de Olopa, Chiquimula of committing serious human rights violations against indigenous peoples. In November 2019, the Supreme Court suspended the license of the mining company Cantera Los Manantiales and the Court of Amparos granted the Maya Ch’orti Indigenous Council of Olopa a provisional protection against the risks they were exposed to as a result of the mining activities, following the company’s violation of the agreements it had signed with the community.” Steps Toward Justice Ixil Witnesses Begin Testifying Against General Benedicto Lucas García On April 5th, Guatemala City’s Highest Risk Court “A” began hearing arguments on the Ixil genocide trial. Survivors state that General Benedicto Lucas García directed several massacres against the Ixil community in 1982. As the Chief of Staff of the Army, he identified the Ixil peoples of Santa María Nebaj, San Juan Cotzal, and San Gaspar Chajul as “the enemy within.” He is accused of ordering more than 30 massacres and destroying 23 villages in the Maya Ixil region, causing the death of at least 1,128 people when he led the army between 1981 and 1982, when his brother Romeo Lucas García was in power. Guatemala’s thirty-six-year counterinsurgency campaign against a small guerrilla force relied on “dirty war tactics” and scorched earth operations, culminating in the genocide of nearly 200,000 people, 83 percent of whom were Indigenous. Lucas, 91, was convicted on May of 2018 in a separate case for the rape of Emma Guadalupe Theissen and the forced disappearance of her brother Marco Antonio Molina Theissen. He was sentenced to 58 years in prison.Since the trial began, testimonies from survivors have been presented. The lawyers of General Benedicto Lucas García asked the High Risk Court to restrict the media from broadcasting the hearings of witnesses and experts. His lawyers argued that before testifying the witnesses cannot communicate with each other or be informed of what is happening in the trial. Furthermore, they said the  request was “based on good faith litigation and so that the evidence is not contaminated.” The plaintiffs’ lawyer opposed the request and the Court ruled that there was no issue with broadcasting the trial or with the media being present. The former general seeks acquittal with immediate freedom. Only the genocide trial has kept him in prison. Last summer an appeals court ordered his release in relation to his 2018 conviction, but he remained in pretrial detention because of the genocide charge.  Lucas García denies the charges of genocide, crimes against humanity, forced disappearances, and sexual violence against the Ixil. Human rights organizations have been increasingly exasperated by the slow-moving legal process seeking to redress war crimes committed nearly 42 years ago. This frustration is exacerbated by setbacks, such as the death of Lucas García’s co-defendant, retired colonel César Octavio Noguera Argueta, and the finding that his other co-defendant, Manuel Callejas y Callejas, was unfit to stand trial due to age-related conditions.

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Arévalo Attempts to Balance Commitments to Justice and Private Sector Interests

The spring in Guatemala has been full of events, as President Bernardo Arévalo tries to balance relationships with the private sector and the United States while pushing forward on his commitments to justice for all sectors and transparency within his own government. The pushback against progress on these fronts is ongoing. Arévalo and his vice president, along with his party’s most powerful member of Congress, risk losing their immunity and being prosecuted. Meanwhile, armed violence has re-emerged as a tactic in at least one case involving a prosecutor, and criminalization of Indigenous activists and others continues. While it’s impossible to catalog all the news, we provide a glimpse in the update below.  

The New Administration’s Relations with the United States

• President Arévalo meets with President Biden and Vice President Harris at the White House

On March 25th, President Arévalo met with Vice President Kamala Harris and later with President Joe Biden at the White House to discuss good governance, effective migration management, and economic opportunities. According to a White House press release, Vice President Harris announced that the United States intends to provide $170 million to Guatemala for development, economic, health, and security assistance for Guatemala, subject to Congressional notification, including a planned USAID investment of $135 million. This assistance will support efforts to combat corruption; conserve biodiversity; scale agricultural technologies; and improve health outcomes, inclusive of all Guatemalans, especially Indigenous communities. USAID will work with the Guatemalan people to deepen locally led development; protect human rights; promote social inclusion of women, youth, and indigenous people; and expand broad-based economic growth. President Biden thanked President Arévalo for his leadership in hosting the next Los Angeles Declaration for Protection and Migration Summit planned for later this spring and emphasized the importance of continuing to advance the Biden-Harris Administration’s Strategy For Addressing the Root Causes of Migration in Central America. 

• Minister of Environment  Reveals Authorization of Cerro Blanco Mine

The Ministry of Environment and Natural Resources (MARN) recently confirmed that the Cerro Blanco mine in Asunción Mita, Jutiapa, has been authorized to operate. The MARN revealed the news in a a public statement made  by Minister María José Iturbide.  The controversial  gold mine was given authorization to operate by the former MARN under the  Giammattei administration, five days before former president Giammattei’s  departure from office  The period in which the authorization could have been revoked expired one day before Minister Iturbide’s March 25th announcement. The mine is owned by a Canadian company, Bluestone Resources. The mine  has triggered widespread protests from both Guatemalan and Salvadoran communities concerned about profound environmental impacts. Of particular concern is the potential impact on the El Tempisque stream, a tributary to Lake Güija, which in turn connects with the Lempa River, traversing the border with El Salvador. The Extractive Industries Observatory (OIE) has warned of the imminent risk of contamination to these vital water bodies, which millions of people depend on as their primary source of water. On September 18, 2022, the population of Asunción Mita carried out a municipal consultation of residents based on the Municipal Code, in which the inhabitants of the municipality were asked whether they agreed or disagreed with the mining project. A total of 7,481 people voted no to mining, while 904 voted in favor. The result of the Municipal Consultation of neighbors is directly binding.

Nonetheless, in March 2023, the US embassy in Guatemala advocated with the Giammattei administration in favor of the reactivation of the Cerro Blanco mining project, according to an article in Prensa Comunitaria. Through two letters addressed to Gersón Barrios Garrido, then Minister of Environment and Natural Resources (MARN), the US diplomatic mission requested “support to know the progress of the approval process of the modification of the environmental plan in order to continue assisting US investors interested in investing and contributing to the economic development of Guatemala.” The first letter, dated March 30, 2023 and signed by John Howell, commercial counselor of the US embassy, informs Minister Barrios Garrido that “Elevar Resources, S.A. is a subsidiary of Bluestone Resources Inc., a company that has substantial capital from investors of United States of America (USA) . . . .” 

Violence and Criminalization

• TSE Judges Indicted for Fraud in TREP Procurement Case

On March 14, several Supreme Electoral Tribunal (TSE) judges were indicted on charges of fraud, abuse of authority, and noncompliance with duties by the Twelfth Criminal Court. The charges relate to the judges’ alleged involvement in irregularities surrounding the acquisition of the Preliminary Electoral Results Transmission System (TREP) used during the 2023 elections. Judges Irma Elizabeth Palencia Orellana, Mynor Custodio Franco Flores, Gabriel Vladimir Aguilera Bolaños, and Ranulfo Rafael Rojas Cetina had presented themselves voluntarily at the courthouse, and had arrest warrants pending since January. The Public Ministry had asked last September that their immunity be lifted, a request that the country’s Supreme Court ruled in favor of before sending the matter on to the Guatemalan Congress, which lifted the judges’ immunity in December. Palencia in December denounced the attempt to prosecute the judges as a means of undermining the electoral results, a concern shared by the Guatemala office of the United Nations High Commissioner for Human Rights. While Palencia was cleared of abuse of authority accusations, the other magistrates were not. Despite the Public Ministry’s request for pretrial detention, the judge opted for substitute measures, including house arrest, monthly appearances to sign in at the Public Ministry, a ban on contacting the involved company or any individuals who presented evidence at the hearing, and a prohibition on leaving the country. The accused were also required to pay bail of Q100,000 (US$12,837) or face arrest. They would be allowed to continue working as TSE judges, a decision their lawyer expressed satisfaction with, since the TSE is undertaking a process of electoral reform. Begun in February, the Electoral Updating and Modernization Commission (CAME) is a mechanism aimed at strengthening the Electoral and Political Parties Law and consists of the magistrates of the TSE, a representative and alternate of each political party, representatives of social organizations, and academic institutions accredited before the electoral body. 

In early April, however, the Public Ministry’s Prosecutor’s Office for Administrative Crimes successfully appealed the substitute measures. The judges, under the new measures, are not allowed to work in their positions as TSE judges, must have no contact with other TSE magistrates, cannot visit the TSE office, and must pay a bail of Q700,000 ($89,814). The abuse of authority charge against Palencia was reinstated. The Public Ministry requested and was granted five additional months to carry out its investigation and present its conclusions. The next hearing in the case is scheduled for August 29.  

• Prosecutor Miriam Reguero Targeted in Armed Attack

On March 27 in Zone 3 of Guatemala City, armed assailants on a motorcycle fired on prosecutor Miriam Aida Reguero Sosa as she traveled in her vehicle with her mother and her bodyguard. Roguero’s mother and her bodyguard were killed, and Roguero was injured. The assault occurred in a commercial area in the southern part of the city. Roguero works for the Public Ministry in the Special Prosecutor’s Office of the Metropolitan District Prosecutor’s Office for Property Registry Frauds and has worked on a fraud case involving a network of lawyers who defrauded citizens by buying and selling real estate. Reguero’s mother, Miriam Sosa, and the prosecutor’s security agent, Carlos González, succumbed to their injuries hours after the attack.The Public Ministry in a statement pledged to spare no effort in investigating the crime and bringing the perpetrators to justice. Mirian Reguero had previously been targeted in a similar attack in October 2022, where her bodyguard was killed. 

• Trial of General Manuel Benedicto Lucas García Postponed

The genocide trial of Manuel Benedicto Lucas García, former Chief of the General Staff of the Guatemalan Army, slated for March 25, has been postponed until April 5th following the resignation of two defense attorneys. Lucas García stands accused of genocide, crimes against humanity, forced disappearances, and sexual violence. These atrocities were perpetrated against the Ixil Indigenous people in the department of Quiché between August 16, 1981, and March 23, 1982, when his brother, Fernando Romeo Lucas García, was president of Guatemala. Prosecutors allege that policies implemented under Fernando Romeo Lucas García led to massacres and other heinous crimes targeting the Maya Ixil population. General García’s alleged actions resulted in the loss of at least 1,421 lives and the obliteration of 23 entire villages through methods such as arson, destruction of livelihoods, persecution, forced displacement, and bombings. 

The trial represents the second prosecution for genocide in Guatemala, with the first occurring in 2013 against José Efraín Ríos Montt. Ríos Montt, who orchestrated a coup that deposed Fernando Romeo Lucas García on March 23, 1982, was initially convicted of genocide and crimes against humanity for the massacre, torture, rape, and displacement of Indigenous communities during the early 1980s. However, the verdict was subsequently overturned on a technicality by Guatemala’s Constitutional Court. 

• José Rubén Zamora’s Trial Postponed for Fifth Time

On March 20th, Judge Jimi Bremer suspended proceedings in the trial of journalist José Rubén Zamora for the fifth consecutive time. According to Zamora, former director and founder of the Guatemalan daily El Periodico, the trial was suspended because one of the parties asked that the judge be recused. Zamora made clear that his defense team had not made the request. He said the motion must have been filed by the so-called Foundation Against Terrorism, the plaintiff in the case, or by the Public Prosecutor’s Office. Zamora, who has been in pretrial detention since July 2022, has reportedly experienced improved conditions in prison following President Arévalo’s assumption of office in January, as observed by Artur Romeu, Director of Reporters Without Borders’ Latin America Bureau. 

• Supreme Court Can Proceed to Consider Lifting Arevalo’s Immunity    

Guatemala’s Supreme Court has dismissed requests for the recusal of two judges in the case against President Bernardo Arevalo, Vice President Karin Herrera, and Congressman Samuel Perez. The Court’s decision, revealed on March 26, means that the Court can proceed with considering a request to remove the immunity of the three in order to prosecute them. The requests for the lifting of immunity were made in December by the  Special Prosecutor’s Office Against Corruption and Impunity (FECI) and the Prosecutor’s Office for Crimes Against the Cultural Heritage of the Nation.  Attorney General Consuelo Porras is pursuing multiple investigations of Arévalo, including for allegedly encouraging a monthslong takeover of a public university by students. It also contends his party committed wrongdoing when it gathered petition signatures required to form years earlier. 

• Lawyer Claudia González Indicted for Alleged Abuse of Authority

At the request of the Public Ministry (MP), Judge Jimi Bremer has proceeded to send Claudia González, an anti-corruption lawyer, to trial for alleged abuse of authority. González,former head lawyer for  the International Commission against Impunity in Guatemala (CICIG), was arrested in August 2023 and spent 81 days in prison before being released to house arrest in November. . The charges against her stem from from González’s involvement in investigating Supreme Court justice Blanca Stalling, who was prosecuted for pressuring a judge in a case involving Stalling’s son. After CICIG was forced out of Guatemala, Stalling in 2022 was reinstated as a judge and the charges against her were dropped. The charges against González are inappropriate because only public officials can be charged with abuse of authority and González was at no point a public official. 

During the hearing conducted on March 18th, González contended that the accusation of abuse of authority lacked specificity, emphasizing that Judge Bremer failed to consider the defense strategies she presented. She underscored her status as a non-public official, asserting the inapplicability of the alleged crime to her circumstances. Notably, the presiding judge overseeing her trial, Judge Jimi Bremer, faces international sanctions from multiple countries due to allegations of corruption and human rights transgressions. Various organizations, including the United Nations Secretary-General, have expressed concern about  the prosecution of González. 

• Human Rights Defender Sofía Tot Ac Sentenced to More than Three Years in Prison 

Sofia Tot Ac, a respected Indigenous Poqomchi leader, was sentenced to three years and four months in prison on March 20. Tot dedicated herself to various community initiatives including mobile schooling, adult literacy programs, clean water projects, healthcare missions, and advocacy for land rights in the municipality of Purulha, located in the department of Baja Veracruz. Her case has prompted renewed attention to the challenges faced by Indigenous communities defending their ancestral territories, including defamation and criminalization. Tot was arrested in June 2022 and charged with usurping private property in a protected area. Throughout her trial, Sofia Tot Ac was represented by the Human Rights Law Firm, which is accompanied by Peace Brigades International. Prior to her sentencing, on March 18th, US Senator Ed Markey voiced his concern on Twitter, calling Tot’s prosecution an attempt to intimidate human rights defenders and calling on the judge to issue a fair verdict. 

Progress toward Justice

• Arévalo Files Charges Against Porras and Pineda

On February 29, President Arévalo  filed charges against Attorney General Consuelo Porras for dereliction of duty and asked that her immunity be lifted. The Supreme Court has not yet heard the request. The Arévalo administration on March 7 filed a complaint with the Office of the Comptroller General of Accounts against Ángel Pineda, who works under Attorney General Consuelo Porras as Secretary General of the Public Ministry. The complaint alleges that Pineda and former president Alejandro Giammattei may have misused public funds when they hired a US law firm to assist in the political persecution of Guatemalans in exile in the United States. In November 2021, Pineda reportedly advised Giammattei to hire a law firm to “defend the interests of the government” in light of statements made on social media by former prosecutors who had fled into exile. The Giammattei administration hired the firm Greenberg Trauring at a cost of more than $59,000 per month, paid out in 2021 and 2022. 

• Arévalo Apologizes to Mother of María Isabel Véliz Franco on Behalf of the State

As part of his diplomatic trip to Washington, President Arévalo signed an official act of apology to the mother of a murdered teenager and her family. María Isabel Véliz Franco was murdered in 2001, at the age of fifteen, after heading out to her job at a clothing store. Her body was found two days later, mutilated and with signs of sexual abuse. The government’s apology satisfies part of a 2014 Inter-American Court of Human Rights ruling that condemned Guatemala for violating the human rights of Franco’s daughter and ordered the nation to apologize to her family. The Court’s ruling states that the government failed to comply with its obligation to prevent femicide because police did not promptly investigate Véliz Franco’s disappearance, in spite of the increasing number of femicides in the country. Furthermore, they did not investigate the crime from a gender perspective, and they shifted the blame onto the victim and her family. 

• Recognition Accorded to Virginia Laparra for Anti-Corruption Advocacy

On March 8th, Virginia Laparra, a distinguished anti-corruption prosecutor, was recognized for her exceptional contributions by President Arévalo and Vice President Karin Herrera on International Women’s Day. Former head of the Special Prosecutor’s Office in Quetzaltenango, Laparra earned the prestigious Order of Labor Excellence medal for her unwavering commitment to upholding integrity and accountability. The ceremony, hosted at the former Government Palace, honored Laparra alongside 24 other distinguished women. Laparra, who endured nearly two years of prison, thanked her family in her acceptance speech and said she would remain dedicated to doing quality work, informed by values and principles. 

EU Supports Arévalo’s Anti-Corruption Agenda, as Struggles with the AG Continue

• European Union Sanctions Porras and Four Others for Undermining Democracy
  
  On February 2, the European Union sanctioned Attorney General Consuelo Porras and four other officials for their roles in undermining democracy, the rule of law, and the peaceful transfer of power in Guatemala. In addition to Porras, these sanctions, which include asset freezes and prohibit EU citizens and companies from providing funds to the individuals, target the Secretary General of the Public Ministry, Angel Pineda; Head of the Special Prosecutor’s Office Against Impunity, Rafael Curruchiche; prosecutor Leonor Morales; and Judge Fredy Orellana. All are barred from entering or transiting through EU territories. In announcing the sanctions, the EU reaffirmed its commitment to supporting democracy in Guatemala and expressed willingness to collaborate closely with President Arévalo’s administration on mutual interests, including strengthening the rule of law, promoting sustainable economic development, and advancing social justice for the Guatemalan population.
  
  
• Attorney General Porras and President Arévalo Spar Over Meetings
  
  Throughout the first weeks of his presidency, President Bernardo Arévalo’s relationship with Attorney General Consuelo Porras has been rocky. Porras’ resignation was a main demand of the thousands of Indigenous communities and leaders who called a national strike last fall and demonstrated for months outside the Attorney General’s office. Arévalo had publicly stated that he would ask her to resign. During his first week in office, Arévalo sent a formal letter to Porras, asking her to meet with him on January 24th to discuss a series of cases and protocols of concern. Instead of agreeing to the meeting, Porras released a video stating that she would not be resigning from her position until her term end, two years of which remain, and that revealing information about cases to anyone not involved in them would be illegal. In the video, she argued that the Public Ministry was independent, not subject to any power of the State. Arévalo then extended an invitation to Porras to attend a cabinet meeting on January 29th, noting that the law required her attendance. Porras briefly attended, leaving after about fifteen minutes, arguing that her presence beyond that point was illegal. President Arévalo in a press conference said the Attorney General left, citing legal strictures that didn’t apply, and he alleged that her early departure evidenced a lack of willingness to comply with the law that required her presence. Porras took the initiative next, inviting President Arévalo to a meeting on February 7th. Arévalo did not attend but sent  Minister of the Interior Francisco Jiménez in his stead. After the meeting, Jiménez announced that the administration would seek inter-institutional approaches and would work with the Attorney General’s office. “The collaboration and joint work with the Public Prosecutor’s Office is an essential element to achieve the objectives that we have set as a new government in the area of security,” said Jiménez. He spoke together with Porras in a press conference following the meeting.
  
  
• Constitutional Court Rules Semilla Cannot Have Party Representation in Congress

On January 30th, the Constitutional Court ruled that representatives affiliated with the Semilla Movement cannot be recognized as members of that party within the Congress of the Republic. With this decision, the Court confirmed a prior ruling by Judge Fredy Orellana, who cited alleged illegalities related to the party’s founding. The Special Prosecutor’s Office against Impunity has accused Semilla of using falsified signatures to gain official party recognition and subsequently participate in the 2015 elections. As a result of this ruling, the party’s congressional representatives will have to function as independents and are barred from holding leadership positions in Congress and from participating in working committees.

• Affected Communities Resist Reactivation of the Cerro Blanco Mining Project

Residents of Asunción Mita, Jutiapa and representatives of environmental organizations from El Salvador held a press conference on January 31 to denounce the Cerro Blanco open-pit mining project, which would affect an important river located in the common border area. The Canadian company Bluestone Resources, Inc., which owns the mine, revealed that in early January, Guatemala’s Ministry of Environment and Natural Resources had authorized the transition from an underground mine to an open-pit mine. This change reportedly would affect the course of the Lempa river, the most important river in El Salvador and bordering Guatemala.

In response, Salvadoran and Guatemalan organizations asked the authorities of both countries to take a stand against the project, which they described as illegal and unfeasible. They alleged corruption in mining license procurement and announced plans to challenge the issue at the Inter-American Commission of Human Rights.

• Residents Block Attempted Eviction in Alta Verapaz

On January 31st, more than 100 National Civil Police (PNC) patrol cars, along with riot police and other government authorities, were blocked by residents as they attempted to enter the village of Ch’ina Cangüinic, about an hour away from the city of Cobán, in the department of Alta Verapaz. The police apparently intended to carry out an eviction. Residents received word that police were approaching, and a group of individuals coordinated efforts to obstruct the PNC’s access to the village, ultimately compelling the PNC to withdraw from the area. According to reports, shots were fired and some of the community residents were injured.

• Journalist José Rubén Zamora’s Retrial Postponed

On February 5th, esteemed Guatemalan journalist José Rubén Zamora, founder and director of El Periodico, appeared briefly in court before his hearing was suspended as the presiding judge, Jimi Bremer, was summoned for an evaluation by the Judicial Career Council. Observers from Reporters without Borders, along with journalists and diplomats, were denied access due to the limited space in the courtroom. The session lasted 15 minutes before being adjourned. The trial will resume on February 21. Zamora has been detained for over 550 days in connection with politically motivated charges, including money laundering, conspiring to obstruct justice, and other charges. An appeals court last October ordered a retrial, annulling both his conviction and his acquittals on influence peddling and blackmail charges. Patrick Ventrell, Chargé d’Affaires at the US Embassy in Guatemala, visited Zamora in prison last month to evaluate his health and his treatment and reaffirmed the United States’ commitment to independent journalism and free expression.

• Police Officers Convicted  for Illegal Detention of Journalist Norma Sancir

On January 31st, Judge Jorge Douglas Ochoa delivered a verdict convicting two agents and a retired commissioner of the National Civil Police for the illegal detention and abuse of authority against journalist Norma Sancir. Norma, a Kaqchikel Mayan journalist, was unlawfully arrested on September 18, 2014, while covering a protest eviction in the Ch’orti’ Mayan region. Despite identifying herself as a journalist and presenting her credentials, she was accused of various offenses and spent five days in detention before being released by a judge due to insufficient evidence. The trial, which had been delayed for over nine years, was suspended 14 times as the defense attempted to prolong the process. Former commissioner Ceferino Salquil Solval and police officers Olga Leticia Segura and Mirna Marleny Agustín were each sentenced to 3 years and 9 months in prison by Judge Ochoa.

• Victims Give Final Testimonies in the Alaska Massacre Trial

Last month, in the Alaska Massacre trial, the court heard the final statements of the Public Prosecutor’s Office and the victims of the massacre, which took place in Totonicapan at the Alaska Summit (Cumbre de Alaska) in Totonicapan in October 2012. The massacre claimed the lives of six people who were protesting, while more than two dozen others were injured. On January 23rd, prosecutors recommended sentences for nine soldiers accused, ranging from 16 to 25 years. Expert reports confirmed the peaceful nature of the demonstration. Evidence presented linked shell casings to military weaponry, affirming the victims’ claims that the soldiers fired on them. On February 5th, following emotional testimony from widows and injured survivors, including Adan Pedro Sapón, the trial is progressing to the verdict stage. The wives of the victims and the injured men delivered poignant final statements, highlighting the emotional toll of the massacre on their families. They shared their experiences of widowhood, parental responsibilities, and the enduring trauma caused by the massacre. Authorities from the 48 Cantons of Totonicapán, human rights observers, including GHRC staff, and other Indigenous supporters and leaders attended the hearing. On February 14th, the defendants will present their final statements.

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Guatemalan Government Attempts to Carry Out Coup

GUATEMALA Week in Review

Public Ministry Declares Election Results Invalid, Files More Charges Against Arévalo 
On December 8, Guatemala’s Public Ministry announced that it had found inconsistencies in the electoral results and said the results were invalid. As a consequence of the raids carried out on September 12 and 29 at the Supreme Electoral Tribunal facilities (TSE), the Public Ministry said, “it was established that there were illegalities in the safekeeping of the electoral boxes.” The Public Ministry also said that in the boxes “there was no document 4, which contains the data of the votes obtained by the candidates.” In a September 29 raid on the offices of the TSE, Public Ministry officials forcibly removed numerous boxes of electoral results, put them into trucks, and drove them away in a move the Inter-American Commission on Human Rights termed a “theft.” The boxes have remained in the Public Ministry’s possession since.
       In a press conference, the Public Ministry unveiled the findings of three investigations pertaining to the electoral process. In his own press conference on December 8, President-elect Arevalo called on the Supreme Court and the Constitutional Court to defend democracy.

Public Ministry Requests Arrest Warrants for TSE Officials and Semilla Party Members
Allegedly as a result of its investigations, the Public Ministry has requested arrest warrants for Jorge Salvador Santos Neill, Director of Information Technology of the TSE, “for the crimes of abuse of authority and material falsehood with electoral aggravation,” and against Alejandra María Chiroy Castro, Director of the Department of Citizen Registration and Elaboration of Registries, “for the crime of abuse of authority.” The Public Ministry also presented charges against Arévalo’s party, the Semilla Movement. The Prosecutor for the third time filed a request for Arévalo’s immunity to be removed, as well as that of Samuel Andrés Pérez Álvarez, a Semilla member of Congress. A new accusation filed against Arévalo was “possible commission of the crime of laundering of money or other assets.” According to Rafael Curruchiche, head of the Prosecutors Office Against Corruption and Impunity, there is a “lack of reliable clarification of the origin and destination of $44,000.” The Public Ministry requested the arrest of Jaime Gabriel Gudiel Arias and Cynthia Alejandra Rojas Donis “for the crimes of ideological falsehood with electoral aggravation in a continuous manner.” Samuel Andrés Pérez Alvarez and Ligia Iveth Hernández Gómez were also accused of “the possible commission of electoral finance crimes.”

United States Imposes Visa Restriction Sanctions; EU Likely to Follow    
On December 11, the United States imposed visa restrictions on nearly 300 Guatemalan citizens, including over 100 members of the Guatemalan Congress who had voted to remove the judicial immunity of TSE judges, as well as some members of the private sector. The European Union has announced that it is in the process of applying sanctions. The EU has “unequivocally condemn[ed] attempts to nullify the results of the general and presidential elections in Guatemala, based on spurious allegations of fraud” and stated that “actions and statements of the Public Prosecutor’s Office of Guatemala represent an attempt at a coup d’etat, spearheaded by politically motivated prosecutors,” The EU said it was “ready to adopt a framework allowing for targeted restrictive measures against those responsible for these actions.”
       United Nations High Commissioner for Human Rights Volker Türk raised the alarm about “persistent and systematic attempts by the Attorney General’s Office in Guatemala to undercut the general election results.” The High Commission said,“Friday’s announcements, aimed at nullifying the outcome of the general elections and questioning the constitution and existence of the Movimiento Semilla party are extremely disturbing.” He called on the current president, as well as the judiciary, to take action to preserve the rule of law and ensure respect of the electoral outcome.
  The Guatemalan government contended that it had undertaken a transparent transition process that it is respectful of the independence of state agencies and autonomous and  decentralized institutions and strongly rejected the “hasty pronouncements of some actors of the international community regarding actions that, according to their communiqués, could imply an alteration of the constitutional order.”

OAS in Extraordinary Session Invokes Article 18 of Inter-American Charter     The Organization of American States (OAS), which immediately condemned the Public Ministry’s actions as “an attempted coup d’état by the Public Prosecutor’s Office of Guatemala,” held an extraordinary session of the Permanent Council of the OAS on December 12. The Permanent Council adopted a resolution urgently asking the Guatemalan government to consent to a mission to Guatemala by the OAS as soon as possible. With 29 votes in favor, one vote against (Guatemala), one abstention (El Salvador), and two delegations absent, the Permanent Council adopted the resolution “Actions against the rule of law that put at risk the transition of government in Guatemala.”

Bicameral Congressional Delegation Visits Guatemala       Five US Senators, led by Senator Tim Kaine and including senators Durbin, Butler, Merkley, and Welch, and two member of the House of Representatives, Delia Ramirez and Norma Torres, traveled to Guatemala last week to address democracy, stability, migration, economic growth, and security. In a press conference, the congressional representatives stressed the importance of respecting the will of the Guatemalan people. As Senator Kaine noted in a statement on the delegation’s return, “Democratic backsliding, including the attempt to overturn a free and fair election in Guatemala that occurred while we were there, further drives irregular migration and poses a serious danger to our ability to work together to tackle those problems.” President Alejandro Giammattei refused to meet with the delegation, and on December 12 he published a letter on social media accusing some members of the US government of intimidation and manipulation of politics and the press. He said there was no attempt underway to prevent the elected authorities from taking office.

Bipartisan Statement Calls on Guatemala to Uphold Rule of Law, Ensure Transition 
On December 12, five US senators urged the Guatemalan government to ensure the transfer of power to President-elect Arévalo and uphold the rule of law. The statement was signed by U.S. Senator Ben Cardin (D-Md.), Chair of the Senate Foreign Relations Committee, along with Senators Marco Rubio (R-Fla.), Tim Kaine (D-Va.), Bill Cassidy (R-La.), and Dick Durbin (D-Ill.).

Latest Guatemala Democracy and Human Rights Update November 20th

In a new bid to hinder President-elect BernardoArévalo’s assumption of his duties as president in January 2024, last week the Public Ministry accused Arévalo and Vice-President-elect Karen Herrera of supporting student protests at the University of San Carlos last year and formally requested the removal of their immunity in order to prosecute them. New Supreme Court judges, many of whom have faced allegations of corruption, were hastily elected by Congress a day before this move. Guatemala’s democratic transition is now in the hands of these judges, as they will decide whether to remove the immunity of the presidential binomial so that they can be subjected to prosecution. The Public Ministry, headed by Attorney General Consuelo Porras, did not stop there but issued 27 arrest warrants for others accused of involvement in the university protests, conducting numerous raids and arresting five people, including a former congressional candidate of the Semilla party. The five are awaiting their initial hearing in pretrial detention. The Public Ministry is also attempting to prosecute judges of the Supreme Electoral Tribunal. In Guatemala there are fears that the targets will continue expand and arrests will continue. The persecution could eventually include the Indigenous leaders who have slowed down the coup with well-organized, peaceful protests and through negotiations mediated by the Organization of American States.

The Guatemalan people need our help. If your members of Congress have been active in supporting democracy in Guatemala, please thank them. If not, our Urgent Action is a way of encouraging their involvement. You can also cut and paste the urgent action text into the White House comments box or call the White House. This is a critical time for Guatemala. Donating to our work is another way to help. Our staff is on the ground in Guatemala, accompanying protests, providing support, and documenting human rights abuses. Details are below.

Transition of Power:

• Public Ministry Seeks Removal of Arévalo’s Immunity and Issues 27 Arrest Warrants

On November 16, Guatemala’s Public Ministry secured the arrest of five people, carried out numerous raids on homes, and announced arrest warrants for an additional 22 academics, journalists, human rights defenders, and members of the Movimiento Semilla party. Authorities claimed that the detained were involved in the occupation of the University of San Carlos. The occupation at the university began in May 2022, when the election of the university’s rector was largely perceived as fraudulent. The Public Ministry has accused President-elect Bernardo Arévalo and Vice President Karen Herrera of involvement in the case and is seeking to remove their immunity in order to prosecute them on charges of depredation of cultural property, illicit association, and influence trafficking. As evidence, prosecutors pointed to Bernardo Arévalo’s use of social media; according to lead prosecutor Saúl Sánchez, Bernardo Arévalo advocated for the occupation of the university “using his accounts on Twitter, Facebook, and other social networks.”

The warrants, raids, and arrests occurred a day after the Guatemalan Congress, three years behind schedule, elected a new Supreme Court. Notably, out of the 13 magistrates elected, 10 have faced accusations of crimes or public denouncements in the past, with more than half being linked to the Parallel Commissions case. The Supreme Court holds the authority to rule on the removal of public officials’ immunity.

• OAS Says Guatemalan State Has Violated Inter-American Charter
  
  The Inter-American Commission on Human Rights, in a statement posted on X, said the Public Ministry must immediately cease actions that criminalize free expression and attack the democratic order and presidential transition process. The Organization of American States (OAS) strongly condemned the filing of pre-trial proceedings by the Public Ministry against the presidential binomial, as well as several members of the Semilla, VOS, and Winaq political parties. “These decisions by the Public Ministry constitute actions of a political nature that distort the electoral process and may affect its outcome and are therefore absolutely inappropriate and unacceptable for a democratic political system. In this regard, the Public Ministry, as an institution of the State, is in violation of the provisions of Articles 2, 3, and 4 of the Inter-American Democratic Charter,” the OAS stated in a communique.
  
  
• US State Department Announces New Visa Restrictions
  
  The United States responded to the Public Ministry’s actions by announcing visa restrictions for 11 Guatemalans. “The United States unequivocally rejects continued, brazen efforts to undermine Guatemala’s peaceful transition of power to President-elect Bernardo Arévalo,” the State Department said in a press release. The State Department expressed concern about actions undermining democracy and condemned the Public Ministry’s efforts to press charges against President-elect Arevalo and Vice President-elect Herrera, adding, “We join the Organization of American States in calling for a transfer of power that respects popular will, is consistent with the Inter-American Democratic Charter, and adheres to the rule of law in Guatemala.” Assistant Secretary Brian Nichols reiterated in a tweet that the US rejects the “egregious attempts to undermine democracy in Guatemala.”
  
  Four US Senators also responded to the Public Ministry’s actions in a statement released on November 17, calling the Public Ministry’s efforts to strip the presidential binomial of immunity and the arrests of civil society members and members of the Semilla party “another tragic chapter in the Giammattei administration’s systematic persecution against anti-corruption advocates, journalists, and political opponents.” The statement was signed by Senator Tim Kain, Chair of the Senate Foreign Relations Subcommittee on the Western Hemisphere; Senator Dick Durbin; Senator Jeff Merkley; and Senator Peter Welch.
• Permanent Council of the OAS Adopts Resolution Condemning Public Ministry’s Actions

On November 15, a resolution was adopted by 20 member countries of the OAS, with Guatemala being the sole opposition, urging the Guatemalan state, including the Public Ministry, to cease or prevent any acts of intimidation against elected officials or members of the Semilla party. The resolution also denounced attempts by the Public Ministry to “discredit and prevent a peaceful transition of power, which undermine the democratic process and Guatemala’s commitments under the Inter-American Democratic Charter.

• National Civil Police Use Violence Against Protestors Objecting to Election of Judges

On November 15, the Guatemalan Congress rushed through the election of  new Supreme Court judges, after years of delay. Those elected include Carlos Humberto Rivera Carrillo, who has ties to the pro-impunity, pro-military organizations Guatemala Immortal and Liga Pro Patria, and Manuel Reginaldo Duarte, who is on the Engel list of corrupt actors. The election of judges had been delayed since 2019. Fears of corruption led to protests outside the congressional building. As a group of Indigenous people and other citizens from the capital engaged in a peaceful protest, the National Civil Police (PNC) deployed 2,400 officers to provide security for members of Congress. The police used violence against protestors, according to video footage and reports of witnesses present, grabbing and beating protestors. The protesters condemned the election of the judges as part of the coup d’état underway in Guatemala.

In the Courts:

• Three Accused in the Dos Erres Massacre Trial Are Acquitted

On November 7, in the trial of the Dos Erres Massacre, First High-Risk Court E acquitted three former Kaibiles prosecuted for extrajudicial execution and crimes against humanity. Gilberto Jordán, José Mardoqueo Ortiz, and Alfonso Bulux Vicente were accused of killing nearly 300 people during the massacre. The Dos Erres Massacre of 1982 was one of the bloodiest atrocities committed during the Civil War in Guatemala. The Guatemalan military’s special Kaibil Unitentered the community of Dos Erres and committed violent and inhumane acts against the villagers, including torture, rape, degradation, and mass killing. Of those killed, 113 were children under the age of 14.

• Attorney Claudia González Released to House Arrest After 81 Days in Detention

Following a ruling from an appeals court, on November 16th, Judge Víctor Cruz released attorney Claudia González from prison into house arrest while the case against her is ongoing. As she awaited the judge’s verdict, she expressed support for the five people recently detained in relation to the occupation of the national university. Claudia González spent 80 days in pretrial detention and faces spurious charges in apparent retaliation for her work against corruption as lead attorney with the International Commission Against Impunity in Guatemala (CICIG).

Other News:

• IACHR Hearing Sheds Light on Danger Facing Human Rights and Indigenous Leaders

On November 8, the Inter-American Commission on Human Rights held a thematic hearing on the use of the criminal justice system against human rights defenders and judicial operators. The hearing, requested by 44 former justicial sector workers in exile, 9 national human rights organizations, and 16 international organizations, including GHRC, aimed to inform the Commission about the deterioration of the rule of law in Guatemala and the misuse of the criminal justice system to target defenders of human rights and democracy.

During the hearing, witnesses detailed how individuals living in exile were compelled to leave their homeland. Judges in exile reported that they had been harassed and threatened and sought international protection, faced with a lack of support from the Guatemalan government. The judges also highlighted concerns about the suppression of democracy by the Guatemalan state, particularly in opposition to the Semilla party and efforts to impede President-elect Bernardo Arévalo from assuming office.

The petitioners concluded by urging the Commission to encourage the Attorney General’s Office to cease the unlawful persecution of officials, Indigenous authorities, journalists, and human rights defenders. They also requested the adoption of precautionary measures for the ancestral authorities of the 48 Cantons. Guatemalan government officials present at the hearing strongly refuted the petitioners’ accusations of unlawful and corrupt utilization of the criminal justice system. The officials maintained that all their actions strictly adhere to legal frameworks, ensuring the preservation of constitutional and human rights for all inhabitants. In response, the Commission questioned the meaningfulness of ongoing dialogue, given the persistent denial of allegations by the State regarding impunity and corruption.

• Supreme Court Begins Pretrial Proceedings Against TSE in Continued Judicialization of the Electoral Process

The Supreme Court has initiated pretrial proceedings against the Supreme Electoral Tribunal (TSE), aimed at removing the TSE magistrates’ immunity so that they can be prosecuted. The Supreme Court received a pretrial request from the Public Prosecutor’s Office, citing irregularities in the acquisition of a computer system utilized in the recent election by TSE magistrates. Following this, the case advances to Congress, where a decision on whether to uphold or remove the immunity of TSE magistrates will be made. Specifically, the MP has sought the removal of immunity for judges Irma Elizabeth Palencia Orellana, Ranulfo Rafael Rojas Cetina, Blanca Odilia Alfaro Guerra, Gabriel Vladimir Aguilera, and Mynor Custodio Franco Flores, as well as substitutes Marco Antonio Cornejo Morroquí, Marlon Josué Barahona Catalán, and Álvaro Ricardo Cordón Paredes. According to the MP, the abuse of authority occurred when TSE delegated the supervision of the computer program’s operation to Guatemala. Fraud charges stem from the signing of the contract and the payment of Q148 million, despite lower offers from other providers.

• Supreme Court Reinstates Mynor Moto as Judge

The Supreme Court has affirmed the reinstatement of Mynor Moto as a judge, following a request submitted by Moto himself. The Supreme Court granted  Moto’s request and directed that the decision be communicated to the Council of the Judicial Career to ensure its implementation. Moto sought an order of protection, which was granted on October 10, against the Council of the Judicial Career after his removal from the position.

Moto’s initial removal was prompted by the Special Prosecutor’s Office Against Corruption stripping him of immunity in the Chimaltenango Bypass case, where a $440 million highway project was approved, but proceeded with little oversight over the spending. The work that was done was subpar and resulted in landslides and flooding. Allegations against Moto included intentional delaying of the case and receiving a cash bribe from those complicit in the case. Moto released 17 defendants in the case. Additionally, Moto faced scrutiny in the Parallel Commissions case, with photographs linking him to those under investigation. Sixteen defendants received favorable decisions and 2 businessmen were not required to await trial in detention, triggering suspicion of passive bribery, abuse of authority, and neglect of duty. In January 2021, the Special Prosecutor’s Office Against Impunity (FECI) initiated an investigation against Moto for obstruction of justice and breach of public duty, but he avoided conviction for any alleged crimes. In 2021, a warrant for Moto’s arrest was issued for alleged manipulation of the judicial selection process, but it was annulled in December 2022. Moto appeared on the United States’ Engel List in 2021 for corrupt actors, which claimed he “obstructed justice and received bribes in return for a favorable legal decision.”

The magistrates unanimously ruled to reinstate Moto as a Criminal First Instance Judge. Though past legal processes against Moto have yet to be resolved, the lack of action from Attorney General Consuelo Porras and the Public Ministry allowed him to resume office.

Guatemalan Democracy Uncertain as Judicialization Threaten a Smooth Presidential Transition Process and the National Strike Continues

In a new bid to hinder President-elect Bernardo Arévalo’s assumption of his duties as president in January 2024, last week the Public Ministry accused Arévalo and Vice-President-elect Karen Herrera of supporting student protests at the University of San Carlos last year and formally requested the removal of their immunity in order to prosecute them. New Supreme Court judges, many of whom have faced allegations of corruption, were hastily elected by Congress a day before this move. Guatemala’s democratic transition is now in the hands of these judges, as they will decide whether to remove the immunity of the presidential binomial so that they can be subjected to prosecution. The Public Ministry, headed by Attorney General Consuelo Porras, did not stop there but issued 27 arrest warrants for others accused of involvement in the university protests, conducting numerous raids and arresting five people, including a former congressional candidate of the Semilla party. The five are awaiting their initial hearing in pretrial detention. The Public Ministry is also attempting to prosecute judges of the Supreme Electoral Tribunal. In Guatemala there are fears that the targets will continue expand and arrests will continue. The persecution could eventually include the Indigenous leaders who have slowed down the coup with well-organized, peaceful protests and through negotiations mediated by the Organization of American States. 

The Guatemalan people need our help. If your members of Congress have been active in supporting democracy in Guatemala, please thank them. If not, our Urgent Action is a way of encouraging their involvement. You can also cut and paste the urgent action text into the White House comments box or call the White House. This is a critical time for Guatemala. Donating to our work is another way to help. Our staff is on the ground in Guatemala, accompanying protests, providing support, and documenting human rights abuses. Details are below. 

Transition of Power:

Public Ministry Seeks Removal of Arévalo’s Immunity and Issues 27 Arrest Warrants

On November 16, Guatemala’s Public Ministry secured the arrest of five people, carried out numerous raids on homes, and announced arrest warrants for an additional 22 academics, journalists, human rights defenders, and members of the Movimiento Semilla party. Authorities claimed that the detained personas said to bewere involved in the occupation of the University of San Carlos. The occupation at the university began in May 2022, when the election of the university’s rector was largely perceived as fraudulent. The Public Ministry has accused President-elect Bernardo Arévalo and Vice President Karen Herrera of involvement in the case and is seeking to remove their immunity in order to prosecute them on charges of depredation of cultural property, illicit association, and influence trafficking. As evidence, prosecutors pointed to Bernardo Arévalo’s use of social media; according to lead prosecutor Saúl Sánchez, Bernardo Arévalo advocated for the occupation of the university “using his accounts on Twitter, Facebook, and other social networks.”

The warrants, raids, and arrests occurred a day after the Guatemalan Congress, three years behind schedule, elected a new Supreme Court. Notably, out of the 13 magistrates elected, 10 have faced accusations of crimes or public denouncements in the past, with more than half being linked to the Parallel Commissions case. The Supreme Court holds the authority to rule on the removal of public officials’ immunity.

OAS Says Guatemalan State Has Violated Inter-American Charter

The Inter-American Commission on Human Rights, in a statement posted on X, said the Public Ministry must immediately cease actions that criminalize free expression and attack the democratic order and presidential transition process. The Organization of American States (OAS) strongly condemned the filing of pre-trial proceedings by the Public Ministry against the presidential binomial, as well as several members of the Semilla, VOS, and Winaq political parties. “These decisions by the Public Ministry constitute actions of a political nature that distort the electoral process and may affect its outcome and are therefore absolutely inappropriate and unacceptable for a democratic political system. In this regard, the Public Ministry, as an institution of the State, is in violation of the provisions of Articles 2, 3, and 4 of the Inter-American Democratic Charter,” the OAS stated in a communique.

US State Department Announces New Visa Restrictions

The United States responded to the Public Ministry’s actions by announcing visa restrictions for 11 Guatemalans. “The United States unequivocally rejects continued, brazen efforts to undermine Guatemala’s peaceful transition of power to President-elect Bernardo Arévalo,” the State Department said in a press release. The State Department expressed concern about actions undermining democracy and condemned the Public Ministry’s efforts to press charges against President-elect Arevalo and Vice President-elect Herrera, adding, “We join the Organization of American States in calling for a transfer of power that respects popular will, is consistent with the Inter-American Democratic Charter, and adheres to the rule of law in Guatemala.” Assistant Secretary Brian Nichols reiterated in a tweet that the US rejects the “egregious attempts to undermine democracy in Guatemala.”

Four US Senators also responded to the Public Ministry’s actions in a statement released on November 17, calling the Public Ministry’s efforts to strip the presidential binomial of immunity and the arrests of civil society members and members of the Semilla party “another tragic chapter in the Giammattei administration’s systematic persecution against anti-corruption advocates, journalists, and political opponents.” The statement was signed by Senator Tim Kain, Chair of the Senate Foreign Relations Subcommittee on the Western Hemisphere; Senator Dick Durbin; Senator Jeff Merkley; and Senator Peter Welch.

Permanent Council of the OAS Adopts Resolution Condemning Public Ministry’s Actions

On November 15, a resolution was adopted by 20 member countries of the OAS, with Guatemala being the sole opposition, urging the Guatemalan state, including the Public Ministry, to cease or prevent any acts of intimidation against elected officials or members of the Semilla party. The resolution also denounced attempts by the Public Ministry to “discredit and prevent a peaceful transition of power, which undermine the democratic process and Guatemala’s commitments under the Inter-American Democratic Charter.

National Civil Police Use Violence Against Protestors Objecting to Election of Judges

On November 15, the Guatemalan Congress rushed through the election of  new Supreme Court judges, after years of delay. Those elected include Carlos Humberto Rivera Carrillo, who has ties to the pro-impunity, pro-military organizations Guatemala Immortal and Liga Pro Patria, and Manuel Reginaldo Duarte, who is on the Engel list of corrupt actors. The election of judges had been delayed since 2019. Fears of corruption led to protests outside the congressional building. As a group of Indigenous people and other citizens from the capital engaged in a peaceful protest, the National Civil Police (PNC) deployed 2,400 officers to provide security for members of Congress. The police used violence against protestors, according to video footage and reports of witnesses present, grabbing and beating protestors. The protesters condemned the election of the judges as part of the coup d’état underway in Guatemala.

In the Courts:

Three Accused in the Dos Erres Massacre Trial Are Acquitted

On November 7, in the trial of the Dos Erres Massacre, First High-Risk Court E acquitted three former Kaibiles prosecuted for extrajudicial execution and crimes against humanity. Gilberto Jordán, José Mardoqueo Ortiz, and Alfonso Bulux Vicente were accused of killing nearly 300 people during the massacre. The Dos Erres Massacre of 1982 was one of the bloodiest atrocities committed during the Civil War in Guatemala. The Guatemalan military’s special Kaibil Unit entered the community of Dos Erres and committed violent and inhumane acts against the villagers, including torture, rape, degradation, and mass killing. Of those killed, 113 were children under the age of 14.

Attorney Claudia González Released to House Arrest After 81 Days in Detention

Following a ruling from an appeals court, on November 16th, Judge Víctor Cruz released attorney Claudia González from prison into house arrest while the case against her is ongoing. As she awaited the judge’s verdict, she expressed support for the five people recently detained in relation to the occupation of the national university. Claudia González spent 80 days in pretrial detention and faces spurious charges in apparent retaliation for her work against corruption as lead attorney with the International Commission Against Impunity in Guatemala (CICIG). 

Other News:

IACHR Hearing Sheds Light on Danger Facing Human Rights and Indigenous Leaders

On November 8, the Inter-American Commission on Human Rights held a thematic hearing on the use of the criminal justice system against human rights defenders and judicial operators. The hearing, requested by 44 former justicial sector workers in exile, 9 national human rights organizations, and 16 international organizations, including GHRC, aimed to inform the Commission about the deterioration of the rule of law in Guatemala and the misuse of the criminal justice system to target defenders of human rights and democracy.

During the hearing, witnesses detailed how individuals living in exile were compelled to leave their homeland. Judges in exile reported that they had been harassed and threatened and sought international protection, faced with a lack of support from the Guatemalan government. The judges also highlighted concerns about the suppression of democracy by the Guatemalan state, particularly in opposition to the Semilla party and efforts to impede President-elect Bernardo Arévalo from assuming office.

The petitioners concluded by urging the Commission to encourage the Attorney General’s Office to cease the unlawful persecution of officials, Indigenous authorities, journalists, and human rights defenders. They also requested the adoption of precautionary measures for the ancestral authorities of the 48 Cantons. Guatemalan government officials present at the hearing strongly refuted the petitioners’ accusations of unlawful and corrupt utilization of the criminal justice system. The officials maintained that all their actions strictly adhere to legal frameworks, ensuring the preservation of constitutional and human rights for all inhabitants. In response, the Commission questioned the meaningfulness of ongoing dialogue, given the persistent denial of allegations by the State regarding impunity and corruption.

Supreme Court Begins Pretrial Proceedings Against TSE in Continued Judicialization of the Electoral Process

The Supreme Court has initiated pretrial proceedings against the Supreme Electoral Tribunal (TSE), aimed at removing the TSE magistrates’ immunity so that they can be prosecuted. The Supreme Court received a pretrial request from the Public Ministry, citing irregularities in the acquisition of a computer system utilized in the recent election by TSE magistrates. Following this, the case advances to Congress, where a decision on whether to uphold or remove the immunity of TSE magistrates will be made. Specifically, the Public Ministry has sought the removal of immunity for judges Irma Elizabeth Palencia Orellana, Ranulfo Rafael Rojas Cetina, Blanca Odilia Alfaro Guerra, Gabriel Vladimir Aguilera, and Mynor Custodio Franco Flores, as well as substitutes Marco Antonio Cornejo Morroquí, Marlon Josué Barahona Catalán, and Álvaro Ricardo Cordón Paredes. According to the MP, the abuse of authority occurred when TSE delegated the supervision of the computer program’s operation to Datasys Guatemala. Fraud charges stem from the signing of the contract and the payment of Q148 million, despite lower offers from other providers.

Supreme Court Reinstates Mynor Moto as Judge

The Supreme Court has affirmed the reinstatement of Mynor Moto as a judge, following a request submitted by Moto himself. The Supreme Court granted  Moto’s request and directed that the decision be communicated to the Council of the Judicial Career to ensure its implementation. Moto sought an order of protection, which was granted on October 10, against the Council of the Judicial Career after his removal from the position.

Moto’s initial removal was prompted by the Special Prosecutor’s Office Against Corruption stripping him of immunity in the Chimaltenango Bypass case, where a $440 million highway project was approved, but proceeded with little oversight over the spending. The work that was done was subpar and resulted in landslides and flooding. Allegations against Moto included intentional delaying of the case and receiving a cash bribe from those complicit in the case. Moto released 17 defendants in the case. Additionally, Moto faced scrutiny in the Parallel Commissions case, with photographs linking him to those under investigation. Sixteen defendants received favorable decisions and 2 businessmen were not required to await trial in detention, triggering suspicion of passive bribery, abuse of authority, and neglect of duty. In January 2021, the Special Prosecutor’s Office Against Impunity (FECI) initiated an investigation against Moto for obstruction of justice and breach of public duty, but he avoided conviction for any alleged crimes. In 2021, a warrant for Moto’s arrest was issued for alleged manipulation of the judicial selection process, but it was annulled in December 2022. Moto appeared on the United States’ Engel List in 2021 for corrupt actors, which claimed he “obstructed justice and received bribes in return for a favorable legal decision.”

The magistrates unanimously ruled to reinstate Moto as a Criminal First Instance Judge. Though past legal processes against Moto have not been resolved, the lack of action from Attorney General Consuelo Porras and the Public Ministry has allowed him to resume office.

Future Remains Uncertain as Semilla is Suspended and Protests Continue

As the election period comes to its official end, the situation in Guatemala is becoming ever more tense. Although a number of human rights organizations asked the Supreme Electoral Tribunal to extend the electoral period until January 14, when the President-elect Bernardo Arévalo will be inaugurated, the period was declared over on October 31. The end of the election period means charges can be filed against members of the Movimiento Semilla Party. It also means that the Semilla party can be suspended, and on November 2, the Supreme Electoral Tribunal (TSE) ordered the party’s registration suspended. The magistrates of the TSE are insisting that the presidential binomial of Semilla, as well as Semilla’s congressional representatives and mayors, will take office next January 14 and 15, nonetheless, given that the positions have already been officialized and adjudicated. But concerns remain. When the original order to suspend the party was made last summer, the Guatemalan Congress made the decision to consider Semilla’s congressional representatives to be independents, leaving the party unable to hold membership on committees or on the board of directors of Congress and unable to represent Guatemala internationally. Large demonstrations are planned for November 3, 4, and 5. Meanwhile, efforts to tamp down protests have raised concerns internationally. The Attorney General’s Office of Guatemala has repeatedly attempted to compel the Guatemalan police to remove protesters by force from the streets and from the plaza in front of the Public Ministry. Refusing the orders, Guatemala’s Minister of the Interior resigned and has been replaced by a former army officer. On October 18, the Constitutional Court ruled that the plaza in front of the Public Ministry in Guatemala City had to be cleared of protesters. In response, many more protesters journeyed to Guatemala City to stand with others in the plaza and in front of the Constitutional Court, defending democracy and demanding Attorney General Consuelo Porras’ resignation. Two protesters, to date, have been killed. Details are below. Please continue to take action to call for a strong US response.

Indigenous Leader Shot to Death at Protest

Noé Gómez Barrera, a 65-year-old Indigenous Xinca Indigenous leader, was shot to death on October 29 in El Caulote, in the department of Jutiapa. He had reportedly organized the demonstrations in the area and was a well-known leader and human rights defender.

On October 16, as nationwide protests reached the two-week mark, one person, whose name has not been released, was shot to death and four others were injured at a protest in Malacatán, in the western department of San Marcos. According to the Guatemalan government, 50 people carrying sticks, stones, and firearms attempted to disband the protest, and a firefight ensued. Eleven men were quickly arrested for the killing. Social media users have reportedly linked Alvaro López, the mayor of Ocós  and a leader in the ruling party VAMOS, and his bodyguards to the murder.

Giammattei Shuns Assistant Secretary of State for Western Hemisphere Affairs

On October 25, the US Department of State’s Assistant Secretary for Western Hemisphere Affairs, Brian Nichols, visited Guatemala for two days to support a peaceful presidential transition process. According to a press release, the purpose of the visit to Guatemala and El Salvador was to “support democratic processes, understand the reality, and give a message that democracy is the most important form of government and the will of the people of the country is key to the future.” On X (formerly Twitter), he emphasized the importance of collaboration in protecting human rights and defending democracy and called on all sectors to support the transition of presidential power to President-elect Bernardo Arévalo. In addition to Indigenous and civil society representatives, Nichols also visited private sector leaders, to “boost inclusive prosperity in Guatemala and discuss opportunities for collaboration.” Though he requested a meeting with President Giammattei, the president declined the meeting on grounds that it was inconvenient, sending his foreign minister to meet with Nichols instead. After meeting with Indigenous leaders of the national protests, Nichols said he “engaged in vital conversations with courageous Indigenous leaders and human rights defenders while in Guatemala,” again emphasizing his support for democracy in the region.

Minister of Interior Resigns and Constitutional Court Orders Him Investigated

Minister of the Interior David Napoleón Barrientos resigned on October 16, after the Public Ministry, headed by Attorney General Consuelo Porras, asked the Constitutional Court to dismiss him. According to Porras, Barrientos had not obeyed a Constitutional Court ruling that, in Porras’ view, required demonstrators demanding her resignation to be forcibly removed from protest sites. In his resignation letter to President Alejandro Giammattei, Barrientos stated that he ran the Ministry of Interior lawfully and with respect for human rights, but that he was resigning, “given the complexity of the current situation in which the country finds itself.” On October 17, Byron René Bor Illescas was named as his replacement. According to a statement from the Ministry of Interior, Illescas is an attorney, notary, and retired Brigadier General of the Guatemalan army. Before taking the position as Minister, he worked as a senior advisor to former minister Barrientos in the Ministry of the Interior.
On October 18, the Constitutional Court ordered an investigation of former Minister Barrientos for alleged non-compliance with the Court’s ruling to clear the protesters. The Public Prosecutor’s Office, given the Court’s ruling, will have to initiate an investigation of him.

Constitutional Court Orders Clearing of Plaza in front of the Attorney General’s Office

On October 18, the Constitutional Court ordered the new Interior Minister and the National Civil Police Director to remove demonstrators in front of the Attorney General’s Office in Guatemala City. The Court’s ruling stated that these officials had to remove the demonstrators, who were allegedly blocking the building’s exits, or face removal from their posts themselves. The Court also ordered the Interior Minister and National Civil Police Director to arrest those protesters  “implicated in crimes.”  In spite of the ruling, protesters from various parts of Guatemala headed to the capital to support the protesters and to protest also in front of the Constitutional Court. This ruling follows a previous ruling by the Court that appeared to grant demonstrators the right to protest but specified that they “not unduly burden other essential rights.” Protesters of their own accord have now made a clear path around the building’s doors.

The Mediation Mission of the Organization of American States (OAS) in a statement expressed concern about the Constitutional Court’s rulings, highlighting the importance of guaranteeing and respecting the right to social protest and refraining from criminalizing and persecuting both protesters and institutions. The Mediation Mission also said that, through a series of meetings, it had verified that the reason for the mobilizations, blockades, and citizen rejection is related to the actions of the Attorney General, Consuelo Porras, the Prosecutor Rafael Curruchiche, the Prosecutor Cinthia Monterroso and Judge Fredy Orellana, which threaten the integrity of the electoral process and the results of the 2023 General Elections. The Mediation Mission referred to a “climate of tension and reproach” that is overtaking Guatemala and stressed that sovereign decisions expressed by citizens through the Supreme Electoral Tribunal (TSE) should take precedence and that protests are legitimate. It identified the raids of the TSE, in which election material was taken, as a trigger for the nationwide protests.

United States officials issued statements soon after the Court’s ruling, repeating warnings they have made over the past few months to “use all tools available” to sanction officials undermining democracy in Guatemala. Assistant Secretary for Western Hemisphere Affairs at the US State Department Brian Nichols tweeted, “We deplore @CC_Guatemala’s order to clear peaceful protesters by force from demonstration sites in Guatemala. The anti-democratic actions of @MPGuatemala and others who seek to prevent @BArevalodeLeon from taking office will fail. We, along with the international community, stand with the Guatemalan people who have made their voices heard through their votes electing @BArevalodeLeon, as certified by @TSEGuatemala.”

The Inter-American Commission on Human Rights (IACHR) and the Special Rapporteurship for Freedom of Expression in an October 30 statement expressed concern about “various actions that seek to delegitimize and intimidate those who demonstrate in Guatemala, as well as the recent decision of the Constitutional Court, which has the effect of limiting the right to protest.” The statement mentions murder of the protester in Malacatán, pointing out that police were present but did not intervene to stop the violence. The statement also mentions with concern that the Constitutional Court’s order regarding the clearing of protesters from the environs of the Public Ministry’s (Attorney General’s) office contained language such as “execute the relevant actions and measures to restore public order,” including through the use of public force and with the cooperation of the Guatemalan army. In addition, the statement points out, the Court questioned whether some “non-peaceful” mobilizations could constitute crimes against humanity for “provoking the extermination of civilians” following “situations of destruction of facilities and water reserves.” In the statement, the IACHR expressed concern also about the murder of Indigenous Xinca leader Noé Gómez and the Public Ministry’s announcement that it would investigate a member of the Guatemalan Congress for a tweet he posted. The IACHR once again called on the Guatemalan government to allow it to visit the country.

Public Ministry Plans to Investigate Member of Guatemalan Congress for Tweet

The Office of Crimes Against Operators of Justice and Syndicalists on October 27 requested the lifting of the immunity of Semilla congressional representative for the Central District, Samuel Andrés Peréz Alvarez, for possible crimes that jeopardize the country’s domestic security. On October 18, he shared two photos on social media of the Constitutional Court’s order that the Ministry of the Interior and National Civil Police (PNC) would have to forcibly clear protesters from the area around the Public Ministry. He captioned the photos “Declaration of War. The CC [Constitutional Court] sends the army to the streets.” The Public Ministry alleges that this post could cause destabilization. According to the MP, these types of comments “can attack the legal and democratic regime of the state of Guatemala, therefore it is considered that they can constitute criminal offenses.”

Constitutional Court Refuses to Make Firing of Porras Possible without Serious Crime

On October 19, the Constitutional Court ruled against an injunction, filed by the 48 Cantons of Totonicapan,  which would have allowed President Giammattei to comply with the Guatemalan people’s demand to fire Consuelo Porras. The Court could have suspended part of an article in the Organic Law of the Public Ministry but decided unanimously to leave the article as it is, making Porras almost impossible to remove.

While many of the road blocks have been lifted, more than a dozen remain, and Indigenous authorities are refusing to call off the protests until government officials, including Consuelo Porras and President Giammattei, accede to their demands. They state that they will continue the national strike and peaceful demonstration “as long as is necessary.”

On October 12, a dialogue between the 48 Cantons of Totonicapán and President Giammattei was arranged and mediated by the OAS Mediation Mission. The Mediation Mission reported that “this meeting reflects the willingness of both parties to open communication channels that allow them to identify common agreements for the benefit of democracy in Guatemala and address the demands that have mobilized the Guatemalan people.” Following this initial dialogue, the OAS noted the importance of both sides’ commitment to nonviolence. The Mission is committed to continuing dialogue between Indigenous authorities and the President and rejects any disruption of the electoral process. Indigenous authorities have stressed that they do not represent any political party or political movement and deny claims that President-elect Bernardo Arevalo has been involved in their actions.

US State Department Adds Former and Current Guatemalan Official to the Engel List

On October 31, the State Department announced it had named two former Guatemalan officials and one current official to the list of corrupt or undemocratic actors, known as the Engel List. The United States designatedGendri Rocael Reyes Mazariegos, former Minister of the Interior, Alberto Pimentel Mata, former Minister of Energy and Mines (MEM), andOscar Rafael Pérez Ramírez, Vice Minister of Sustainable Development under the MEM, as generally ineligible for entry into the United States, due to their involvement in significant corruption. Reyes had already been designated to the list in July 2023. According to the State Department, “Reyes, Pimentel, and Perez accepted bribes in exchange for their performance of their public functions during their tenures.  Their corrupt actions undermined rule of law and government transparency in Guatemala.” During Pimentel Mara’s tenure at the Ministry of Energy and Mines, a position he held from January 14, 2020 and resigned from in July 2023, an independent investigation was initiated, which indicated that public officials received bribes from directors of the mining company in El Estor. The designations were made under Section 7031(c) of the State Department Appropriations, Foreign Operations and Related Programs Act of 2023.

Members of Congress Call for Strong Sanctions to Protect Democracy in Guatemala

On October 30, members of the US House of Representatives, led by Congresswoman Norma Torres, sent a letter to Secretary of State Antony Blinken and Treasury Secretary Janet Yellen, urging them to use all available tools–including targeted financial sanctions–to support democracy and the rule of law in Guatemala. Their letter comes amidst rising concerns that Guatemalan election workers will come under attack by the Guatemalan Attorney General and others in November when their legal protections expire. The letter reads, in part, “We are grateful to see the Biden administration’s October 1 announcement stating that it is ‘actively taking steps to impose visa restrictions on individuals who continue to undermine Guatemala’s democracy” under section 212(a)(3)(C) of the Immigration and Nationality Act.’ In total, the Biden administration has placed 46 individuals from Guatemala on the Section 353 List of Corrupt and Undemocratic Actors. However, only six Guatemalans have been subjected to targeted financial sanctions under the Global Magnitsky Act. While we support the imposition of additional visa bans against actors undermining the democratic process in Guatemala, we note that visa restrictions are one of many available policy instruments to hold corrupt and anti-democratic actors accountable. Unfortunately, current efforts by the Biden administration are not leading to desired change in behaviors. We encourage the administration to expand the use of targeted financial sanctions authorities, which would likely have a more productive effect.”

Leaders of US House Democracy Partnership Ask Antony Blinken to Support Transition of Power

Three members of the US House Democracy Partnership sent a bipartisan letter on October 27 to Secretary of State Antony Blinken “urgently requesting the US Administration [to] encourage a peaceful transition of power and work with international partners to prevent further backsliding.” The letter was signed by Vern Buchanan, Chairman of the House Democracy Partnership; Dina Titus, Ranking Member of the House Democracy Partnership; and Representative Norma Torres, who is a member of the House Democracy Partnership. The members of Congress expressed concern about efforts by the Guatemalan executive branch to undermine the election results and considered US support “an urgent matter,” noting that “legal protections for the President-elect’s party end on October 31.”

In the Courts:

Cumbre de Alaska Hearings Continue

On October 17, testimony continued in the case of  the Cumbre de Alaska massacre, in which soldiers and police attacked a large group of Indigenous protestors, murdering seven of them and injuring many more. Multiple forms of audiovisual testimony were introduced, including news footage indicating that the peaceful October 4, 2012 protest was broken up by members of the PNC and the military.

On October 27, Pedro Choc testified on behalf of accused Juan Chiroy Sal. He knew the accused personally and was working as his driver on the day of the massacre. He stated that Chiroy ordered him to leave the scene for the safety of others he was transporting, and thus he did not see the massacre unfold. Choc stated that he observed injured army personnel and PNC vehicles. He picked up Chiroy about 50 meters from where he dropped him off, and was told by a private citizen that he should be careful when arriving to the Alaska summit. Choc stated he did not see any violence at the scene, but later heard screams.

Another witness stated that he did not see violence because he took shelter, but he did hear gunshots on the day of the massacre. He said he did not speak with any community members and did not know what incited the violence. He said he did not see any protests provoking law enforcement, nor did he see any burned vehicles. He stated that he arrived at the summit around 8 am and stayed for three hours before he left to protect his safety.

Lizandro Estrada Conde, who worked for the PNC at the time of the massacre, stated that he was not the one to request army support on the day of the massacre. He stated that he learned of the violence first through media, then later through PNC channels.

Court of Appeals Orders Repeat of Trial Against Journalist

Guatemala’s Second Court of Appeals voided the six-year sentence handed down to José Rubén Zamora, founder and president of the publication El Periódico, and ordered that the trial against him be repeated. Zamora is an influential journalist, well known for using his platform to criticize and expose corruption in Guatemala. His arrest sparked international outrage as an attack on free speech.

Constitutional Court Leaves Issue of Amnesty for War Crimes to Congress

The Constitutional Court has refused to consider a congressional inquiry on an initiative seeking amnesty for crimes committed in the context of Guatemala´s internal armed conflict. The Court dismissed the request for an advisory opinion on technical grounds. During the period in question, from 1960 through 1996, the Guatemalan army carried out a genocide against Guatemala´s Indigenous communities. More than 200,000 people were killed and more than 40,000 were disappeared. 

The Inter-American Court issued an opinion on the matter, ruling that the state of Guatemala cannot adopt Initiatives 5920 and 6099, as the amnesty bills are known. The Court required that the Guatemalan state provide no later than December 4 a detailed report on its compliance with the ruling and continue to provide such reports every three months. 

The Struggle for Democracy Intensifies

Election News  October 5, 2023

Guatemalans Convoke National Strike 

On October 2, thousands of Guatemalans began a national strike blocking major highways throughout the country and massing in front of the Public Ministry to protest flagrant efforts on the part of the Attorney General’s Office to undermine the results of the recent presidential election, including the confiscation on September 29 of hundreds of thousands of documents containing the election results. As of October 5, the strike continues, with 27 highways blocked. The protest, organized by the 48 Cantons of Totonicapán and the Indigenous authorities of Sololá and taken up by Indigenous authorities, taxi drivers, universities,  students, and many others throughout the country, began with the blocking of at least 16 points on critical roads. The protesters are calling for the resignations of Attorney General Porras, prosecutor Rafael Curruchice, and Judge Fredy Orellana. The Ministry of the Interior has stated that, if necessary, the use of police force against demonstrators will be authorized. There are concerns of increasing civil unrest, especially after October 31, when the electoral process officially ends and the Public Ministry could attempt to cancel Semilla’s registration as a political party.

Public Ministry Raids TSE, Confiscates Ballot Boxes

On September 29, the Public Ministry’s Special Prosecutor’s Office on Impunity raided the installations of the Supreme Election Tribunal (TSE), forcibly seizing 125,000 documents and original records of the general elections. Accompanied by masked and armed National Civil Police Officers, Public Ministry officials loaded boxes filled with election results into trucks and drove them away in what President-elect Bernardo Arévalo is calling a slow-motion coup. TSE magistrates, according to video footage, attempted to prevent the Public Ministry agents from removing the boxes of tallies from the property. TSE Judge Blanca Alfaro reported that there was a physical confrontation between TSE judges and Public Ministry agents.  In August, Public Ministry officials had also raided the TSE offices, disrupting the chain of custody of votes, opening boxes, and photographing the votes, reportedly to investigate a claim of electoral fraud they said was made by a private citizen. The election results had already been certified in favor of Arévalo, and the election observers documented no evidence of fraud or wrongdoing. 

The Electoral Observation Mission of the Organization of American States in Guatemala expressed profound concern about the motivations, legality, and consequences of the TSE raids and confiscation of election materials. On September 29, the Mission in a statement said the raids were “carried out without due cause, violating the functions, independence and autonomy of the electoral body.” The Mission continued, “For the OAS/EOM, this permanent siege without grounds or clear motivation by the MP [Public Ministry] constitutes a political persecution reminiscent of those carried out by authoritarian regimes. An attack of this nature is unprecedented in electoral observations in recent decades and constitutes a shameful example for the hemisphere. The Public Prosecutor’s Office has chosen to ignore the numerous calls from the international community and its behavior violates democratic standards.” Corresponding court orders were not shown to the relevant TSE personnel, according to the Mission, constituting a serious violation of due process, as well as “an obvious abuse of power and a violation of constitutional rights and the law of political parties.”The Mission added, “With his irresponsible actions, Prosecutor Rafael Curruchiche is flagrantly violating the sovereignty of the Guatemalan people.” The Mission went on to say that “the actions of the Public Prosecutor’s Office are an intolerable violation of Guatemala’s Constitution (…)” that is “altering the constitutional order” and that there are no factors that cast doubt on the electoral results.

The Catholic Bishops Conference of Guatemala in a September 30 statement called this moment “the most difficult in thirty years in Guatemala,” pointing out that “the rule of law is being subverted.” The conference called on the Supreme Court to fulfill its duties and urged the Constitutional Court to make a pronouncement, given the extreme violation of the constitutional order.  

Assistant Secretary of State Brian A. Nichols condemned the raid in a tweet and said, “We will pursue accountability for those who participate in efforts to undermine the democratic transition to President-elect Arévalo.” Matthew Miller, Spokesman for the Department of State, stated that visas would be denied for individuals implicated in efforts to obstruct the democratic process. Attorney General Consuelo Porras, Prosecutor Rafael Curruchiche, and Judge Fredy Orellana already are under such restrictions, along with a number of other Guatemalans on the Engel List, and this measure has not had any corrective effect.

The European Union in a statement expressed deep concern “over the continuing and persistent attempts to undermine these election results through selective and arbitrary legal and procedural actions that are not in line with Guatemala’s constitution nor with the international and regional standards that Guatemala has subscribed to.” The EU said it “remains fully committed to support inclusive and sustainable development in the country” and “stands ready to work closely with the administration of President-elect Arévalo on these and other shared priorities like the promotion of democratic governance and the rule of law, when he takes office in January 2024.”

United Nations High Commissioner for Human Rights Volker Türk also expressed “deep concern at the sustained measures, including actions by judicial authorities, which appear to be taken to undermine the outcome of the electoral process in Guatemala.” He  noted that this was the fourth raid of the TSE headquarters in the post-electoral context and said “[t]here are serious concerns over the compatibility of these actions with international human rights law, as well as with the Guatemalan Constitution and national legislation.”

The Inter-American Commission on Human Rights (IACHR) in an October 4 communique referred to the confiscation of documents a “theft” and urged the State of Guatemala to “respect the outcomes of the general elections and cease the actions of the Public Prosecutor’s Office that jeopardize the constitutional order and the independence of the branches of government.” The IACHR noted that a number of situations point to the progressive deterioration of democratic institutions, the rule of law, and the human rights situation in Guatemala. These include “continual interference in the electoral process in the form of interpretations of regulations and practices that effectively prevented individuals and political parties from taking part in the elections, the delay of more than two weeks in announcing the results of the first round of the elections, [and] the attempt to suspend the registration as a legal entity of the Semilla Movement to prevent its members from being awarded public positions and the raid on its headquarters. Other matters of concern include the issuing of an arrest warrant against an official of the Citizen Registry at the Supreme Electoral Tribunal, raids and threats targeting judges of the Supreme Electoral Tribunal, and the initiation of impeachment proceedings against them. There have also been threats to the life and physical integrity of Bernardo Arévalo de León and Karin Herrera Aguilar, the presidential ticket of the Semilla Movement, which resulted in the IACHR granting precautionary measures.”

Arévalo Travels to US to Meet with OAS, State Department and White House Officials

President-elect Arévalo met with US Secretary of State Antony Blinken on October 2, as well as with White House officials, to discuss how the United States can assist in facilitating a peaceful transition of power from current President Alejandro Giammettai to Arévalo on January 14. Secretary Blinken expressed concern about the situation in Guatemala. Arévalo reported, “We exchanged and reiterated our commitment to ensuring that democracy prevails and that respect for the vote of Guatemalans is guaranteed. We also committed to mutual collaboration in creating development opportunities for the country.” The US Department of State has condemned Guatemala Attorney General Consuelo Porras as “corrupt” and “undemocratic.”

Public Ministry Requests Removal of TSE Judges’ Immunity 

On September 27, the Public Ministry filed a request with the Supreme Court asking that the judicial immunity of Supreme Electoral Tribunal judges be lifted so that the judges could be investigated for alleged irregularities in the funding and acquisition of the computer system that was used in the presidential election. The office gave as reasons for the request “the possible commission of the crimes of fraud, breach of duties and abuse of authority.” The request was filed by four incumbent Supreme Court judges, including Blanca Stalling, as well as several alternate magistrates. The effort to strip the TSE judges immunity and prosecute them is viewed as part of an ongoing effort by the Public Ministry to delegitimize President-elect Arévalo’s Semilla Party and his victory in the presidential election. 

Corruption in the Courts:

Judge Ruano Flees into Exile

Former Judge Carlos Ruano, recognized by the United States as an anti-corruption champion, has fled into exile following persecution for his denunciation of Judge Blanca Stalling. He stated “I’ve been put in a high-risk situation, and I had no other option than to seek protection outside the country.” After Ruano denounced Stalling for pressuring him to give favorable treatment to her son in a corruption case, he resigned and made the decision to leave Guatemala to avoid criminalization and incarceration. After resigning, Ruano no longer has the protections and immunity that come with the judicial position, motivating his decision to leave the country. More than thirty judges and prosecutors have fled into exile since President Alejandro Giammattei took office. (See our September 15 update, on our blog, for more context on this and the news below.)

Attorney Claudia González Remanded to Pretrial Detention

After a month of detention following her arrest on August, Attorney Claudia González’s initial hearing has concluded; Judge Jimi Bremer ordered that González be remanded to pretrial detention. Guatemalan law allows for pretrial detention if there is a risk that the defendant will flee or obstruct the investigation. González is a respected attorney who was working on pivotal cases involving other criminalized attorneys and judges, including Virginia Laparra and Juan Francisco Sandoval, and she was former lead attorney for the International Commission Against Impunity in Guatemala. She is being persecuted by Judge Jimi Bremer for her work leading the case against Supreme Court Judge Blanca Stalling. González is being charged  “abuse of authority”–a charge that can only be levied against public functionaries–despite the fact that she has never worked as a public official. González has filed three appeals. The prosecutor’s office will have three months to build their case against González. The persecution of Claudia González is the latest case in the ongoing harassment of anti-corruption prosecutors, which has been denounced internationally.

Justice:

Hearings continue in the trial of soldiers accused of responsibility in the 2012 “Cumbre de Alaska” massacre

Nearly 11 years after seven peaceful, Indigenous protesters were shot and killed by Guatemalan soldiers and many more injured, hearings continue as the Public Ministry’s witnesses testified before the court. José David Ordóñez, the mayor of Chuculjuyup, placed the blame for the massacre on former President Otto Pérez Molina and former Interior Minister Mauricio López Bonilla, stating that the accused soldiers were only fulfilling orders from Molina and Bonilla. Retired General Arturo Urizar González testified that he received orders to support the National Civil Police at Kilometer 170, where the protest was taking place. He also told the court that on October 4, 2012, he received an order to form a security squad. This contradicts the defense’s stance that the police and military did not plan the massacre.

Migration:

The International Organization for Migration (IOM) and UNICEF call for humanitarian aid for thousands of migrants in Esquipulas

The city of Esquipulas, in the eastern department of Chiquimula, is overwhelmed by thousands of migrants en route to the United States, driven by insecurity and employment and economic difficulties. The city has a limited capacity to provide humanitarian aid to the migrants, whose numbers increased by 200 percent in June and July, compared to the start of 2023. From January to September of 2023, 400,000 migrants passed through the Darien Gap on their way to the United States, many passing through Guatemala. The migrants are mostly Venezuelan and Honduran, although IOM recently reports an increase in migrants from China, West Africa, Haiti, and Ecuador. Between April and August, 100,000 migrants passed through Esquipulas, 18 percent of whom were minors. IOM and UNICEF have deployed five mobile units to provide psychosocial support and primary care to the children, but their resources are overwhelmed. 

Guatemala Democracy and Human Rights Update

After ever more brazen moves by the country’s Public Ministry to undermine the presidential election results, Guatemalans are in the streets, risking their own safety for their democracy. Please read the news below and be ready to add your voice to those of the Guatemalans fighting for the most basic of rights. 

Election News 

Guatemalans Convoke National Strike 

On October 2, thousands of Guatemalans began a national strike blocking major highways throughout the country and massing in front of the Public Ministry to protest flagrant efforts on the part of the Attorney General’s Office to undermine the results of the recent presidential election, including the confiscation on September 29 of hundreds of thousands of documents containing the election results. As of October 5, the strike continues, with 27 highways blocked. The protest, organized by the 48 Cantons of Totonicapán and the Indigenous authorities of Sololá and taken up by Indigenous authorities, taxi drivers, universities,  students, and many others throughout the country, began with the blocking of at least 16 points on critical roads. The protesters are calling for the resignations of Attorney General Porras, prosecutor Rafael Curruchice, and Judge Fredy Orellana. The Ministry of the Interior has stated that, if necessary, the use of police force against demonstrators will be authorized. There are concerns of increasing civil unrest, especially after October 31, when the electoral process officially ends and the Public Ministry could attempt to cancel Semilla’s registration as a political party.

Public Ministry Raids TSE, Confiscates Ballot Boxes

On September 29, the Public Ministry’s Special Prosecutor’s Office on Impunity raided the installations of the Supreme Election Tribunal (TSE), forcibly seizing 125,000 documents and original records of the general elections. Accompanied by masked and armed National Civil Police Officers, Public Ministry officials loaded boxes filled with election results into trucks and drove them away in what President-elect Bernardo Arévalo is calling a slow-motion coup. TSE magistrates, according to video footage, attempted to prevent the Public Ministry agents from removing the boxes of tallies from the property. TSE Judge Blanca Alfaro reported that there was a physical confrontation between TSE judges and Public Ministry agents.  In August, Public Ministry officials had also raided the TSE offices, disrupting the chain of custody of votes, opening boxes, and photographing the votes, reportedly to investigate a claim of electoral fraud they said was made by a private citizen. The election results had already been certified in favor of Arévalo, and the election observers documented no evidence of fraud or wrongdoing. 

The Electoral Observation Mission of the Organization of American States in Guatemala expressed profound concern about the motivations, legality, and consequences of the TSE raids and confiscation of election materials. On September 29, the Mission in a statement said the raids were “carried out without due cause, violating the functions, independence and autonomy of the electoral body.” The Mission continued, “For the OAS/EOM, this permanent siege without grounds or clear motivation by the MP [Public Ministry] constitutes a political persecution reminiscent of those carried out by authoritarian regimes. An attack of this nature is unprecedented in electoral observations in recent decades and constitutes a shameful example for the hemisphere. The Public Prosecutor’s Office has chosen to ignore the numerous calls from the international community and its behavior violates democratic standards.” Corresponding court orders were not shown to the relevant TSE personnel, according to the Mission, constituting a serious violation of due process, as well as “an obvious abuse of power and a violation of constitutional rights and the law of political parties.”The Mission added, “With his irresponsible actions, Prosecutor Rafael Curruchiche is flagrantly violating the sovereignty of the Guatemalan people.” The Mission went on to say that “the actions of the Public Prosecutor’s Office are an intolerable violation of Guatemala’s Constitution (…)” that is “altering the constitutional order” and that there are no factors that cast doubt on the electoral results.

The Catholic Bishops Conference of Guatemala in a September 30 statement called this moment “the most difficult in thirty years in Guatemala,” pointing out that “the rule of law is being subverted.” The conference called on the Supreme Court to fulfill its duties and urged the Constitutional Court to make a pronouncement, given the extreme violation of the constitutional order.  

Assistant Secretary of State Brian A. Nichols condemned the raid in a tweet and said, “We will pursue accountability for those who participate in efforts to undermine the democratic transition to President-elect Arévalo.” Matthew Miller, Spokesman for the Department of State, stated that visas would be denied for individuals implicated in efforts to obstruct the democratic process. Attorney General Consuelo Porras, Prosecutor Rafael Curruchiche, and Judge Fredy Orellana already are under such restrictions, along with a number of other Guatemalans on the Engel List, and this measure has not had any corrective effect.

The European Union in a statement expressed deep concern “over the continuing and persistent attempts to undermine these election results through selective and arbitrary legal and procedural actions that are not in line with Guatemala’s constitution nor with the international and regional standards that Guatemala has subscribed to.” The EU said it “remains fully committed to support inclusive and sustainable development in the country” and “stands ready to work closely with the administration of President-elect Arévalo on these and other shared priorities like the promotion of democratic governance and the rule of law, when he takes office in January 2024.”

United Nations High Commissioner for Human Rights Volker Türk also expressed “deep concern at the sustained measures, including actions by judicial authorities, which appear to be taken to undermine the outcome of the electoral process in Guatemala.” He  noted that this was the fourth raid of the TSE headquarters in the post-electoral context and said “[t]here are serious concerns over the compatibility of these actions with international human rights law, as well as with the Guatemalan Constitution and national legislation.”

The Inter-American Commission on Human Rights (IACHR) in an October 4 communique referred to the confiscation of documents a “theft” and urged the State of Guatemala to “respect the outcomes of the general elections and cease the actions of the Public Prosecutor’s Office that jeopardize the constitutional order and the independence of the branches of government.” The IACHR noted that a number of situations point to the progressive deterioration of democratic institutions, the rule of law, and the human rights situation in Guatemala. These include “continual interference in the electoral process in the form of interpretations of regulations and practices that effectively prevented individuals and political parties from taking part in the elections, the delay of more than two weeks in announcing the results of the first round of the elections, [and] the attempt to suspend the registration as a legal entity of the Semilla Movement to prevent its members from being awarded public positions and the raid on its headquarters. Other matters of concern include the issuing of an arrest warrant against an official of the Citizen Registry at the Supreme Electoral Tribunal, raids and threats targeting judges of the Supreme Electoral Tribunal, and the initiation of impeachment proceedings against them. There have also been threats to the life and physical integrity of Bernardo Arévalo de León and Karin Herrera Aguilar, the presidential ticket of the Semilla Movement, which resulted in the IACHR granting precautionary measures.”

Arévalo Travels to US to Meet with OAS, State Department and White House Officials

President-elect Arévalo met with US Secretary of State Antony Blinken on October 2, as well as with White House officials, to discuss how the United States can assist in facilitating a peaceful transition of power from current President Alejandro Giammettai to Arévalo on January 14. Secretary Blinken expressed concern about the situation in Guatemala. Arévalo reported, “We exchanged and reiterated our commitment to ensuring that democracy prevails and that respect for the vote of Guatemalans is guaranteed. We also committed to mutual collaboration in creating development opportunities for the country.” The US Department of State has condemned Guatemala Attorney General Consuelo Porras as “corrupt” and “undemocratic.”

Public Ministry Requests Removal of TSE Judges’ Immunity 

On September 27, the Public Ministry filed a request with the Supreme Court asking that the judicial immunity of Supreme Electoral Tribunal judges be lifted so that the judges could be investigated for alleged irregularities in the funding and acquisition of the computer system that was used in the presidential election. The office gave as reasons for the request “the possible commission of the crimes of fraud, breach of duties and abuse of authority.” The request was filed by four incumbent Supreme Court judges, including Blanca Stalling, as well as several alternate magistrates. The effort to strip the TSE judges immunity and prosecute them is viewed as part of an ongoing effort by the Public Ministry to delegitimize President-elect Arévalo’s Semilla Party and his victory in the presidential election. 

Corruption in the Courts:

Judge Ruano Flees into Exile 

Former Judge Carlos Ruano, recognized by the United States as an anti-corruption champion, has fled into exile following persecution for his denunciation of Judge Blanca Stalling. He stated “I’ve been put in a high-risk situation, and I had no other option than to seek protection outside the country.” After Ruano denounced Stalling for pressuring him to give favorable treatment to her son in a corruption case, he resigned and made the decision to leave Guatemala to avoid criminalization and incarceration. After resigning, Ruano no longer has the protections and immunity that come with the judicial position, motivating his decision to leave the country. More than thirty judges and prosecutors have fled into exile since President Alejandro Giammattei took office. (See our September 15 update, on our blog, for more context on this and the news below.)

Attorney Claudia González Remanded to Pretrial Detention

After a month of detention following her arrest on August, Attorney Claudia González’s initial hearing has concluded; Judge Jimi Bremer ordered that González be remanded to pretrial detention. Guatemalan law allows for pretrial detention if there is a risk that the defendant will flee or obstruct the investigation. González is a respected attorney who was working on pivotal cases involving other criminalized attorneys and judges, including Virginia Laparra and Juan Francisco Sandoval, and she was former lead attorney for the International Commission Against Impunity in Guatemala. She is being persecuted by Judge Jimi Bremer for her work leading the case against Supreme Court Judge Blanca Stalling. González is being charged  “abuse of authority”–a charge that can only be levied against public functionaries–despite the fact that she has never worked as a public official. González has filed three appeals. The prosecutor’s office will have three months to build their case against González. The persecution of Claudia González is the latest case in the ongoing harassment of anti-corruption prosecutors, which has been denounced internationally.

Justice:

Hearings continue in the trial of soldiers accused of responsibility in the 2012 “Cumbre de Alaska” massacre

Nearly 11 years after seven peaceful, Indigenous protesters were shot and killed by Guatemalan soldiers and many more injured, hearings continue as the Public Ministry’s witnesses testified before the court. José David Ordóñez, the mayor of Chuculjuyup, placed the blame for the massacre on former President Otto Pérez Molina and former Interior Minister Mauricio López Bonilla, stating that the accused soldiers were only fulfilling orders from Molina and Bonilla. Retired General Arturo Urizar González testified that he received orders to support the National Civil Police at Kilometer 170, where the protest was taking place. He also told the court that on October 4, 2012, he received an order to form a security squad. This contradicts the defense’s stance that the police and military did not plan the massacre.

Migration:

The International Organization for Migration (IOM) and UNICEF call for humanitarian aid for thousands of migrants in Esquipulas

The city of Esquipulas, in the eastern department of Chiquimula, is overwhelmed by thousands of migrants en route to the United States, driven by insecurity and employment and economic difficulties. The city has a limited capacity to provide humanitarian aid to the migrants, whose numbers increased by 200 percent in June and July, compared to the start of 2023. From January to September of 2023, 400,000 migrants passed through the Darien Gap on their way to the United States, many passing through Guatemala. The migrants are mostly Venezuelan and Honduran, although IOM recently reports an increase in migrants from China, West Africa, Haiti, and Ecuador. Between April and August, 100,000 migrants passed through Esquipulas, 18 percent of whom were minors. IOM and UNICEF have deployed five mobile units to provide psychosocial support and primary care to the children, but their resources are overwhelmed. 

Guatemala Battles for its Democracy

The Guatemalan people are battling hard for their democracy. Protests have been held all over the country and are a regular occurrence outside Guatemala’s Public Ministry, as the attorney general and corrupt prosecutors, politicians, and others intensify their efforts to prevent President-Elect Bernardo Arévalo from taking office next January. The persecution of the Semilla Party, the Supreme Electoral Tribunal magistrates, and even poll workers has been relentless, in spite of the international community’s response, which included yet another meeting of the Organization of American States Permanent Council on September 1, culminating in a statement that among other things condemned the Public Ministry’s intimidation. GHRC lent support to Guatemalan protesters outside the OAS and live-tweeted the proceedings (see more here). 

The attack on democracy reached new heights this week. In an unprecedented move, Public Ministry officials raided the installations of the Supreme Electoral Tribunal and opened boxes containing election results. Full details are in the update below. 

Our team in Guatemala, meanwhile, has been supporting survivors pressing for justice, providing logistical assistance, physical accompaniment, and moral support. In the Rancho Bejuco case, only partial justice was achieved; retired army colonel Juan Ovalle Salazar was sentenced to twenty years in prison for his role in the 1982 massacre of 25 people, including 17 children, but 8 former civil defense patrol members were acquitted.

Standing with Guatemalans in Washington outside the Organization of American States

ELECTION UPDATE

PUBLIC MINISTRY RAIDS ELECTORAL OFFICES, OPENS BOXES CONTAINING VOTES

On September 12, the Public Ministry raided installations of the Supreme Electoral Tribunal (TSE). The raids were carried out in the Center of Operations of Electoral Processing. The Special Prosecutor’s Office of the Public Ministry reportedly opened 35 boxes containing electoral results from the first round of elections in June. Public Ministry officials returned to continue with the raid on September 13. 

According to the head of the Special Prosecutor’s Office Against Impunity, Rafael Curruchiche, the raids are part of an investigation of manipulation of the electoral results, in response to a complaint about the first-round results made by a private citizen. 

The TSE expressed profound concern and said the raids jeopardized the custodial chain of the vote and put at risk the Guatemalan electoral system, as well as democracy and its proceedings, violating the civic rights of citizens expressed at the polls. According to a statement by TSE magistrates, this unprecedented violation of the Electoral and Political Party Law showed that the intention is not to guarantee the popular will but to generate uncertainty and doubts about the election. The law specifies that the TSE and the Departmental Electoral Boards are the only competent authorities to verify and qualify electoral documentation. 

The TSE on the evening of September 12 requested that the Constitutional Court issue an injunction stopping the raids. 

ARÉVALO HALTS TRANSITION MEETINGS WITH PRESIDENT GIAMMATTEI

In a press conference, President-Elect Bernardo Arévalo called for the resignation of Attorney General Consuelo Porras and head of the Special Prosecutor’s Office Against Impunity, Rafael Curruchiche. He said transition activities he had begun to undertake with President Alejandro Giammattei would be suspended until conditions were appropriate. 

Semilla’s legal team late on September 12 filed a request to have Porras’ and and Judge Fredy Orellana’s judicial immunity removed so that they could be prosecuted. The team also filed complaints against Curruchiche and prosecutor Cinthia Monterroso, who led the raid. 

INTERNATIONAL COMMUNITY RESPONDS WITH DISMAY AND PROMISES OF ACTION

United States Responds, Threatening Punishment for Corrupt Actors  

The National Security Advisor to Vice President Harris, Phil Gordon, called the “unprecedented raids on the electoral installations” in Guatemala “an attack on the democratic process and the rule of law” and said the United States would “punish the corrupt actors that were trying to break it.” His remarks, made by tweet on September 13, echo the concerns of Assistant Secretary for Western Hemisphere Affairs, Brian A. Nichols, who said the raids undermined the democratic transition and the will of the Guatemalan people. 

On September  14, National Security Council Director for the Western Hemisphere Juan Gonzalez tweeted, “We will take actions to defend the will of Guatemalan voters, which include the use of sanctions and include suspending assistance and other tools.” 

European Parliament Passes Resolution     
In response to the raids, the European Parliament on September 14 passed a resolution that “strongly condemns the recent raids carried out by the FECI in the TSE offices, as well as the opening of boxes containing votes cast in last June’s general election and the seizure of computer materials related to the transmission of preliminary election results, violating the integrity of the electoral process and the chain of custody; condemns the fact that these events occurred against the will of the TSE, which is the supreme authority in these matters while the electoral process is ongoing; is particularly concerned about a possible breakdown in the constitutional order in Guatemala.” The European Parliament referred with regret to the “continuous attempts to suspend the Movimiento Semilla” and condemned and called for an end to any action, especially by the Ministerio Público, to overturn the election results, the continued steps to criminalize independent judicial operators, and the instrumentalization of judicial and prosecutorial institutions to undermine the rule of law. 

The resolution calls on “all Guatemalan political parties, government branches, and institutions to respect the electoral process’s integrity and outcome, as clearly expressed by Guatemalan citizens with their votes, and guarantee their civil and political rights, including the protection of elected officials, in compliance with international and regional standards and domestic laws.” The European Parliament also expressed its concerns about the arbitrary detention of prosecutors, judges, independent journalists, human rights defenders and former officials from the International Commission against Impunity in Guatemala and urged the immediate and unconditional release of Virginia Laparra, her lawyer Claudia González, and all those arbitrarily detained. The resolution notes that President Alejandro Giammattei accepted the results of the peaceful election, yet “since 12 July 2023, the Movimiento Semilla has been subjected to selective and arbitrary legal and procedural actions by the Public Prosecutor, who, according to the EU Election Observation Mission (EOM), ‘threatened the right and opportunity to participate in genuine elections and respect the will of the voters.’” The resolution also mentions the fact that on August 28, the Movimiento Semilla was again provisionally suspended by the TSE’s Citizen’s Registry, a suspension temporarily revoked by the TSE on September 3, until the end of the election period on October 31. 

European Union representative Peter Stan on September 13 had expressed serious concerns about the raids in the Supreme Electoral Tribunal and the seizure of computer material related to the Transmission of Preliminary Election Results (TREP). “These unwarranted actions,” he noted, “follow the official announcement of the election results by the TSE on 28 August, and persistent unacceptable attempts to undermine the election results through selective and arbitrary legal and procedural actions that are not in line with international and regional standards Guatemala has subscribed to.” 

OAS Observation Mission Deems the Opening of Boxes a “Frontal Attack on the Integrity of the Vote”
The Observation Mission of the Organization of American States issued a strong condemnation of the Public Ministry’s actions, saying “the opening of electoral pouches by persons and institutions other than those specified by law represents a frontal attack on the integrity of the vote and an affront to popular will.” The Mission said the Public Ministry’s actions were “intensifying a strategy of calling into question the electoral process and of intimidating electoral authorities and personnel and thousands of people who, with enormous civic commitment, carried out two days of peaceful and transparent voting.” The Mission reiterated that the lack of proportionality of the Public Ministry’s actions and of the criminal court’s actions (led by Fredy Orellana) which authorizes them “are evidence of a political instrumentalization of the apparatus of criminal prosecution.” The Mission continued, “Just as was expressed before the Permanent Council (of the OAS), the MOE considers that these actions could constitute conduct fitting the crimes of prevarication and abuse of authority.” 

PERSECUTION OF ATTORNEYS AND JUDGES

JUDGE CARLOS RUANO RESIGNS, FACED WITH INTIMIDATION AND THREATS

Ninth Court of Sentencing Judge Carlos Ruano has announced his resignation, citing harassment, intimidation, and a spurious, politically motivated lawsuit against him. He said he was resigning out of concern for his safety. The so-called Foundation Against Terrorism has filed a complaint against him for making accusations against Supreme Court judge Blanca Stalling. The Supreme Court, which was in the process of deciding whether his immunity could be removed in order to prosecute him (pending the decision of the Constitutional Court on an injunction Ruano had filed) has not yet accepted his resignation, which he submitted to the court on September 6.

CLAUDIA GONZALEZ REMAINS IN PRISON AS HER HEARING IS POSTPONED

Attorney Claudia González, who was the lead attorney with the International Commission Against Impunity in Guatemala (CICIG), remains in prison after being arrested on August 28. The charges against her are spurious; she is accused of abuse of authority, a term that applies only to public officials, and at no point during her work with CICIG was she a public official. Her initial hearing, which representatives of the US State Department/embassy and other international embassy representatives sought to attend, was declared “under reserve” and thus closed to the public. GHRC, along with more than three dozen other organizations, denounced the criminalization, persecution and unfounded apprehension of González and called for her immediate release. The second part of that hearing, scheduled for September 13, was postponed until September 19. See our Urgent Action on her case. You can still take action!

August 25 Guatemala Elections Update

The sectors opposed to the presidency of Bernardo Arévalo, who won last Sunday’s election in a landslide, have doubled down in recent days, prompting serious concerns for the safety of Arévalo and Vice President Karin Herrera, as well as high-level international responses to the continuing election interference. Please see details below.

• IACHR Issues Protective Orders for Arévalo and VP, Citing Reports of Plots to Assassinate Them

On August 24, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures of protection in favor of Bernardo Arévalo and his vice president, Karin Herrera. The IACHR found that “they are in a situation of gravity and urgency of risk of irreparable damage to their rights” and evinced concern about a plot to assassinate Arévalo and Herrero. ”The Commission is concerned,” stated the IACHR’s press release, “about reports of at least one plan to hurt or even kill the two beneficiaries, which was officially reported by the Public Prosecutor’s Office, although no details were provided of any measures taken in response to it.” The IACHR also mentioned stigmatization, harassment, hounding, and public disclosure of personal details of the president and vice-president elect on social media. The IACHR gave the Guatemalan government a period of 15 days to report on the adoption of necessary security measures.
       According to the request for protective measures, one of the assassination plots—dubbed Colosio after the 1994 assassination of Mexican presidential candidate Luis Donaldo Colosio—was going to involve private citizens as well as government employees. The sources of information about the plot, according to the request, were highly reliable, coming from three officials in three separate government agencies. A second assassination plan was revealed to Arévalo by four Public Ministry officials from the Prosecutor’s Office against the Crime of Extortion, who asked to meet with him after his August 21 press conference. The officials informed him that they had obtained privileged information related to criminal gang structures that could endager Arévalo’s life and safety. The officials also reported this information to the Directorate General of the National Civil Police.

• Sandra Torres Has Still Not Conceded
  
  Sandra Torres, of the National Unity of Hope party (UNE), has not yet conceded her defeat. Even before the run-off election was underway, she had suggested it could be fraudulent and, asked whether she would accept the results if she lost, she remained silent. She still has not issued a concession statement. Her party, UNE, had scheduled a press conference for the night of August 20 but suspended it, issuing instead a statement that said the party would define its position on the elections once the votes had been “clarified with total transparency.” President Biden, meanwhile, has congratulated Arévalo on his election, along with various other presidents, including Guatemalan president Alejandro Giammattei, who has arranged to meet with Arévalo to talk over transition procedures after the TSE certifies the election results.
  
  
• Ministry Continues Harassing TSE and Others Involved in the Election
  
  On August 22, two days after the second round of voting, the Public Prosecutor’s Office (aka Public Ministry) presented its second request for the withdrawal of the immunity of the Director of the TSE  registry, Ramiro José Muñoz Jordán. The first request, made in July, was aimed at prosecuting Muñoz for having disobeyed a judge’s order to suspend Semilla as a political party, even though suspending a political party during an election is illegal. On August 23, the Public Ministry requested the removal of immunity from the president of the TSE, Irma Elizabeth Palencia Orellana, and magistrate Mynor Custodio Franco Flores, as well as the substitute magistrate, Álvaro Ricardo Cordón Paredes, alleging that they had acted improperly in a case unrelated to Semilla. The Public Ministry has also asked the TSE for the names of the people who worked the polls throughout the country and for the names of the people in charge of transferring the data from the tally at each polling station to the digital electoral system.
  
  
• AG Requests Injunction Against Twitter Users who “Hurt the Public Order”
  
  On August 25, Attorney General Consuelo Porras filed a request for an injunction with the Constitutional Court, calling on the court to require various public officials to take action to protect the constitutional order against seven Twitter users named in the document who have supposedly “tried to limit the exercise of criminal prosecution” and “transgress the autonomy and independence of the Public Ministry” by “motivating the resignation of officials of the Public Prosecutor’s Office without there being any legal basis for it.” The multi-page document alleges that the lives, right to work, freedom of movement, and freedom of action of several Public Ministry officials are threatened, including Rafael Curruchiche and Cinthia Monterroso. The document refers to crowds outside the Public Ministry, who, by surrounding it, supposedly prevent the entry and exit of officials and deny them the ability to go and get food. In the request, Attorney General Porras calls on the court to obligate President Alejandro Gaimmattei, as well as the Minister of the Interior and the Director of the National Civil Police, to guarantee the public order and the preservation of the autonomy and independence of the Public Ministry and to take actions that protect Porras’ rights, as well as those of Rafael Curruchiche and Cinthia Monterroso, including sufficient elements of public security forces, if necessary, when a meeting or protest is not peaceful and there are clear threats of violence, or “if there are clear indications of an imminent threat of serious violence that cannot be reasonably addressed by more proportionate measures, as was apparent from the content of the social network posts X [Twitter], attached.” The tweets attached to Porras’ request for an injunction are primarily calls for her and Curruchiche to resign or announcements of demonstrations in front of the Public Ministry. Porras asked the court to order the Human Rights Ombudsman to request protective measures from the IACHR for herself, Curruchiche, and Monterroso.
  
  
• UN Secretary General Concerned about Efforts to Undermine Results
  
  United Nations Secretary-General Antonio Guterresin his August 25 noon briefingnoted that “the second round of elections in Guatemala took place in an orderly fashion, as underscored by OAS and EU observers.” He expressed concern, however, about “reports of attempts to undermine the results of the election in which Bernardo Arévalo emerged as the victor, by means of prosecutorial action against members of the electoral tribunal, the electoral boards, and political parties.” He stated that electoral institutions should undertake their work in an independent manner, respecting the free expression of the will of the electors.The European Union’s Electoral Observation Mission expressed concern on August 23 about the harassmentof TSE personnel by the Public Ministry. On August 25, the Organization of American States’ Electoral Observation Mission expressed concern about the Public Ministry’s latest efforts to intimidate TSE officials, stating, “It is crucial that the personnel that work in the Tribunal be able to carry out the activities corresponding to the electoral process without intimidation or undue interference. The OAS Mission reiterates that the extreme judicialization of the process has put democracy in Guatemala at risk, which the citizens of this country do not deserve. On Sunday, August 20, the people of Guatemala have clearly and forcefully expressed their decision at the polls. This is an indisputable fact.”

GHRC Congratulates the Guatemalan People!

The Guatemalan elections on Sunday were historic. Bernardo Arévalo, of the Semilla Movement, won with 59 percent of the vote, while Sandra Torres, of the National Hope Party, claimed 36 percent. For the first time in decades, Guatemalans were energized and hopeful about a presidential candidate, embracing Arévalo’s anti-corruption platform. Arévalo won 17 out of 22 departments. Feeding into the positive reception of Arévalo as a candidate are the parallels his heritage invokes; Arévalo’s father ushered in the first democratically elected government in Guatemala in 1944, wresting the country from the grip of repression and leading a period known as the Guatemalan Spring. Arévalo’s election has been hailed as a new Guatemalan Spring. 

Semilla’s victory was a triumph over many odds, not the least of which was a government ministry that was insistent on shutting the party out of the elections. As a Guatemalan human rights coalition, the Convergence for Human Rights, put it in a statement, the Guatemalan people elected Bernardo Arévalo and his running mate Karin Herrera, “in spite of an electoral climate marked by disinformation, criminal prosecution of members of the Semilla Movement, threats and intimidation of Supreme Electoral Tribunal judges, and attacks on various voting centers.” 

Arévalo and his party, as well as officials of the Supreme Electoral Tribunal (TSE), still face risks. On August 17, the head of the Special Prosecutor’s Office, Rafael Curruchiche, told reporters the Public Ministry would continue the investigation against Semilla, which is accused of falsifying information when it registered as a political party, and Curruchiche said they would not discard the possibility of issuing of arrest warrants for Semilla party members after the election. Two TSE judges, Blanca Alfaro and Gabriel Aguilera, received text messages threatening them and their families if they participated in any “fraud.” Alfaro publicly disclosed the threats on August 19 and later announced that, after the election, she would resign.

Sandra Torres, even before the run-off election was underway, suggested it could be fraudulent. Asked whether she would accept the results if she lost, she remained silent. She still has not issued a concession statement. Her party, UNE, had scheduled a press conference for the night of August 20 but suspended it, issuing instead a statement that said the party would define its position on the elections once the votes had been clarified with total transparency. President Biden, meanwhile, has congratulated Arévalo on his election, along with the European Union and various other presidents, including Guatemalan president Alejandro Giammattei, who has arranged to meet with Arévalo to talk over transition procedures after the TSE certifies the election results. 

Semilla, which is outnumbered in the Guatemalan Congress, will face difficulty as the Arévalo administration works to eradicate corruption and impunity, strengthen the social safety net, address malnutrition, and tackle other long-neglected and urgent needs.  

We’re moved by the bravery and strength of the Guatemalan people and encouraged by the triumph of democracy. We offer our congratulations to the people of Guatemala!

August 17 Elections Update and Timeline of Elections Interference

As voters go to the polls this Sunday, Guatemala’s democracy is being tested. The international community, which has been alarmed by the Guatemalan government’s attempts to interfere with the process, has put strong diplomatic pressure on the government to allow for free and fair elections and a peaceful transition of power.

The Secretary General of the Organization of American States, Luis Almagro, visited Guatemala two weeks ago, at the invitation of President Alejandro Giamattei, and submitted his report to the Permanent Council of the OAS on August 10. His report revealed that he had secured from the Guatemalan government a commitment that elections will take place on August 20, as scheduled; the run-off on August 20 will be between the two winners of the first round, Sandra Torres and Bernardo Arévalo, and a peaceful transition of power will occur on January 14 to the winner of the run-off. The OAS will continue monitoring the situation through the nearly five-month lame duck period. As Almagro put it, “From August 20 to January 14, the Mission will continue to accompany, and after January 14, 2024, it will depend on the governance conditions of the country and the new government that takes office.” Almagro called for an end to the harassment of Supreme Electoral Tribunal officials, “whether it is the results transmission system, arrest warrants against officials, requests for election records, or calls to testify, among other actions. The TSE cannot be under harassment, with more than a dozen accusations, all made during the first and second electoral rounds,” he said.

Speaking of the future after the elections, Almagro said that the fight against organized crime would be “essential,” along with “ensuring the governability of the country.” He said, “We are clear that governability does not only consist of coming to agreement with the parties in Congress, but that is an unavoidable job for whoever wins… Working on these different agreements during the transition process will be essential for the governability of the country, but essentially for the stability of democracy.” He also stressed the importance of “fair, adequate, and appropriate levels of representation for the country’s indigenous population, which is currently absolutely underrepresented.”

 As the world’s attention is on the upcoming elections, targeted violence against journalists and prosecutors continues. On the night of August 11, two journalists, Edin Alonzo and Hugo Gutierrez, were shot to death in Caballo Blanco, Retalhuleu. The journalists managed the “Noticias Caballo Blanco” Facebook page, which has about 34,000 followers, according to the Committee to Protect Journalists. They were attacked while returning home after covering the killing of a local woman, according to reports.

Judge Carlos Ruano, one of many anti-corruption prosecutors under attack, is facing a procedure to remove his judicial immunity, in retaliation for having denounced Supreme Court Justice Blanca Stalling. The procedure, like many, was initiated by the Foundation Against Terrorism.

Background on Election Results:

Guatemala held the first round of its general elections on June 25. Bernardo Arévalo, representing the center-left party Semillas, emerged from the first round of elections as one of two candidates for the presidency, to be decided in a run-off vote on August 20. The other candidate, Sandra Torres, represents the National Unity of Hope (UNE) party. She is reported to have strong alliances with current president Alejandro Giammattei, who, before his attorney general drove key prosecutors into exile, was under investigation in two separate cases.

A reformer who has said he will prioritize fighting corruption and dismiss Attorney General Consuelo Porras, Arévalo is considered a threat by the sectors that have the most to gain from the current system and the impunity it affords. 

Since the provisional results came out the following day on June 26th, both the electoral system and Arévalo have been the subject of intense threats, attacks, and targeted campaigns to weaken the legitimacy of the democratic process in the country. These attacks have stemmed from exactly the people Arévalo hopes to oust by winning the presidency but who currently hold most of the political power in the country. The Guatemalan government has come under scrutiny from countries across the world for its dramatic backsliding on human rights protections and the undermining of judicial institutions and the rule of law. The Giammattei administration is a driving force, according to experts, in the attacks democracy in Guatemala is facing. 

With less than a month to go before the second round of elections concludes, the coming weeks will hold many more challenges for Arévalo and Guatemala’s teetering democracy.

Timeline of Election Interference Following the First Round:

July 1st: Electoral results challenged

On July 1, nine political parties filed a challenge to the first-round election results, skipping the procedures established by law and taking their concerns directly to Guatemala’s Constitutional Court instead of the Supreme Electoral Tribunal (TSE). In spite of calls from international bodies to respect the June 25 election results, Guatemala’s Constitutional Court ruled to allow the challenge.

July 12th: Responding to Public Ministry’s request, judge orders TSE to suspend Semilla party

On July 12th, an order emanating from the Attorney General’s office was sent to the TSE’s registrar’s office. Acting at the behest of the Prosecutor’s Office Against Impunity, Judge Fredy Orellana ordered the TSE to suspend Semilla’s registration as a political party, specifying that no member of Semilla could be seated for any political position. The order stated that the TSE had 24 hours to suspend Semilla and would face legal consequences otherwise. The order was widely considered to be illegal; according to Guatemalan electoral law, no political party can be suspended while an election is in progress.

The TSE did not comply with the order but proceeded to certify the results of the first round of voting.

July 13: Semilla files for an injunction

As the order to suspend Semilla’s registration was looming, Semilla filed for an injunction with the Constitutional Court, requesting the suspension of the order.

The Constitutional Court has provisionally ruled in favor of suspending the order, and Semilla has relaunched its campaign with a view to the second round.

July 13th: TSE office is raided

Led by Public Ministry officials, armed police investigators wearing masks that covered their faces raided the TSE’s registrar’s office in an apparent attempt to intimidate and pressure TSE officials to carry out the pending order to suspend Semilla. They took away four boxes of files related to Semilla and its incorporation as a political party, an issue the Public Ministry has vowed to investigate and which formed the basis of the order to suspend Semilla’s registration as a political party. Thousands of signatures are needed to register for party status, and the Public Ministry alleges that Semilla may have been formed as a political party on the bases of thousands of false signatures, a claim Semilla denies.

July 13th: Public Ministry orders arrest of two Semilla members

Judge Fredy Orellana, at the request of the Public Ministry, ordered the arrest of two Semilla party founders, Cinthya Alejandra Rojas Donis, and Jaime Gabriel Gudiel Arias, for alleged ideological falsehood and illicit association.

July 16th: TSE confirms run-off date

On the afternoon of Sunday, July 16th, the head of the TSE, Irma Palencia, affirmed that the second round run-off elections, scheduled for August 20th, would go ahead without interruption or rescheduling. Palencia noted that the same resources and actions that were taken to guarantee legitimate elections in the first round would continue in the second, including national and international observers and strict security programs.

July 18th: Public Ministry announces plan to prosecute TSE director, who leaves the country

On July 18, the Public Ministry revealed that it would prosecute the head of the TSE registrar’s office, Ramiro Muñoz, for having disobeyed a judge’s order to suspend Semilla. Muñoz reportedly has left the country, on vacation, with no return date given. Because of his position heading the registrar’s office, he has immunity, but the Public Ministry can request that it be removed so he can be prosecuted. In his absence, the Public Ministry has targeted the acting director.

July 20th: Police, Public Ministry raid TSE office, planning to arrest acting director  

On July 20, the Public Ministry raided the Supreme Electoral Tribunal registrar’s office. This raid, like the previous raid on July 13, was led by prosecutor Cinthia Monterroso but in contrast to the first raid, the 24 heavily armed police officers who carried the raid out had a warrant for the arrest of acting director of the registrar’s office Eleanor Noemi Castillo Pinzon.

Castillo was not present at the time of the raid and the police withdrew. Castillo, according to legal experts, has immunity from prosecution because of the role she is playing in leading the registrar’s office in the director’s absence. Arresting her, therefore, would be illegal. As they left, Public Ministry officials took with them files related to Castillo.

July 21st: Public Ministry and police raid Semilla headquarters

On July 21, police raided the headquarters of the Semilla party. The officials claimed they were carrying out orders tied to the July 12th Semilla party suspension in search of proof of the alleged 5,000 “irregular” member registration. Semilla and Arévalo both claimed the raid was a “flagrant demonstration of the political persecution they have denounced” and that it violated the Constitutional Court’s injunction that prevented the suspension of Semilla’s party registration.

July 21: TSE files for an injunction before the Constitutional Court against various officials

Following the raid on the TSE office, to prevent officials and their institutions from contravening electoral law, the TSE filed for an injunction in the face of “the certain, future, and imminent threat that the denounced authorities could violate the Democratic Rule of Law by not guaranteeing the exercise of the functions of the Supreme Electoral Tribunal, of the temporary electoral bodies, and of the citizens in general, for the development of an electoral process until its conclusion in an environment of freedom and full validity of the constitutional rights of the citizens and political organizations.” 

The officials named in the injunction are as follows: David Napoleón Barrientos, Minister of the Interior; Henry Reyes Chigua, Minister of National Defense; Silvia Valdés, president of the Supreme Court of Justice (CSJ) and Judicial Branch (OJ); María Consuelo Porras Argueta, Attorney General and head of the Public Prosecutor’s Office; Wuelmer Gómez, Attorney General of the Nation; Edwin Ardiano, General Director of the National Civil Police; Alejandro Córdova, Human Rights Ombudsman; Edwin Martínez, Minister of Public Finances.

The Constitutional Court several days later denied the injunction.

July 26th: OAS Permanent Council Addresses Election Interference; OAS Head Invited to Visit

The Permanent Council of the Organization of American States (OAS) held a special meeting on July 26 to address recent attempts by the Guatemalan government to interfere with the election process. The special meeting of the Permanent Council was convened at the initiative of several countries of the Americas, including Canada and the US, and present to recount the Supreme Electoral Tribunal’s experiences was the president of that tribunal, Irma Palencia. The Permanent Council was preparing to make a pronouncement on the repeated actions of the government to affect the second round of elections, reportedly with a possibility of invoking the OAS Democratic Charter, when the Guatemalan government issued an invitation to visit the country. Secretary General Luis Almagro accepted an invitation made by Guatemala just prior to the start of the meeting.

During the meeting, fourteen member countries endorsed the electoral process in Guatemala and denounced pressures on the Supreme Electoral Tribunal (TSE). The member countries of the OAS expressed their concern about the latest legal actions taken against the Registry of the TSE and against Semilla, one of the two parties that made it to the second round of elections scheduled for August 20.  

The OAS has backed the TSE’s claims that the first round of the election was fair, and the OAS has been asked to continue monitoring the election. Almagro will meet next week with President Alejandro Giammattei and other authorities in Guatemala, as well as with presidential candidates Sandra Torres and Bernardo Arévalo. 

The US ambassador to the OAS lamented the situation in Guatemala and the need to have an extraordinary meeting of the council. He pointed out the numerous ways in which the Public Ministry had already threatened the integrity of the election process, including, as he put it, “by seeking criminal penalties against the Director of the TSE’s Citizen Registry for his refusal to execute an order to revoke the Semilla party’s legal status. These actions are unacceptable and constitute a direct threat to Guatemala’s democracy by attempting to undermine the will of the voters.” The US representative reaffirmed the importance of a resolution co-sponsored by the US and circulated on July 26th that calls on the government of Guatemala to uphold its commitments under the Democratic Charter.  

Founding Member of Semilla Goes into Exile 

On July 27, a founding member of Semilla, Juan Alberto Fuentes Knight, announced that he has gone into exile because of the persecution against Semilla’s group of founders. In a statement posted to Twitter, he revealed that since 2018 he has been facing an unrelated lawsuit and when it was filed against him, he resigned from Semilla in order not to affect the movement. Fuentes, who was formerly minister of finances, said that, contrary to narratives circulating, he had never been accused by the Public Ministry or by the International Commission Against Impunity of stealing or benefitting from public funds. Fuentes revealed in a further statement that he had made a payment once to a transport company before detecting anomalies and had made no further such payments.

UN Secretary-General, High Commissioner Express Concern about Elections

On July 27, UN High Commissioner for Human Rights Volker Turk expressed deep concern about attempts to undermine the electoral process in Guatemala. UN Secretary-General Antonio Guterres on July 22 expressed “great concern” and called “on the Guatemalan authorities to respect the human rights of the Guatemalan population, including the right to vote at genuine periodic elections, which guarantee the free expression of the will of the electors.”

July 31: Public Ministry Asks TSE for Names of People Who Entered Vote Counts into System

The Special Prosecutor’s Office Against Impunity (FECI) on July 31 asked the TSE to reveal the names of the people who entered into the computerized system the handwritten vote tallies during the first round of elections in each municipality and department. The FECI also asked for a certified copy of the results of various elections, both for local and departmental offices, as well as congressional offices, Central American Parliament positions, and the presidency. The FECI alleged that it had received reports that some of the information was falsified or altered when it was entered into the computerized system. 

The TSE responded that it was concerned about the request. The majority of the people who did this work at the polls were young, TSE president Irma Palencia said, and only worked at the polls for a few days. They scanned the information into the system, so it would have been impossible to alter it, she noted. The request was sent by prosecutor Leonor Eugenia Morales Lazo. The TSE was given five days to comply with the request, and on August 3 turned over certified digital and printed copies of the June 15 election results.

August 1: OAS Head Conducts Four-Day Visit to Guatemala

The Secretary General of the Organization of American States, Luis Almagro, traveled to Guatemala at the invitation of President Alejandro Giamattei. He met with various government officials, with members of the TSE, and with representatives of political parties and members of civil society.

August 10: Almagro Reveals Three Key Commitments Made by Guatemalan Government
Luis Almagro submitted his report to the Permanent Council of the OAS on August 10. His report revealed that he had secured from the Guatemalan government a commitment that elections will take place on August 20, as scheduled; the run-off on August 20 would be between the two winners of the first round, Sandra Torres and Bernardo Arévalo; and a peaceful transition of power to the winner of the run-off would occur on January 14. The OAS will continue monitoring the situation through the nearly five-month lame duck period, he said. As Almagro put it, “From August 20 to January 14, the Mission will continue to accompany, and after January 14, 2024, it will depend on the governance conditions of the country and the new government that takes office.” Almagro called for an end to the harassment of Supreme Electoral Tribunal officials, “whether it is the results transmission system, arrest warrants against officials, requests for election records, or calls to testify, among other actions. The TSE cannot be under harassment, with more than a dozen accusations, all made during the first and second electoral rounds,” he said.

Speaking of the future after the elections, Almagro said that the fight against organized crime would be “essential,” along with “ensuring the governability of the country.” He said, “We are clear that governability does not only consist of coming to agreement with the parties in Congress, but that is an unavoidable job for whoever wins… Working on these different agreements during the transition process will be essential for the governability of the country, but essentially for the stability of democracy.” He also stressed the importance of “fair, adequate, and appropriate levels of representation for the country’s indigenous population, which is currently absolutely underrepresented.”

See this excellent article in El Faro English for further information.

Interview with Raúl Molina Mejía and Election Update

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Human Rights Update May 2023

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ONGs Apoyan a Jorge Santos

Las organizaciones abajo firmantes expresamos nuestro respeto y apoyo incondicional a Jorge Santos, director de la organización guatemalteca de derechos humanos UDEFEGUA. La represión en Guatemala se ha convertido en noticia mundial. La maniobra para sofocar a los opositores a … Continue reading →

GHRC Turns 40 this Month. Please Donate to Support our Work!

Dear Readers, Your support has allowed us to continue our work into our 40th year! We began work on September 20, 1982, at the height of the armed conflict in Guatemala, with the urgent task of informing policymakers and the US … Continue reading →

Alert: Municipal Government of Nebaj Attempts to Evict Ixil Indigenous Authorities from their Office

This gallery contains 4 photos.

GHRC, Protection International, and the Human Rights Defenders Project joint statement condemning actions of aggression against the Ixil Authorities in their office in Nebaj English Translation Below August 31, 2022 On the afternoon of August 31, the Ixil Indigenous Authorities … Continue reading →

One of Guatemala’s Most Prominent Journalists and Two Others Arrested

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June 3 Human Rights Update

Congress Will Discuss Removal of Jordan Rodas as Human Rights Ombudsman On May 31, the Human Rights Commission of the Guatemalan Congress voted in favor of a proposal to request a plenary session to discuss the removal of Human Rights … Continue reading →

May 13 Human Rights Update

Pro-Military Allies Threaten Judge After Ruling to Send Former Officers to Trial On May 4, Judge Miguel Ángel Gálvez ruled to send nine former soldiers and police officers to trial for charges of attempted murder, murder, forced disappearances, and crimes … Continue reading →

Attorney General Election Sparks National Protests

On April 25, the Nomination Commission announced the final six candidates for Attorney General. The candidates include Néctor Guilebaldo de León Ramírez, Jorge Luis Donado Aguilar, Darleene Apolonia Monge Pinelo, Gabriel Estuardo García Luna, Henry Alejandro Elías Wilson, and María … Continue reading →

Judge Erika Aifán Forced into Exile

On March 21, Judge Erika Aifán joined the growing group of Guatemalans exiled in Washington, DC.  On twitter, she announced her resignation as High Risk Court Judge, stating, “It became clear to me that remaining in Guatemala and continuing to … Continue reading →

ALERT : Member of the Q’eqchi Community of El Estor Detained by the Police

March 23, 2022 Julio Toc Mucu was arrested by police on March 22 around noon near his home in Estor Izabal. He was taken into police custody in El Estor, accused of the crime of incitement to commit a crime. … Continue reading →

GHRC, LAWG, and 16 Other Organizations Urge US Development Finance Corporation to Reconsider Investments in Guatemala

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Today a group of human rights, foreign policy, immigrant rights, faith-based and refugee organizations joined a letter to the Development Finance Corporation (DFC) to express concern about the rapid deterioration of the rule of law in Guatemala and urging the … Continue reading →

GHRC Congratulates the Peaceful Resistance of La Puya

Protest outside of the Ministry of Mines and Energy (GHRC, 2016)

Ten years ago today, the Peaceful Resistance of La Puya was born in defense of community water, life, and health and against an illegal mine. On March 2, 2012, the communities of San José de Golfo and San Pedro Ayampuc united and established a protest camp outside of the entrance of the mine, which had been imposed without their free, prior, and informed consent. For ten long years, the resistance has struggled in the face of threats, intimidation, an attempted assassination, and a violent eviction. Due to the tenacity and determination of the Peace Resistance of La Puya, which included taking the case to the highest court, the mining license of the project was provisionally suspended in 2016, when the Supreme Court ruled that the affected communities were never consulted on the project and directly violated their rights, as established in the International Labor Organization Treaty’s Convention 169.  Guatemala’s Constitutional Court confirmed this ruling in 2017 and ordered a consultation..

Police and mining security violently evict and repress protesters (photo by GHRC, 2014)

The Progreso VII Derivada project–also known as the El Tambor Mine–is a gold and silver mine owned by US mining company Kappes, Cassiday & Associates (KCA). After illegally obtaining the mining permits, with the knowledge that the mine was contaminating community water sources with arsenic, KCA fought against the community resistance, using violence and criminalization in an effort to silence opponents of the mine. Now, under the terms of the Central American Free Trade Agreement, KCA is suing the government of Guatemala for $400 million dollars before the International Centre for Settlement of Investment Disputes.

GHRC is honored to have accompanied La Puya since its inception, awarding the Peaceful Resistance of La Puya the 2012 Alice Zachmann Human Rights Defender Award. GHRC’s Guatemala staff observed the 2014 violent eviction of resistance members and helped negotiate and support the safety of members of La Puya. 

In a letter of solidarity we signed, together with more than 50 organizations, we commend today the Peaceful Resistance of La Puya for its valiant, persistent defense of fundamental rights.

We congratulate the resistance for 10 years of commitment to defending their territories and we stand in solidarity with their nonviolent struggle. 

Our accompaniment of movements like La Puya has been made possible by generous contributions from supporters like you. Your donations allow us to continue on-the-ground support of defenders and provide key advocacy in Washington, DC.  Will you make a gift here to help us continue our work?

¡Que viva La Puya!

Second anniversary celebration of La Puya

Judicial Persecution of Anti-Corruption Prosecutors Increases

Six Prosecutors Investigating High-Level Corruption Arrested

Since February 10, the Guatemalan Public Ministry has issued seven arrests warrants for attorneys  connected to the former International Commission Against Impunity in Guatemala (CICIG) who work or have worked with the Special Prosecutor’s Office Against Impunity (FECI). Six such prosecutors have been arrested and await trial. Attorney Leyli Indira Santizo Rodas, former President of the International Commission Against Impunity (CICIG), and Eva Xiomara Sosa, former prosecutor with FECI, were arrested on February 10; Willy Roberto Racanac Lopez, an assistant prosecutor with FECI, was  arrested on February 16, along with Paola Escobar, also an assistant prosecutor with FECI. Aliss Moran, a former assistant prosecutor with FECI who resigned in January, had her house raided on February 16 and was arrested, after presenting herself voluntarily, on February 17; and Rudy Manolo Herrera Lemus, a former FECI prosecutor, has an arrest warrant pending but is no longer in Guatemala. The female prosecutors/former prosecutors are awaiting their trials in prison, where they fear for their safety. Racanac Lopez, due to medical concerns, is awaiting trial under house arrest. 

The latter four persecuted prosecutors mentioned above are linked to the 2020 Parallel Commissions case, in which prosecutors uncovered a corruption plot between lawyers, politicians, and businessmen to elect judges.

On February 23, Virginia Laparra, the head of FECI’s Quetzaltenango office, was arrested on charges of providing false testimony, abuse of authority, and encroachment of functions. She apparently fainted as she was informed of the arrest and was taken to a health clinic before being turned over to the court.

Five prosecutors working on corruption cases have resigned due to pressure during the month of February. Carlos Antonio Videz Nava, who as a prosecutor with FECI oversaw important cases involving money laundering and wrongdoing by government officials, announced on February 20 that he is now in exile. He stated that he feared for his life and feared unjust persecution. He had participated in the questioning of Witness A, who has accused Guatemalan President Alejandro Giammattei of receiving bribes (see more about this case below). Three additional prosecutors with FECI resigned on February 21, and the resignation of one more assistant prosecutor became public on February 23. On February 25, former FECI prosecutor Lorenzo Alberto Bolaños Sanchez announced that he had gone into exile, as he feared for his life and his freedom.

The UN Rapporteur on judicial independence in a February 13 statement denounced the acts of persecution against judges, prosecutors, and lawyers, as did the European Union in a February 11 statement, expressing “its utmost concern over the ongoing deteriorating of the rule of law in Guatemala, where the Supreme Court of Justice and the Prosecutor-General have initiated legal action against independent judges, lawyers and prosecutors, resulting in arrests and loss of judicial immunity.” The US Department of State in a February 16 statement expressed deep concern about “the Guatemalan Public Ministry’s unacceptable mistreatment and persistent abuse of current and former independent prosecutors” and said “the Public Ministry used searches and arrests based on sealed indictments and selectively leaked case information with the apparent intent to single out and punish Guatemalans who are combatting impunity and promoting transparency and accountability.”  The Inter-American Commission on Human Rights on February 22 called for the “cessation of any interference against the independence of the Judiciary in order to guarantee independent and impartial justice” and expressed concern that these incidents were occurring “in a context of severe setbacks in the fight against impunity and corruption in Guatemala.” The IACHR reminded the Guatemalan government of its “obligation to protect justice operators from attacks, acts of intimidation, threats, and harassment, and to investigate and effectively punish those who commit violations of their rights.” National and international nongovernmental organizations also condemned these recent acts of criminalization. According to the Unit for Human Rights Defenders in Guatemala, the persecution of the prosecutors “puts at risk the freedom to practice law and the right to defend human rights.” 

Witness Testimony Indicates Giammattei Financed Campaign through Bribes

Evidence has surfaced implicating Guatemalan President Alejandro Giammattei in illegal campaign financing. According to the testimony of a protected witness, Giammattei agreed to receive $2.6 million in bribes from construction companies to finance his 2019 presidential campaign. Reports first published in the Salvadoran daily El Faro indicate that the witness said a deal was struck between Giammattei and close associates Giorgio Bruni, then the Secretary General of former President Morales’ political party, Vamos, and José Luis Benito, the Minister of Communication, Infrastructure, and Housing under Morales administration. According to the testimony of the witness, who says he was present at a July 2019 meeting where the deal was discussed, Benito–in exchange for being allowed to retain his position as minister of communications in the new administration–arranged $2.6 million in contributions to the Giammattei campaign from construction companies, who in turn benefitted by receiving additional contracts and advance payments. A second source within the Giammattei administration reportedly confirmed to El Faro the existence of this deal. Although Benito was not kept on as minister in Giammattei’s administration, a number of these construction projects that allegedly formed part of the corruption scheme are in progress. Twelve highway construction projects worth more than $191 million are allegedly linked to this pact. According to El Faro, official documents show that eleven of them are underway and the last is accepting proposals.

Potential corruption in infrastructure projects of this sort is particularly relevant in light of international investment in infrastructure projects in Guatemala. In February 2019, the Inter-American Development Bank provided the Guatemalan government a $150 million loan for the building of roads.

The evidence gathered from the sealed testimony of Witness A was recorded in May 2021 as part of an ongoing investigation opened by FECI in response to the discovery in October 2020 of suitcases full of cash amounting to nearly $16 million, stashed in a house in Antigua, Guatemala rented by Benito. Benito, after a period on the run, was arrested on January 21, 2022, in connection with the case, pursuant to an arrest warrant issued in October 2020 for money laundering after the suitcases were discovered.

The testimony of the witness is in the care of Judge Erika Aifán, of High Risk Court “D.” Aifán has been subjected to intense pressure from the Attorney General’s Office but has refused to turn over the testimony or reveal the identity of the witness. In a written response to the Attorney General’s Office, Aifán explained her refusal to turn over the information, noting that the testimony is already part of a judicial process beyond the attorney general’s control, and the recording and the identity of the witness are now evidence in the court’s custody. 

As the El Faro article points out, the New York Times referenced the existence of Witness A last October in an article that revealed that another witness told FECI in July that he had delivered to Giammattei’s house a rug rolled with cash inside. The cash was allegedly part of a bribe by a Russian-backed mining company for the rights to operate part of a Guatemalan port in Izabal. When former leading anti-corruption prosecutor Juan Francisco Sandoval left Guatemala to go into exile in July 2021, he told El Faroin an exclusive interview that one of the reasons for his removal was that the investigation of the money found in a house in Antigua led back to Giammattei and to “payments from contractors” to finance a political campaign.

As the El Faro article points out, the New York Times referenced the existence of Witness A last October in an article that revealed that another witness told FECI in July that he had delivered to Giammattei’s house a rug rolled with cash inside. The cash was allegedly part of a bribe by a Russian-backed mining company for the rights to operate part of a Guatemalan port in Izabal. When former leading anti-corruption prosecutor Juan Francisco Sandoval left Guatemala to go into exile in July 2021, he told El Faro in an exclusive interview that one of the reasons for his removal was that the investigation of the money found in a house in Antigua led back to Giammattei and to “payments from contractors” to finance a political campaign.

According to El Faro, both the US State Department and the FBI have had a copy of Witness A’s testimony for months, as international transactions between the individuals or companies involved may have passed through US banking institutions. According to reports, one construction magnate implicated has been cooperating with US authorities. 

Attorney General Consuelo Porras Seeks Re-Election.

The call for applications for the upcoming Attorney General election closed on February 21. From this list, the Nominating Commission will choose six candidates to present to President Alejandro Giammattei, who will select the new Attorney General in mid-May. This week, the commission released a preliminary list of  26 candidates for consideration, including current Attorney General Maria Consuelo Porras.  

As the current head of the Public Ministry, Consuelo Porras has been criticized in recent weeks both nationally and internationally for her persecution of anti-corruption prosecutors. The United States removed her visa and placed her on the Engel List in September 2021 for her “obstruction of justice” in cases of high-level corruption in Guatemala. Former Attorney General Thelma Aldana tweeted, “The candidates for attorney general of Guatemala included on the Engel List for corrupt and anti-democratic actions and linked to organized crime should not receive votes from the Commission,” arguing that they are “unfit at the national and international level.” Porras’ candidacy was accepted by the Nominating Commission on February 23. The outcome of this election holds significant implications in the fight against corruption and US-Guatemala relations.    

A number of potentially strong candidates, such as independent judges, were excluded from the Nominating Commission’s list after a decision was made by the Constitutional Court not to count the years a judge has spent in service of the law in the tally of requisite years as a lawyer stipulated for eligibility for the attorney general position. International organizations, including GHRC, issued a statement of concern about a number of circumstances affecting the conditions of impartiality and transparency that must be guaranteed in the process.

Judge Pablo Xitumul at Risk for Arrest after CSJ Removes his Immunity

On February 9, the Guatemalan Supreme Court ruled to remove the judicial immunity of Judge Pablo Xitumul.  The International Observatory for Human Rights in Guatemala denounced the decision by the Supreme Court, condemning it as a “grave attack on his independence and an unacceptable action that seeks to frighten and intimidate justice operators in the country.” Judge Xitumul told the Associated Press that those he has sentenced are seeking revenge. The High Risk Court “C” judge–known for his decisions in favor of victims in transitional justice cases–can now be removed from his position and forced to face charges related to a 2019 incident in which a National Police officer demanded to search Xitumul’s car. Xitumul’s vehicle was not moving at the time; Xitumul was sitting in the car with his family. Judge Xitumul asked the reason for the search and the officer refused to give a reason. An altercation ensued, and the officer, José Cuxaj, grabbed the judge by the neck. Judge Xitumul filed charges against the officer, who answered with a lawsuit against the judge for “abuse of authority.”

Judge Xitumul is one of several high-court judges who has faced consistent harassment and suffered surveillance and other forms of intimidation. The Inter-American Commission on Human Rights (IACHR) granted Xitumul precautionary measures in 2013 after he began recieving threats related to his work overseeing the Rios Montt genocide trial. In September of 2021, the IACHR expressed concern over the weakening of the  judicial system, reminding the state of Guatemala “of its duty to protect those who work in the field of justice from attacks, intimidation, threats, and harassment.” The removal of Judge Xitumul’s immunity, according to international NGOs, forms “part of a systematic pattern that has been worsening and that has as a common denominator the use of the criminal justice and disciplinary systems to undermine the independence of judges and prosecutors.”

CODECA Leader Murdered in Jalapa .

Human rights defender Álvaro Marco Román was fatally shot while returning home to Tierra Blanca, Santa María Xalapán, Jalapa early in the morning on February 6th. Román–who dedicated his life to the struggle for community land rights–served as the president of his community board and a leader within the Campesino Development Committee (CODECA). In a public statement CODECA demanded that “the Public Ministry and national and international human rights organizations seriously investigate this repression against CODECA leaders.” The Human Rights Ombudsman also called for a prompt investigation to identify and prosecute all parties responsible for Román’s murder. Earlier this year, the Special Rapporteur on Human Rights Defenders and other UN experts released a joint letter sent to the Guatemala government denouncing the harassment, death threats, armed attacks, and assassinations of CODECA leaders and demanding the government address the “systemic repression against members of CODECA.” His death marks the 23rd assasination of a CODECA member since 2018. 

Remembering Dianna Ortiz

A year ago today Dianna Ortiz parted ways with her body. The gifts she has left remain: a center for torture survivors that she founded and ran, TASSC International; the contributions she made to the last place she worked, Pax Christi, where she was Deputy Director; the memories and legacy she left with us here at the Guatemala Human Rights Commission, where for many years she was a staff and later a board member; and, of course, the painful witness she gave to the atrocities of the Guatemalan army, carried out in collaboration with the US government.

By way of giving a window into that collaboration: the US Ambassador in a 1991 cable referred blithely to “numerous contacts we have made over the past few years, including with members of a death squad.” He outlined in the cable how the Guatemalan death squads operated. In all likelihood, using this knowledge, he sent someone to rescue Dianna twenty-four hours into her torture. Dianna asked the American sent to take her out of the clandestine torture center, which she later identified as the Escuela Politecnica, what would happen to the others who remained there under torture, the others she saw, the others she heard screaming? The man said, “Don’t concern yourself with them.”

For decades, not concerning themselves was the modus operandi of the US government, which at best turned a blind eye to the atrocities occurring in Guatemala and at worst actively assisted the most brutal army in the hemisphere as it carried out acts amounting to genocide.

Dianna was fierce. She spoke the truth. She blazed a trail that we do our best to follow.

She was also gentle, and as well as leaving a testimony of pain, she left a witness of love. She calls us to heal ourselves, reach out to one another, and fight for the rights of the most defenseless. That call to (the gentle) arms of courage, community, and action is essential today. Guatemala is weltering in a maelstrom of injustice. In the past week, five prosecutors and former prosecutors investigating high-level corruption were arrested on baseless charges and await trial. Four of those detained are women. Like Dianna, in spite of suffering intimidation, threats, and harassment, they are not backing off of the truths they’ve discovered, no matter who those truths implicate and what the truths cost.

In the years after escaping from the American who brought her out of the torture center—only to threaten her when she said she would not remain silent—Dianna felt she had to speak for the people she saw dying in that basement prison; for the people she saw already dead and thrown into a pit. She spoke in spite of the pain it caused her, in spite of the flashbacks, in spite of allegations from US embassy personnel that she must have sneaked out for a lesbian love affair and the 111 cigarette burns on her back were the result of a lesbian love tryst.As Dianna spoke for those who could not speak, we who were her friends and colleagues and walked with her on part of her journey will attempt to guess what she would say, were she here, in response to the intensifying crisis in Guatemala. Dianna would ask–What kind of aid is going from the US government to the Guatemalan military? To the police? What kind of nonhumanitarian aid is going to the government? Cut it off until human rights are respected.

Otherwise, she would say gently—otherwise we are complicit.

Visit our memorial page to see photos and leave a memory or comment. 

Thank you for standing with us as we remember Dianna, and thank you for working for justice for the Guatemalan people.

DEMAND AN END TO THE PERSECUTION OF ANTI-CORRUPTION PROSECUTORS

Protest the Targeting of Anti-Corruption Officials – Take Action Now! The Guatemalan Attorney General’s Office since February 10 has intensified its targeting of independent judges, prosecutors, and attorneys involved in the fight against corruption. Over a five-day span, the Attorney … Continue reading →

GHRC Accompanies Achi Women in their Fight for Justice as Trial of 5 Former Civil Patrollers Begins

Palacio de Justicia, Guatemala: Trial against 5 former civil patrollers taking place on Level 15 of the Tribunal Towers.  The oral and public debate stage in the trial against the 5 former members of the Civil Defense Patrol (PAC) accused … Continue reading →

2021 in Guatemala Marked by 846 Attacks Against Human Rights Defenders

The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) reported 846 aggressions against human rights defenders this year. Of the aggressions cited, 153 were committed against environmental defenders and 210 against judicial sector workers, including judges and … Continue reading →

Ministry of Energy and Mines Rams through Sham Consultation on Fenix Mine

On the morning of December 13, the Ministry of Energy and Mines (MEM) announced in a press conference that the consultation process on the Fenix Mine was officially completed. As mandated by a Constitutional Court (CC) ruling in response to … Continue reading →

December 10 Human Rights Update

54 Dead After Mexican Bus Carrying Central American Migrants Crashes A trailer crammed with over 100 migrants overturned in Chiapas on December 9, leaving 54 dead. According to Luis Manuel García Moreno–Chiapas Civil Protection Secretary–the weight of the trailer compounded … Continue reading →

December 3 Human Rights Update

Public Ministry Presses Charges Against Defender Beaten by Police Over the last week, three activists have been criminalized for charges related to their involvement in a peaceful demonstration that took place on November 21, 2020. The popular demonstration, attended by … Continue reading →

October 29 Human Rights Update

Congress Approves State of Siege in El Estor After Police Repress Protesters  Thousands of police and the military used tear gas and beatings to violently repress the Indigenous Q’eqchi’ resistance to the illegal Fenix nickel mine in El Estor, Izabal … Continue reading →

Members of Congress Push State Department for Stronger Action on Guatemala

The situation for judicial officials and human rights defenders in Guatemala continues to worsen. An update on the congressional Dear Colleague letter can be found below. The letter is out! Thank you for your help! In a letter released October … Continue reading →

Supreme Court Targets Pablo Xitumul in Latest Move to Criminalize Independent Judges

On October 6, the Supreme Court of Justice ruled to move forward with preliminary proceedings against Judge Pablo Xitumul of High Risk Court D regarding a traffic violation charge. In 2019, a police officer stopped Xitumul in front of his … Continue reading →

Failure to Comply: The Families of Laguna Larga Demand State Action

In an October 1  press conference lawyers with the Human Rights Law Firm, representatives of the Campesino Committee of the Highlands (CCDA), and Aldo Léon, of Voces Mesoamericanas, reported on a visit conducted this week to the displaced community of … Continue reading →

September 24 Human Rights Update

Land Defender in Jalapa CODECA Leadership Role Shot and Killed  Ramon Jiménez Lopéz–human rights and land defender–was killed on September 20 in the community of Volcan La Paz, Santa María Xalapán, Jalapa. After Jiménez failed to return home from work, … Continue reading →

Guatemala Tightens Screws on Judges and Prosecutors Investigating Corruption

Constitutional Court Ruling Leaves Judge Erika Aifán Open to ChargesOn September 16, the Constitutional Court rejected an injunction filed by high-risk court judge Erika Aifán, a ruling which leaves her open to charges. Last July the Institute of Appeals Court … Continue reading →

Arrest Warrant Issued for Ousted Anti-Corruption Prosecutor Sandoval

Last Friday, after accusations made by Guatemala’s Attorney General, a Guatemalan court issued an arrest warrant for Juan Francisco Sandoval, former head of the Special Prosecutor’s Office Against Impunity (FECI). The warrant came just a day after Attorney General Consuelo … Continue reading →

The Ongoing Criminalization of Human Rights Defender Abelino Chub Caal

The Guatemalan government, through the Public Prosecutor’s Office, insists on continuing to criminalize Abelino Chub Caal, in the context of land dispossession suffered by the Q’eqchi community of Plan Grande in El Estor, Izabal.

Abelino Chub, an indigenous land rights advocate, spent 813 days unjustly imprisoned previous to his trial, falsely accused of aggravated usurpation, arson, and illicit association. He was finally released on April 22, 2019 after the High-Risk Court A issued an exculpatory sentence, finding him innocent of all charges.

However, the Public Prosecutor’s Office has—inconceivably—decided to file an appeal against the sentence. On February 24, 2021, the Criminal Court of Appeals held a special appeal hearing. Defense attorney Jovita Tzul presented her arguments and Abelino Chub voiced his dismay at the appeal, asking the Court to uphold the sentence in his favor.

The Public Prosecutor’s Office did not even appear at the hearing, opting instead to send its allegations via written form. The court’s resolution of this appeal will be issued on March 10 at 3:00 pm. 

The actions of the Public Prosecutor’s Office appear to be part of a strategy to criminalize human rights defenders and community leaders in Guatemala. Keeping Abelino Chub embroiled in a criminal process literally handcuffs his ability to carry out his work in defense of the Q’eqchi people. This despite the high court’s finding Abelino to be completely innocent.

According to Abelino Chub’s defense, “The sentence issued on April 22, 2019 by the High-Risk Court A, is clear and logically reasoned. It is therefore incomprehensible that the Public Ministry alleges in its appeal that the sentence (2016-00328) is not well founded because it didn’t give sufficient evidentiary value to two of the prosecution’s witnesses—the foreman and the manager of the Murciélago farm, allegedly owned by Cobra Investments and CXI, Inc. (companies with a vested interest in the area and plaintiffs in the case). For this reason, it is clear that this continues to be a case of criminalization and a strategy for dispossession of the Q’eqchi lands.”

It is troubling that the Guatemalan State, via the Public Prosecutor’s Office, continues to criminalize and persecute human rights defenders, while promoting and endorsing the dispossession of indigenous lands. Furthermore, the Public Prosecutor’s Office has clearly disregarded its duty to investigate the serious irregularities that were evidenced during the trial. The High-Risk Court A, in its sentence, ordered “the Public Prosecutor’s Office to conduct an investigation into the irregularities detected in the public land titles that form part of the documentary evidence.” No such investigation has been conducted, however, to our knowledge, and no results announced.

Abelino was captured by the Guatemalan National Civil Police on February 4, 2017, in the department of Alta Verapaz.  The arrest took place in a context of pronounced social conflict provoked by business interests that have systematically stripped the Q’eqchi people of their lands. These companies have produced violence and serious environmental impacts while imposing their economic projects: monoculture plantations, the construction of massive hydroelectric plants, and nickel mining.

These projects have contributed to the increase in poverty and extreme poverty in the region. The Q’eqchi communities that have historically resided in the territory have repeatedly denounced the violence, repression, criminalization and evictions they suffer. However, the Guatemalan justice system has not responded to these complaints. In fact, megaprojects continue to be imposed on community lands, in violation of rights protected by the Constitution of the Republic and international conventions, such as ILO Convention 169, which establishes respect for indigenous lands and the right to prior, free, and informed consultations concerning the use of those lands. 

We, the undersigned organizations, denounce the criminalization of defenders and the dispossession of indigenous lands through the improper application of the law against those defending their legitimate and legal rights. The Inter-American Commission on Human Rights (IACHR) has expressed its concern regarding the criminalization of human rights defenders and the malicious use of criminal law to limit the exercise of the defense of human rights.   

We urgently call on the Guatemalan State to guarantee the rights of the Q’eqchi indigenous communities, including the right to defend human rights and the right to defend their territory. 

We urgently call on the Public Prosecutor’s Office to desist from continuing to pursue criminal proceedings which criminalize human rights defenders such as Abelino Chub Caal and violate the rights of indigenous communities, such as Plan Grande de El Estor, Izabal. In addition, we call on you to comply with your obligation to investigate objectively and impartially to stop the forced dispossession of Q’eqchi lands.

Signed:

Institutions

Abogado Liberal

ActionAid Guatemala

ALIANZAS, Unitarian Universalist Church of Arlington

Asociación Chomija

Center for Gender & Refugee Studies

Centro por la Justicia y el Derecho Internacional-CEJIL

Chomija

CoDevelopment Canada

Colectivo de Mujeres Ix Bahlam

Committee for Human Rights in Latin America (CDHAL)

Denver Justice and Peace Committee

Foro de ONGs Internacionales de Guatemala

Guatemala Human Rights Commission/USA

Guatemala Solidarity Project

Hamalali Garinagu

Latin America Working Group (LAWG)

Maritimes-Guatemala Breaking the Silence Network

MiningWatch Canada

Montreal Elders for Environmental Justice

Network in Solidarity with the People of Guatemala (NISGUA)

New Hampshire-Vermont Guatemala Accompaniment Project

Nicaragua Center for Community Action

Northern Virginians for Peace and Justice

Older Women Live OWL collective – Ckut 90.3 FM

Plataforma Guatemaltecos y Guatemaltecas Exiliados por Terrorismo de Estado

Projet Accompagnement Québec-Guatemala (PAQG)

Todos por Guatemala/All for Guatemala

TROCAIRE

Individuals

Jo-Marie Burt, Senior Fellow WOLA

Suzan Chastain

Roger Soles, Jade Enterprises

Wes Callender

Laila Hamdan

William Mair Russell

Gaillmarie M Goldrick

Bruce D. Rieder

Constance Freeman

Marilyn Baker

Jonathan Moller

John Ellig

William Walls

Sigue la Criminalización en Contra del Defensor Abelino Chub Caal

El gobierno de Guatemala, a través del Ministerio Público, insiste en seguir criminalizando a Abelino Chub Caal que subyace el despojo de tierras a la comunidad q’eqchi Plan Grande, de El Estor, Izabal. 

Abelino Chub, defensor de la tierra y los derechos de los pueblos indígenas, pasó 813 días injustamente encarcelado, acusado falsamente de usurpación agravada, incendio y asociación ilícita. 

Abelino finalmente fue puesto en libertad el 22 de abril de 2019 después de que el Tribunal de Mayor Riesgo “A” dictó una sentencia exculpatoria, evidenciando su inocencia. 

Pero el Ministerio Público -incomprensiblemente- presentó una apelación contra la sentencia. Por ello, el 24 de febrero de 2021, la Sala de la Corte de Apelaciones del Ramo Penal de Proceso de Mayor Riesgo y Extinción de Dominio llevó a cabo la audiencia de Apelación Especial. La abogada defensora Jovita Tzul presentó sus alegatos y Abelino Chub expuso su desacuerdo a la apelación y pidieron al Corte confirmar la sentencia a su favor. 

El Ministerio Público ni se presentó por haber enviado sus alegatos por escrito. La resolución de esta audiencia será dictada el día 10 de marzo a las 3.00 pm. 

La actuación del Ministerio Público se enmarca dentro de la estrategia de criminalización contra las y los líderes y defensores de los derechos humanos en Guatemala. Seguir manteniendo a Abelino Chub ligado a un proceso penal, es seguir criminalizándole. Ya fue declarado inocente. 

Según la defensa de Abelino Chub, “la sentencia dictada el 22 de abril del 2019 por el Tribunal de Mayor Riesgo A, es clara, con razonamiento lógico, por lo que es incomprensible que el Ministerio Público alegue en su apelación especial que la sentencia 2016-00328 que no se fundamenta al no dar valor probatorio a dos testigos de la empresa acusadora, siendo ellos caporal y gerente de la finca Murciélago, supuesta propiedad de las mismas empresas familiares de COBRA S.A. Y CXI S.A. Por tal motivo se analiza que sigue siendo un caso de criminalización y estrategia de despojos de las tierras q’eqchi.“ 

Es preocupante que el Estado, a través del Ministerio Público, siga persiguiendo y criminalizando a los defensores de los derechos humanos, siga promoviendo y avalando el despojo de las tierras indígenas, descartando su deber de investigar graves irregularidades que se evidenciaron en el proceso. 

Incluso el Tribunal de Mayor Riesgo A, en su sentencia, “ordena al Ministerio Público que realice investigación en relación a las irregularidades detectadas en las escrituras públicas que forma parte de la prueba documental.”

Abelino fue capturado el 4 de febrero de 2017 por la Policía Nacional Civil de Guatemala, en el departamento de Alta Verapaz. La captura se dio en un contexto de alta conflictividad generada por intereses empresariales, que han despojado de forma sistemática la tierra en manos de comunidades q’eqchis. Estas empresas han generado violencia e graves impactos ambientales en imponer sus proyectos económicos: plantaciones de monocultivos, la construcción de hidroeléctricas masivas, y la explotación minera de níquel. 

Dichos proyectos han contribuido al aumento de la pobreza y la extrema pobreza en la región. Las comunidades q’eqchies que ocupan históricamente el territorio han denunciado de manera reiterada la violencia, represión, criminalización y ataques que sufren. Sin embargo, el sistema de justicia guatemalteco no ha dado respuesta alguna a las denuncias. Al contrario, los megaproyectos se imponen por encima de tierras de comunidades violentando derechos amparados en la Constitución Política de la República y en convenios internacionales como el convenio 169 de la OIT que establece el respeto a las tierras indígenas y la consulta de buena fe: previa, libre e informada. 

Las organizaciones que suscribimos el presente pronunciamiento, denunciamos las intenciones de promover la criminalización y la promoción de los despojos, haciendo uso indebido del derecho penal contra defensores de los derechos humanos y comunidades indígenas que defienden sus derechos legítimos y legales. Es de resaltar que La Comisión Interamericana de Derechos Humanos (CIDH) ha expresado su preocupación respecto a la criminalización de personas defensoras y el uso malicioso del derecho penal para limitar el ejercicio de defensa de derechos humanos. 

Exhortamos al Estado Guatemalteco, de manera urgente, a garantizar los derechos de las comunidades indígenas q’eqchi, así como el derecho a defender los derechos humanos y la defensa de su territorio. 

Solicitamos al Ministerio Público desistir de seguir impulsando recursos penales que tienen como objetivo la criminalización de defensores de los derechos humanos, como Abelino Chub Caal, y la represión contra comunidades indígenas, como la comunidad Plan Grande del Estor, Izabal. Además, pedimos que se cumpla su obligación de investigar de manera objetiva e imparcial para detener el despojo de las tierras q’eqhi.

Firmado: 

Instituciones:

Abogado Liberal

ActionAid Guatemala

ALIANZAS, Unitarian Universalist Church of Arlington

Asociación Chomija

Center for Gender & Refugee Studies

Centro por la Justicia y el Derecho Internacional-CEJIL

Chomija

CoDevelopment Canada

Colectivo de Mujeres Ix Bahlam

Committee for Human Rights in Latin America (CDHAL)

Denver Justice and Peace Committee

Foro de ONGs Internacionales de Guatemala

Guatemala Human Rights Commission/USA

Guatemala Solidarity Project

Hamalali Garinagu

Latin America Working Group (LAWG)

Maritimes-Guatemala Breaking the Silence Network

MiningWatch Canada

Montreal Elders for Environmental Justice

Network in Solidarity with the People of Guatemala (NISGUA)

New Hampshire-Vermont Guatemala Accompaniment Project

Nicaragua Center for Community Action

Northern Virginians for Peace and Justice

Older Women Live OWL collective – Ckut 90.3 FM

Plataforma Guatemaltecos y Guatemaltecas Exiliados por Terrorismo de Estado

Projet Accompagnement Québec-Guatemala (PAQG)

Todos por Guatemala/All for Guatemala

TROCAIRE

Individuals

Jo-Marie Burt, Senior Fellow WOLA

Suzan Chastain

Roger Soles, Jade Enterprises

Wes Callender

Laila Hamdan

William Mair Russell

Gaillmarie M Goldrick

Bruce D. Rieder

Constance Freeman

Marilyn Baker

Jonathan Moller

John Ellig

William Walls

Dianna Ortiz, Presente!

With heavy hearts yet mindful that her work continues in the world we mark the passing today of Sister Dianna Ortiz, OSU. Dianna worked at the Guatemala Human Rights Commission from 1994 to 2002.  A survivor of torture in Guatemala, Dianna bravely pursued her case through the Guatemalan court system in the early 90s, to no avail, and bravely continued fighting for the rights of survivors of torture, founding the Torture Abolition and Survivor’s Support Coalition in 1998, as a project of GHRC. TASSC operated as a project of GHRC until it received its own 501(c)(3) status in 2002. In 1996 Dianna conducted a highly publicized vigil and hunger strike in front of the White House to request the declassification of all US government documents related to cases of human rights abuse in Guatemala since 1954. The State Department made a voluntary release of thousands of pages of documents that illustrated US complicity with the Guatemalan government in its brutal and genocidal campaign against the Mayan indigenous and against armed insurgents, human rights defenders, and others working for change.

Dianna first came to Washington to participate in GHRC’s 1992 conference against torture in Guatemala, giving the keynote speech. GHRC’s founding director, Sister Alice Zachmann, had fought for Dianna’s release when she was abducted in Guatemala in 1989 and was instrumental in connecting her with a torture treatment center in Chicago, the Marjorie Kovler Center. A couple of years later Dianna would join GHRC’s staff of three and play a pivotal role in supporting Jennifer Harbury’s efforts to learn the fate of her husband, Efrain Bamaca Velasquez, efforts that resulted in the disclosure of continued and close US collaboration with and funding of Guatemala’s military death squads.

Dianna was an example of strength, generosity of spirit, and courage. All who knew her were touched by her and all she touched was improved. We are blessed to have had her with us at GHRC and we know she will remain with us in spirit and with all who fight for human rights.

Dianna Ortiz, presente!

(Traduccion por Felipe Elgueta Frontier)

¡DIANNA ORTIZ, PRESENTE!

Con nuestros corazones apesadumbrados pero con la convicción de que su obra continúa en este mundo, hoy anunciamos el fallecimiento de la hermana Dianna Ortiz, OSU. Dianna trabajó en la Guatemala Human Rights Commission (GHRC) desde 1994 hasta 2002. Superviviente de tortura en Guatemala, Dianna llevó adelante su caso con valentía en el sistema judicial guatemalteco a principios de los años 90, sin obtener resultados, y con valentía continuó luchando por los derechos de las y los supervivientes de la tortura, fundando la Torture Abolition and Survivor’s Support Coalition (TASSC) en 1998, como un proyecto de la GHRC. La TASSC funcionó como proyecto de la GHRC hasta que recibió su propio estatus 501(c)(3) en 2002.

En 1996, Dianna llevó a cabo una vigilia y huelga de hambre muy publicitada frente a la Casa Blanca para solicitar la desclasificación de todos los documentos del gobierno estadounidense relacionados con casos de violaciones a los derechos humanos en Guatemala desde 1954. El Departamento de Estado liberó voluntariamente miles de páginas de documentos que ilustraban la complicidad de EE.UU. con el gobierno guatemalteco en su campaña brutal y genocida contra las y los indígenas mayas y contra insurgentes armados, defensores de derechos humanos y otros que trabajaban por el cambio.Dianna vino por primera vez a Washington para participar en la conferencia contra la tortura en Guatemala realizada por la GHRC en 1992, donde fue la oradora principal. La directora fundadora de la GHRC, la hermana Alice Zachmann, había luchado por la liberación de Dianna cuando fue secuestrada en Guatemala en 1989 y fue fundamental para conectarla con un centro de tratamiento de tortura en Chicago, el Centro Marjorie Kovler. Un par de años más tarde, Dianna se unió al equipo de tres personas del GHRC y tuvo un rol fundamental en el apoyo a los esfuerzos de Jennifer Harbury para conocer el destino de su esposo, Efraín Bamaca Velásquez, esfuerzos que revelaron los lazos estrechos y continuados de colaboración y financiamiento entre EE.UU. y los escuadrones militares de la muerte de Guatemala.

Dianna fue un ejemplo de generosidad de espíritu, fortaleza y valentía. Todos los que la conocieron fueron tocados por ella, y todo lo que ella tocó, mejoró. Fue una bendición de tenerla con nosotros en el GHRC y sabemos que seguirá con nosotros en espíritu y con todos los que luchan por los derechos humanos.

Arévalo Acts to Remove Attorney General Consuelo Porras

In a Win for Democracy and Hope, Bernardo Arévalo Takes Office

Shortly after midnight on January 15, Bernardo Arévalo was inaugurated as Guatemala’s president, fulfilling the hopes of many for a new Guatemalan spring. Until the last minute, sectors opposed to his presidency threatened to derail the inauguration, which was delayed  by nearly nine hours. At around 11:00 PM, former president Alejandro Giammattei–who has now been denied a visa for the United States, due to well-founded evidence of corruption–turned the office over the to Guatemalan Congress rather than to Arévalo, saying he feared that midnight, the deadline for the transfer of power, would arrive without the transition. He did not appear at the inauguration. The long delay in the inauguration ceremony owed to heated arguments in the Guatemalan Congress, as lawmakers disputed the make-up of the congressional delegation that would be involved in the inauguration and argued over the status of 23 Semilla lawmakers, given the party’s suspension. The debate surrounding the Semilla Movement’s classification as a political party had escalated in November, when the Constitutional Court upheld the temporary suspension of its legal status due to alleged registration flaws. Prosecutors allege irregularities in signature collection during the party’s founding. The Court’s order implied the removal of Semilla’s ability to hold legislative positions as a party. Temporarily, on the night of January 14, Semilla won the debate, as Congress agreed on an accord (5-2024) that would allow those sworn in as independents to in fact represent their parties. Semilla lawmaker Samuel Pérez Álvarez was elected president of Congress, and he invested Arévalo with the powers of office. Soon, however, Semilla’s status was changed; the Constitutional Court, in response to an injunction requested by the so-called Foundation Against Terrorism, the Liga Pro Patria, and members of Congress representing the Vamos party, ruled that Semilla legislators were independents, and they could not lead congressional committees or form part of the congressional leadership council. On January 19, a new election for the presidency of the Congress will take place, since Semilla lawmaker Pérez Álvarez has decided to step down from the presidency in light of the Constitutional Court’s ruling. International pressure was intense on January 14 as deliberations in Congress dragged on. Representatives of various diplomatic missions met urgently, and international leaders issued a joint statement, read by Secretary General of the Organization of American States, Luis Almagro, calling on Congress to fulfill its duty. Samantha Power, Administrator of the US Agency for International Development (USAID) who headed the US delegation to the inauguration, called on all parties to remain calm as the delay continued and demonstrations outside the congressional building were repressed with teargas. The inauguration at last took place, shortly after midnight, amid much fanfare.  In his inaugural speech, President Arévalo expressed gratitude to the Indigenous communities and youth for their pivotal support during the historic 105-day resistance. He highlighted his anti-corruption agenda and deemed as priorities social justice and the strengthening of democracy, cautioning against authoritarianism and corruption. His first official act involved visiting the site outside the Attorney General’s Office, where Indigenous people had maintained a 105-day resistance, to acknowledge the resilience and strength of the Indigenous communities, which in Arevalo’s words served as inspiration for thousands of Guatemalans advocating for democracy. On January 19, in an apparent effort to combat corruption, Arévalo in a letter to Attorney General Consuelo Porras requested a detailed report and a meeting with her to discuss the progress of criminal cases subject to rulings made by the Inter-American Court; the criteria used for criminal prosecution of cases linked to freedom of speech and the press; the protocol for action in response to protective measures issued by the Inter-American Commission on Human Rights; and the investigation into the purchase of COVID-19 vaccines.  In the face of legal and political challenges, President Bernardo Arévalo’s inauguration and his first actions as president have marked a moment of pivotal change for Guatemala. The resilience of the Guatemalan people and the support from international leaders underscored the significance of upholding democratic values. Crucially, the Indigenous resistance emerged as a driving force, indicating the Guatemalan people’s determination to shape the nation’s future. As President Arévalo embarks on his presidential journey, his commitment to social justice and anti-corruption measures have sowed hope for a new era in Guatemalan governance. We are so grateful to share this work and this moment with you. Your donations, actions, and commitment to supporting human rights in Guatemala are inspirational and critically important. We thank you from the bottom of our hearts. All of us at Guatemala Human Rights Commission/USA We are already ramping up our work for 2024! In the coming year, keep an eye out for: Our regular human rights updates, sent via email and published to our blog; speaking tours with Guatemalan human rights defenders in the United States; delegations to Guatemala to document human rights violations; and opportunities to take action!   DONATE Guatemala Human Rights Commission/USA

Our Winter Quetzal is out!

Our Winter Quetzal features the leadership of Guatemala’s Indigenous in the struggle to defend democracy. See the Quetzal here and donate to our work here.

Last week we awarded the Alice Zachmann Human Rights Defenders Award to Judge Miguel Angel Galvez. We were fortunate to be able to set up meetings on Capitol Hill for both Judge Galvez and Ixil Authorities Feliciana Herrera and Miguel de Leon. Feliciana, accompanied by GHRC’s Veronica Serrano Tama, participated in a press conference called by Congresswoman Norma Torres, Congresswoman Delia Ramirez, and Congressman Juan Castro. Both Feliciana and Miguel de Leon met with OAS Secretary General Luis Almagro and delivered a letter to him from Indigenous Authorities.

Indigenous Authorities have warned that, in spite of the December 14 Constitutional Court’s ruling ordering the Guatemalan Congress to guarantee the effective taking of office of all officials elected in 2023, a coup is still in progress, and they called on the international community to impose stronger sanctions on those responsible.

In other news, the Inter-American Court ruled on December 16 that the Guatemalan government violated the rights of the Indigenous Q’eqchi’ people to property and consultation by permitting mining on land in El Estor, Izabal where members of the community have lived at least since the 1800s. The court linked the human rights violations to “inadequacies in domestic law,” which fail to recognize Indigenous property and ordered the state to adopt new laws.The court ordered an immediate stop to all mining activities, gave Guatemala six months to begin awarding a land title to the community, and ordered the creation of a development fund. No further mining can take place, it said, without the community’s consent.

Efforts at a Coup Intensify as Barely a Month Remains before the Transition of Power

 The last week has been eventful in Guatemala, as the Attorney General’s Office, in alliance with other sectors, continues its efforts to overturn the election results and prevent Bernardo Arévalo from assuming the presidency. Even as Under Secretary of State Jose W. Fernandez visited the country and lauded an accord between Indigenous leaders and the private sector to support a peaceful transition to democracy, the Guatemalan government ramped up its efforts to prevent Arévalo’s presidency. 

We are conducting meetings in Washington this week with Ixil authority and mayor of Nebaj Feliciana Herrera, informing the US Congress and State Department of the dangers Indigenous leaders face for their pivotal role they are playing to try and prevent a coup. Next week we will be hosting Judge Miguel Angel Gálvez for a series of meetings and to receive the Alice Zachmann Award. If you are in the area, please attend to support Judge Gálvez, who is now in exile. 

Congress May Elect New TSE Judges
On December 1, the Guatemalan Congress voted to remove the immunity of four judges of the Supreme Electoral Tribunal (TSE) who have been accused of overvaluing the electronic voting system, known as the TREP. The four judges asked for a 20-day vacation–reportedly at the suggestion of the president of the TSE, who is the only one whose immunity is not threatened–and the four have left the country. Meanwhile, the Guatemalan Congress plans to name two alternate judges to the TSE, which would give it a quorum and make action possible as the other judges are out of the country. An injunction filed in the Constitutional Court seeks to remove the four judges from their posts, with the argument that in leaving the country, they abandoned their labors. If they are removed from their positions, four new judges will be elected. On December 5, TSE judge Irma Palencia in a communique expressed fears that the motive behind the persecution of the judges is to change the results of the election by incorporating new judges into the TSE who would not stand by the decision that Bernardo Arevalo won the election. 

On December 7, massive protests, led by Arévalo and Vice President-elect Karin Herrera, took place in Guatemala City in support of democracy.

The international community has responded strongly to the removal of the TSE judges’ immunity and the escalating threat to democracy.

Magnitsky Sanctions Imposed on Giammattei’s Close Advisor 
On December 1, the US Treasury Department sanctioned Luis Miguel Martinez Morales for his role in corruption in Guatemala. The Treasury’s Office of Foreign Assets Control said he was engaged in widespread bribery schemes, including schemes related to government contracts.After the eighth emergency meeting of the Permanent Council of the Organization of American States, on December 4, where the removal of the immunity of the TSE judges was decried and member states expressed serious concern about the threat to democracy in Guatemala, the OAS on December 8 adopted a resolution on Guatemala. Martinez is the former head of the now defunct Center of Government and is considered one of the powerful unelected officials in the government. In Guatemala, it is an open secret that Martinez and Giammattei are romantically involved. 

Indigenous Authorities Appeal Budget Before Constitutional Court
On December 5, Indigenous authorities filed an appeal in the Constitutional Court against the budget approved by the Guatemalan Congress on December 1. The budget assigns more funding to the Public Ministry and removes funding from education, health, and social development. The Guatemala-America Chamber of Commerce also has declared that the budget should be vetoed, not because of the defunding of basic necessities but to protect transparency and because it limits the actions of the incoming administration and puts at risk compliance with Guatemala’s financial obligations. 

Human Rights Watch Asks EU for Sanctions
Human Rights Watch, meanwhile, sent a detailed letter to the Members of the Council of the European Union, asking the EU to impose sanctions on Attorney General Consuelo Porras, Head of the Special Prosecutor’s Office Against Impunity Rafael Curruchiche, Judge Fredy Orellana, and Prosecutor Cinthia Monterroso. Human Rights Watch also asked the EU to consider imposing sanctions on other people who may bear responsibility for serious human rights violations in Guatemala, including by examining the responsibility of magistrates, members of Congress, and businesspeople. 

Bicameral Congressional Delegation Visits Guatemala
Five US Senators, led by Senator Tim Kaine and including Senators Durbin, Butler, Merkley, and Welch, and two member of the House of Representatives, Delia Ramirez and Norma Torres, are traveling to Guatemala this week to address democracy, stability, migration, economic growth, and security.

Giving Tuesday Support Our Work!

Today is the day! During the next 24 hours, people around the world will come together to participate in a global day of giving. At GHRC we have a goal of raising $4,000 to promote human rights in Guatemala and support communities and activists who face threats and violence.  This is a critical time for Guatemala. Our staff is on the ground in Guatemala, accompanying protests, providing support, and monitoring and documenting the human rights situation. The President-elect and the judges of the Supreme Electoral Tribunal run the risk of arrest. Outspoken student leaders and academics are being persecuted and jailed. We’re standing side by side with Guatemalans who are risking their own safety for their democracy. Will you stand with us?   DONATE

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