UN Human Rights expresses its concern about the “continued erosion of the rule of law in Guatemala”

The United Nations High Commissioner for Human Rights expressed his alarming concern on Thursday about what he considers a “continuous erosion of the rule of law in Guatemala.”

Volker Türk points out that justice officials, including those who worked or cooperated with the UN-backed International Commission against Impunity in Guatemala (CICIG), they continue to face acts of “intimidation, harassment and criminalization”.

“It is especially worrying that administrative and criminal procedures are being used in apparent retaliation against those who participated in the investigation and prosecution of cases of corruption or serious human rights violations committed during the armed conflict,” declared the High Commissioner.

Türk indicated that the Special Prosecutor’s Office against Impunity (FECI) announced on March 28, in the last of a series of cases of this nature, that it was taking legal action against former CICIG commissioner Francisco Dall’Anese in relation to his work in the Commission.

According to press reports, the legal actions of the Prosecutor’s Office against the former Costa Rican commissioner Dall’Anese are part of the investigation called Fedecocagua (Federation of Agricultural Cooperatives of Coffee Producers) that also includes the manager of this company, Ulrich Gurtner Kappeler.

The head of the FECI, Rafael Curruchiche, requested an arrest warrant against Kappeler for money laundering. The prosecutor maintains that the former commissioner sent a note to the manager of Fedecocagua, informing him that an investigation by the aforementioned International Commission of this company had found no evidence of any illegality.

After twelve years of activity, the CICIG was dissolved on September 3, 2019. During the time it was in force and with the support of the Public Ministry, it managed to indict more than 1,500 people, prosecute more than 660 and, as of July 2019, he had gotten 400 convictions.

Concern about the rejection of candidacies for the general elections

The High Commissioner extended his concern for “presidential and vice-presidential candidates from across the political spectrum, including Thelma Cabrera, Jordan Rodas and Roberto Arzú,” whose candidacies for the general elections on June 25 were rejected by the Electoral Court “for apparently arbitrary reasons”. Appeals on these cases are before the Supreme Court.

“The right to participate in public affairs, including the right to vote and stand for election, is an internationally recognized human right. The Constitutional Court, the Supreme Court and the Electoral Court must decide impartially, based on the facts and in accordance with the law, without restrictions or undue influence,” Türk stressed.

The High Commissioner called on “the Guatemalan authorities to guarantee that judges and lawyers can exercise their functions freely and without fear of reprisals. An independent judiciary is vital to a democratic society.”