Guatemala prepares to elect judges to the Supreme Court and Appellate Courts

Guatemala’s political situation is ever-changing, offering both challenges and opportunities for progress. Efforts to defend human rights and uphold the rule of law are constantly assailed by unscrupulous actors intent on keeping the country mired in corruption and injustice. 

This month Guatemala prepares to elect judges to the Supreme Court and Appellate Courts, a process which has long-ranging implications for human rights defenders and access to justice. Over recent years, much of Guatemala’s political unrest has centered around its judiciary, where judges have shielded the corrupt while penalizing those pushing for reform. This is a pivotal moment to renovate a compromised system and strengthen the judiciary with qualified members. 

Additionally, on June 4th, President Biden issued a new executive order aimed at managing the U.S.-Mexico border, including measures to limit asylum applications and enforce daily encounter caps for adults and families with children.

At GHRC we believe that knowledge is power. We hope that this monthly news summary will inform and inspire agents of change who dream of a better Guatemala!

Government and Politics 

• President Arévalo Meets with Leaders of the 48 Cantones

On May 14th, President Arévalo convened a meeting with the leaders of the 48 Cantones of Totonicapán at the municipal theater of Totonicapán, as part of his ongoing tour throughout Guatemala. The meeting was prompted by a call from the Cantones urging increased representation and inclusion in federal decision-making processes. At the forefront were two pressing demands: a reduction in the cost of daily living expenses (“canasta básica”) and an expedited application process for Temporary Protected Status in the United States, a program that allows migrants whose home countries are considered unsafe the right to live and work in the U.S. for a temporary, but extendable, period of time. 

During the gathering, Edin Zapeta, president of the 48 Cantones, highlighted the long history of their demands being ignored and stressed the importance of addressing issues like infrastructure development, healthcare, education, and greater inclusion in decision-making processes. In response, President Arévalo promised to prioritize these concerns and announced the start of a comprehensive development plan for Totonicapán, which will begin in 2025. 

President Arévalo further assured the attendees that steps had already been taken to address the issues raised. Notably, emergency limits on the amount of corn and beans that could be bought had been approved to help control the rising prices of essential food items. Through these assurances, President Arévalo aimed to reaffirm his commitment to fulfilling the promises made during his candidacy and to collaborate closely with the 48 Cantones toward the betterment of Guatemala. The dialogue between President Arévalo and the leaders of the 48 Cantones signals a renewed focus on addressing long-standing grievances and fostering inclusive governance for the advancement of the nation as a whole. 

• Retired U.S. Ambassador Presents Amicus to Dismiss Consuelo Porras

On May 15th, the former US Ambassador to Guatemala Stephen McFarland filed an amicus curiae brief before the Constitutional Court, on behalf of the Rule of Law Impact Lab at Stanford Law School, to support the advisory opinion requested by President Bernardo Arévalo last April on the “honorability” of the Attorney General and head of the Public Prosecutor’s Office, María Consuelo Porras, to hold the position. The amicus curiae outlined international judicial norms concerning the accountability of prosecutors and explained that the judicial system in Guatemala does not meet these international standards. The brief emphasized the lack of an independent and impartial mechanism to hold the Attorney General accountable, which violates international legal standards and makes it practically impossible to remove the Attorney General from office. 

• Consuelo Porras Exhibits Annual Progress Report 

On May 16th, Attorney General Consuelo Porras presented her annual progress report at a luxury hotel in Antigua, Guatemala. The ostentatious event was reported to have cost over 22 thousand US dollars. Porras reported on several operations initiated by the Public Ministry (PM) that she claimed had been effective in fighting organized crime. No reporters were allowed at the event, which was attended by numerous individuals listed as “corrupt and undemocratic” by the U.S. State Department. 

Despite calls from President Bernardo Arevalo and civil society for her resignation, Porras clings to her position. A proposal to modify the organic law of the MP, which would allow the president to dismiss Consuelo Porras for her inefficiency in dealing with corruption cases and the persistent persecution of opposition politicians, activists, justice operators and journalists, is currently held up in Congress. 

• CSJ Does Not Grant Provisional Injunction to TSE Magistrates

On May 28, Guatemala’s Supreme Court denied the provisional amparo requested by four magistrates of the Supreme Electoral Tribunal (TSE). Magistrates Irma Palencia, Mynor Franco, Gabriel Aguilera, and Rafael Rojas, have been facing criminal prosecution by the Public Ministry since confirming Bernardo Arévalo’s victory in the 2023 general elections. The Court’s decision upholds the First Appellate Court’s April 5 ruling, which confirmed conditional freedom for the magistrates but increased their bail and prohibited them performing their duties. While the case continues in the Supreme Court, the magistrates have appealed to the Constitutional Court seeking to overturn the provisional decision. The First Appellate Court’s ruling not only raised the bail to Q700,000 and barred the magistrates from TSE premises, but also added an abuse of authority charge against Palencia. 

Judiciary and Legal Affairs

• José Rubén Zamora Granted House Arrest but Must Remain in Prison

On May 15th, José Rubén Zamora, founder and director of El Periódico, appeared before a judge  to request an end to his pretrial detention and was granted house arrest. He cannot be released, however, because he has two other trials pending in separate cases, and in these cases he has not been granted release. Zamora has been incarcerated for over 655 days in the Mariscal Zavala military base in Guatemala City. As a journalist, Zamora exposed the corruption of former President Alejandro Giammattei. He was sentenced to 12 years for money laundering, a charge considered spurious by human rights groups and journalist associations. His conviction was annulled and repealed in 2023, but he faces a retrial, and hearings in the case have been suspended three times. Despite facing numerous violent threats and attempts on his life before his initial incarceration, Zamora chose to remain in Guatemala. At the hearing, the Guatemalan court noted there was no reason to keep Zamora imprisoned as he “did not post a flight risk or a threat to any investigation.” 

In an interview before his hearing, Zamora stated, “If necessary, I will remain in Mariscal forever because I will not accept charges for crimes I have not committed.” During his more than two years of incarceration, Zamora has endured complete isolation, insect infestations, psychological trauma, and a dramatic decline in health. International legal groups, such as the Vance Center for International Justice, have publicly denounced Zamora’s sentence and the violation of fair and public due process. The Center has petitioned the Inter-American Commission on Human Rights  to urge the Guatemalan state to take immediate action to ensure his rights and well-being, facilitate his release from pretrial detention, and protect press freedom and other fundamental human rights. 

• Ex-Prosecutor Stuardo Campo’s Hearing Suspended

Former anti-corruption prosecutor Stuardo Campo is set to remain in pretrial detention at the Mariscal Zavala military prison. The Ninth Criminal Court was unable to proceed with the intermediate stage of the case against him due to the Public Prosecutor’s Office’s absence from the hearing on May 14, citing scheduling conflicts with other hearings. Campo told reporters, “The hearing was suspended due to the failure of the prosecutor’s office to appear. . . . I understand that it is part of the malicious delay intended by the current administration of the Public Ministry.” Campo faces accusations related to the corruption cases he once investigated within the Public Prosecutor’s Office. The hearing concerning Campo’s legal status has been postponed until June 20. Consequently, his pretrial detention is also prolonged. 

• Court Upholds Conviction of Colonel and Release of Eight Military Officers

On May 13th, denying an appeal from the victims, the Second High Risk Court confirmed the acquittal of eight out of nine individuals accused in connection with the 1982 massacre of 25 people, predominantly children, in Rancho Bejuco, Baja Verapaz, during the de facto government of Efraín Ríos Montt. Additionally, the court upheld the 20-year prison sentence given to retired Colonel Juan Ovalle Salazar for crimes against humanity. The appeal had been filed by the Asociación Bufete Jurídico Popular, María Natividad Alvarado, and the Human Rights Prosecutor’s Office, contending that there was an “erroneous” application of various legal provisions, including those related to proper compliance. However, their appeal was dismissed. 

This ruling confirms the verdict delivered in August 2023, which acquitted the following individuals: Mario Elfidio Córdova, Santiago Cojón Galeano, Lázaro Alvarado De Paz, Carlos Sesán Cajbón, Lauro Garrido Córdova, Mario Garrido Córdova, Juan López Sic, and Santos Cojón Galeano. In this instance, Judge Walter Eugenio Mazariegos Culpatan clarified that only retired Colonel Juan Ovalle Salazar’s guilt could be established for crimes against humanity. Furthermore, the judge stated during the sentencing that the Public Ministry (MP) failed to prove the involvement of the eight members of the Civil Self-Defense Patrols in the killings. As a result, he ordered their immediate release. 

• Judge Abelina Cruz Absolves Multiple Officials in Corruption Cases

On May 16th, Judge Abelina Cruz absolved multiple former government officials accused of corruption, citing inconclusive evidence. Among those exonerated was former military official and congressman, Estuardo Galdámez, who faced charges of illicit association, traffic of influences, active bribery, and money laundering in the case known as Assault on the Ministry of Health, which spanned from 2013 to 2014. This resolution effectively closes the case against Galdámez, freeing him from having to face trial. 

In recent months, Judge Cruz has also ruled in favor of José Luis Benito, Alejandro Sinibaldi, Gustavo Alejos, and other defendants in the Construction and Corruption case, among others. 

The Office of the Attorney General of the Nation (PGN), however, announced that it has appealed Cruz’s findings. The PGN affirmed that the ruling “prevents the State from exercising its right to obtain fair compensation from the accused and neglects the interests of society by failing to punish a crime of corruption.” Additionally, the Public Prosecutor’s Office reported that the Special Prosecutor’s Office against Impunity has filed an appeal against the resolution of the High Risk Court D that benefited Galdámez. 

• Court Denies Petition of Convicted Soldier in Molina Theissen Case

On May 15th, the First Chamber of the Appeals Court for Criminal Matters unanimously declared without merit the review measures requested by retired colonel Hugo Zaldaña Rojas, sentenced to 58 years in the Molina Theissen case. The court denied the request for house arrest due to the severity of the crimes for which he has been convicted, including crimes against humanity, forced disappearance, and rape. The court also referenced previous decisions of the Inter-American Court of Human Rights. 

• Constitutional Court Rejects President’s Consultation on Consuelo Porras’ Dismissal

The Constitutional Court (CC) declared President Bernardo Arévalo de León’s consultation regarding the dismissal of Attorney General and head of the Public Ministry (MP), María Consuelo Porras Argueta, as inadmissible. The consultation sought clarity on the president’s authority to remove Porras from her position. The court’s decision, announced by judicial sources on May 27, came after nearly two months of deliberation since the president’s initial request. 

President Arévalo’s government had initiated the consultation on April 8, citing concerns about Porras’s “lack of honorability” stating that she “is not committed to the fight against corruption” and, furthermore, “consented to an attempt to rupture the constitutional order and the electoral political system of Guatemala.” However, the CC deemed the consultation inadmissible, stating that the term “honorability” was not a constitutional requirement for the Attorney General’s role. 

• Election of Representatives for Supreme Court Nomination Commission Underway

The election of 12 representatives by the magistrates of the Courts of Appeals has begun. The initial phase will determine the composition of the Nomination Commissions for the Supreme Court (CSJ) and Courts of Appeals, with the 12 representatives being chosen from 135 magistrates in an assembly on June 7 using proportional representation. Last Friday, an Electoral Commission was formed to manage the election process for CSJ magistrates for the 2024-2029 period, consisting of Magistrate Jorge Alberto González Barrios (President), Magistrate Karin Sorely Gómez Girón (Vice President), Magistrate Alba Ruth Sandoval Guerra (Secretary), Magistrate Esmeralda Judith Orozco Navarro (Member), and Magistrate Frank Armando Martínez (Member). The Pro Justice Movement has raised concerns that magistrates involved in a 2019 election manipulation investigation could be part of this year’s Nomination Commissions, with some connected to controversial political operatives like Gustavo Alejos and Roberto López Villatoro, and another appearing on the US State Department’s “Engel List” of corrupt and undemocratic actors.
  

Steps Toward Justice

• Ex-Mine Workers Want Mining Activities to Continue

In a protest in front of the Ministry of Energy and Mining, ex-mine workers from the nickel mine in Izabal, Guatemala, urged authorities to reinitiate mining operations. The Fenix mine has a contentious history of environmental degradation,  violence, and human rights violations.  Despite a 2019 Constitutional Court order to suspend operations pending a community consultation, the mine continued, leading to significant protests by local Maya Q’eqchi’ communities and violent repression by state forces. These communities and environmental activists continue to raise alarms about the mine’s detrimental impact on Lake Izabal and surrounding areas. Mining operations have caused pollution and social upheaval, negatively affecting local livelihoods. 

The former miners from CGN and PRONICO are demanding its reopening, citing the need for jobs in the area. 

• Arévalo Calls for an End to Criminalization during the Constitution’s 39th Anniversary

On May 30, President Bernardo Arévalo addressed the Congress to mark the 39th anniversary of the Constitution, emphasizing the importance of the Constitution as “the main instrument for organizing political life and the best guarantee against authoritarianism.” While acknowledging existing social and economic disparities hindering development, he called for unity among lawmakers to address these challenges. He highlighted the upcoming election of new justices for the Supreme Court and Appeals Courts, urging Congress to support judicial independence. The session was attended by Vice President Karin Herrera, ministers, and judicial authorities. Preceding Arévalo’s speech, President of the Supreme Court and the Judiciary, Oscar Cruz Oliva, stressed the judiciary’s commitment to defending the Constitution despite challenges. President of Congress, Nery Ramos, echoed the call for unity, urging lawmakers to prioritize dialogue over personal and partisan interests for the country’s progress. 

• Ongoing Criminalization of Protests against USAC Dean 

The Third Appeals Court has upheld the arrest warrant issued by Judge Victor Cruz in a criminal case involving former Human Rights Ombudsman, Jordan Rodas, and members of the University of San Carlos (USAC) who opposed the appointment of Walter Mazariegos as dean of the university. As of May 2024, 74 students, faculty members, and administrative staff are facing criminalization as the University Superior Council (CSU) seeks disciplinary action against them for rejecting the de facto rector installed on July 1, 2022. Despite accusations of fraud surrounding Mazariegos’ appointment, he was ratified as dean on May 14, 2022, amidst controversy and claims of illegitimacy. Mazariegos has been accused of orchestrating a campaign to criminalize dissent within the university community, targeting professors and workers who opposed his appointment. 

Criminalization

• Activist Marco Antonio Villeda Sosa Detained

On May 27th, Marco Antonio Villeda Sosa, founder of the “Arbenzist Movement,” a group supporting Bernardo Arévalo’s candidacy, was arrested at the police headquarters in Zone 9 of the capital. The Public Prosecutor’s Office accuses Villeda Sosa of having assaulted a Public Ministry official during a raid of the University Cultural Center (“el Paraninfo”) in December 2023. The raid was targeted at those protesting the designation of Walter Mazariegos as dean of the USAC. 

• Forty-eight Q’eqchi’ Families from the Buena Vista Community Evicted

On May 22, approximately 500 police officers evicted 48 Q’eqchi’ families from the Buena Vista community on the Tz’inté farm in El Estor, Izabal. The eviction, led by agroindustrialist Luis Fernando Arriaza Migoya, was deemed illegal by lawyer José Luis Puac of the Committee of Campesino Unity (CUC) due to a lack of proper legal documentation and disregard for an pending legal decision favoring the community. Security forces allegedly destroyed homes and burned personal belongings, forcing the families to seek refuge by the side of a highway. 

The families settled in Buena Vista in 2015 after a landslide in Sierra Santa Cruz rendered their previous community uninhabitable, as confirmed by the National Coordinator for Disaster Reduction (CONRED). Despite a government promise to buy them new land, this commitment was never fulfilled, prompting the families to move to the Tz’inté farm. Arriaza Migoya previously attempted to evict the community in 2015. Following the eviction, the families sought refuge in the Santa Rosita community, spending the night on a soccer field. Their corn crops remain in Buena Vista, raising concerns about their food security and future livelihood. 

• Acquittal of Orlando Lopez Appealed

On May 28, the Mixed Court of Appeals of Zacapa reviewed the Public Ministry’s appeal of the Sentencing Tribunal’s decision to absolve former human rights prosecutor Orlando López of homicide charges. The Tribunal had previously ruled on March 18 that there was insufficient evidence against López and two agents, Ever Ovidio Fuentes and Edwin Gudiel Baltazar, regarding a 2016 traffic incident in Teculután, Zacapa, which resulted in one fatality. The Foundation Against Terrorism, an extreme-right NGO known to target anticorruption activists and human rights defenders, has also called for the annulment of the Tribunal’s decision. The appellate court will announce its ruling on June 12 at 10:00 AM.