A/HRC/43/3/Add.1
4251-2019 and 4862-2019).20 In the case of the nominating commission for the Supreme
Court of Justice, it ordered that the selection of commission members be repeated owing to
concerns regarding transparency. The Constitutional Court also ordered the Judicial Career
Council to carry out a pre-screening of judicial performance of the more than 500 candidates
before submitting the list to the nominating commissions for evaluations, in accordance with
the Judicial Career Law.
31.
On 2 December, the Constitutional Court issued a final and unanimous judgment
spelling out a road map for the election of high court judges, ordering that evaluations of
candidates occur within 30 days and that the list of nominations be presented to Congress
thereafter (file No. 6528-2019). On 7 December, the Court issued a press statement further
clarifying the judgment.21 Thus, on 9 December the nominating commission for the Supreme
Court was established and on 11 December, the nominating commission for the Appeals
Court was established.
32.
A number of measures are still necessary to consolidate the progress made since the
signature of the 1996 Peace Accords in order to strengthen the independence of the justice
system and the rule of law. This includes the approval of the by-law to the Judicial Career
Law and the selection of new members of the Judicial Career Council’s auxiliary bodies.22
B.
Judicial independence
33.
The patterns of attacks, reprisals and intimidation against judges and public
prosecutors documented by OHCHR in previous years persisted in 2019. Judges of the
Constitutional Court and those in the High-Risk Courts who preside over cases related to
transitional justice and corruption have been particularly targeted. Attacks have come from
sectors of society that could benefit from continued impunity.
34.
On 9 January, following an injunction blocking the Executive’s decision to
unilaterally withdraw from the agreement establishing CICIG, banners were hung around
Guatemala City with photos of three judges of the Constitutional Court, labelling them as
traitors. In August, workers of the Fenix mine of the Guatemalan Nickel Company in El Estor,
Izabal, blocked the exit of the judges of the Constitutional Court for an entire day. These
workers had been mobilized to protest against the temporary injunction issued by the Court
suspending the company’s mining licence owing to a lack of consultation with affected
indigenous communities and possible environmental impacts.
35.
In October, the Inter-American Commission of Human Rights issued precautionary
measures for four judges of the Constitutional Court (two acting judges and two alternates),
bringing the total number of Constitutional Court judges benefiting from such measures to
five.23
36.
Judges in the High-Risk Courts C and D, which have jurisdiction over complex
corruption cases, have faced various attacks linked to their work, including requests to lift
their immunity so they can be criminally prosecuted, smear campaigns in social media, and
the appointment of support personnel who leaked information and documents from the
courtrooms. Owing to these actions, Erika Aifán, the judge of High-Risk Court D, received
precautionary measures from the Inter-American Commission of Human Rights on 23
October.24
20
21
22
23
24
Civil society and judge of the Appeals Court filed the injunction request.
Constitutional Court, COM 25-2019. Available at cc.gob.gt/2019/12/07/comunicado-de-prensacomisiones-de-postulacion-magistrados-organismo-judicial/ (in Spanish).
Decree No. 32-2016 (Judicial Career Law), arts. 6 (d), 32 and 76.
Resolution 34-2017, precautionary measure 431-17, August 2017. Available at
oas.org/es/cidh/decisiones/pdf/2017/34-17MC431-17-GU.pdf (in Spanish). See also resolution
56/2019, precautionary measure 28-19, October 2019. Available at
oas.org/es/cidh/decisiones/pdf/2019/56-19MC28-19-GU.pdf (in Spanish).
Resolution 55/2019, precautionary measure 682-18, October 2019. Available at
oas.org/es/cidh/decisiones/pdf/2019/55-19MC682-18-GU.pdf (in Spanish).
7
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