Contribution to the Fourth Cycle of the Universal Periodic Review on Guatemala

30/09/2022

DPLF, along with Protection International Mesoamerica, the Center for Justice and International Law (CEJIL), Cyrus R. Vance Center for International Justice, Guatemala Human Rights Commission, Impunity Watch, Latin America Working Group Education Fund, Washington Office on Latin America (WOLA), International Platform Against Impunity (PICI), ACTuando Juntas Jotay Program, and Robert F. Kennedy Human Rights (RFKHR), have jointly produced three reports in contribution to the Fourth Cycle of the Universal Periodic Review of the United Nations Human Rights Council 42nd Session on Guatemala.

These reports address the selection and appointment process of high courts magistrates; the impact on the independence of prosecutors and the autonomy of the Attorney General’s Office; and the attacks and criminalization of justice operators by powerful groups in Guatemala and State authorities.

Flaws in the selection and appointment process of high courts in Guatemala
Information is presented on the selection and appointment processes of high court magistrates in the country and their impact on human rights, specifically the guarantees of judicial independence in accordance with the obligations of the State of Guatemala established in article 14 of the International Covenant on Civil and Political Rights (ICCPR). This document has been prepared based on the review and monitoring of current legislation, policies and practices implemented or omitted by the State of Guatemala in relation to its obligation to respect and guarantee the rights associated with judicial independence, as well as based on the monitoring of organizations working on the issue, and members of civil society, in addition to the monitoring of the implementation of the recommendations made in the framework of the third cycle of the Universal Periodic Review of Guatemala. 
Impacts on prosecutors’ independence and the autonomy of the Attorney General’s Office of Guatemala
It was developed based on monitoring the laws, policies and practices implemented by the State of Guatemala in relation to its obligation to respect and guarantee the autonomy of prosecutors and prosecutor’s offices, and also on the experience of the organisations submitting it and the victims, including justice operators and members of Guatemalan civil society with whom we work. It focuses on providing information on the impact on the independence of prosecutors and the autonomy of the Attorney General’s Office in Guatemala, as well as the impact that this has had on human rights, specifically on the guarantees of judicial independence established in Article 14 of the International Covenant on Civil and Political Rights, a binding international treaty ratified by Guatemala in 1992. 
Attacks and criminalization of justice operators in Guatemala as part of the strategy to dismantle the fight against corruption and impunity
This document provides information on the criminalization of justice operators (judges and prosecutors) by powerful groups in Guatemala and State authorities as a strategy to dismantle the advances in the fight against corruption and impunity that had been achieved through the joint work of the Special Prosecutor’s Office against Impunity (FECI) and the International Commission against Impunity in Guatemala (CICIG), an ad hoc body of the United Nations.