GENEVA (1 July 2021) –UN Special Rapporteur on the independence of judges and lawyers, Diego García-Sayán, today urged
Guatemalan authorities to tighten protection for the country’s judiciary and civil servants after one senior judge
tasked with hearing cases brought against top government officials indicated he had been threatened and followed by
unknown individuals.
“I am very worried about a number of recent actions aimed at weakening the rule of law and judicial independence in
Guatemala,” said the UN human rights expert.
“The criminal law is being abused to target civil servants and justice officials, the very people who protect and
guarantee human rights, who are strengthening the rule of law and making great strides in the fight against impunity in
the country,” he said.
“I remind Guatemala of its obligation to promptly investigate acts of harassment or threats against judges.”
Judges Yassmín Barrios, Miguel Gálvez, Erika Aifán and Pablo Xitumul submitted a complaint to the public prosecutor's
office on 21 June, saying they were under increased surveillance and harassed.
The four judges try high-profile cases involving past or current government officials, high powered gang members, and
members of the military or paramilitary organizations. The special courts have sentenced senior officials such as former
President Efrain Rios Montt.
The courts were established to help strengthen independence of the Guatemalan judiciary and to combat corruption; judges
assigned to them are considered highly competent.
The four face more than 30 criminal charges, some of them several years old. They have asked the General Prosecutor to
dismiss any spurious or ill-founded complaints lodged in retaliation for carrying out their official duties with
independence. “It is clear that many of these cases, even if they are frivolous, are being dragged out in order to exert
pressure on judges,” said García-Sayán.
The UN expert also expressed alarm at decisions of the Constitutional Court to lift immunity that had shielded judges
Aifán and Xitumul against prosecution in separate cases against them.
“Guatemala must immediately stop abusing the law to harass judges,” said the independent expert. “If this highly
disturbing trend continues, prosecutors, attorneys and witnesses in cases related to the fight against corruption or
transitional justice may also come under threat.”
ENDS
Mr. Diego García-Sayán took up his functions as UN Special Rapporteur on the independence of judges and lawyers in December 2016. He was formerly a judge of the Inter-American Court of Human Rights for two consecutive terms. During
his tenure, he was elected Vice-President of the Court (2008-2009) and President of the Court for two consecutive terms
(2009-2013). He has long-standing experience working on human rights issues in a variety of settings, including for the
United Nations and the Organization of American States.