A/HRC/43/3/Add.1
C.
The fight against impunity
37.
The technical support provided by CICIG to the Office of the Attorney General for 12
years made it possible to achieve significant progress in the fight against impunity and the
dismantling of criminal structures. 25 In the period of August 2007 to July 2019, CICIG
assisted in the prosecution of over 120 cases, involving approximately 660 people, including
high-profile defendants. CICIG also investigated over 70 highly complex criminal structures
resulting in more than 400 convictions. 26 Furthermore, it supported legal reforms to
strengthen the justice system.27
38.
Throughout the year, OHCHR registered an increase in reprisals against judges,
lawyers and prosecutors, especially those in the specialized unit against impunity (FECI) of
the Office of the Attorney General owing to their cooperation with CICIG (A/HRC/42/30,
paras. 54–55).28 Former CICIG staff were also targeted.
39.
On 27 September, the Congress created a commission of inquiry to investigate alleged
“illegal and arbitrary” acts by CICIG. 29 On 7 October, the Constitutional Court issued a
provisional injunction suspending this commission upon a request filed by the Attorney
General and civil society actors. However, Congress renamed this entity a “truth commission”
and continued to hold hearings about cases that had already been resolved in courts of law.
These actions appeared to be an attempt by Congress to undermine the judiciary and
delegitimize progress achieved in combating impunity.
D.
Transitional justice
40.
In 2019, some progress was made towards guaranteeing the rights to truth, justice,
reparation and non-repetition for victims of the internal armed conflict (1960–1996). The
Office of the Attorney General advanced with the digitalization and file management of cases
involving serious human rights violations, which was a positive step.
41.
An important development in the fight against impunity was the arrest, on 16 June, of
General Luis Mendoza, accused of genocide and crimes against humanity against the Maya
Ixil people, when he was director of operations during the administration of de facto Head of
State Efraín Ríos Montt in 1982 and 1983. The Office of the Attorney General filed a request
to change the judge of High-Risk Court A assigned to the case, owing to concerns regarding
her lack of impartiality. The appeals court granted this request on 17 October.
42.
In October, hearings commenced in the case of genocide and crimes against humanity
allegedly committed by the military command of the Government of Romeo Lucas García
(1978–1982). Those on trial are former chief of staff Benedicto Lucas García, the chief of
intelligence, Manuel Antonio Callejas y Callejas, and the chief of operations, César Octavio
Noguera Argueta. OHCHR monitored the trials and provided technical assistance various
stakeholders on international norms and standards related to transitional justice.
43.
However, there were some setbacks. On 21 June, High-Risk Court A issued its
decision in the case of sexual violence committed against Achí women between 1981 and
1985, dismissing the case with respect to three defendants, and provisionally closing the case
with respect to the other three defendants. On 9 September, the judge assigned to the case
was recused owing to concerns about her lack of impartiality, and the case was reassigned to
High-Risk Court B. On 5 December, the indigenous women plaintiffs filed a complaint
against the judge in High-Risk Court A for discrimination based on gender, socioeconomic
25
26
27
28
29
8
A/HRC/16/20/Add.1, para. 27; A/HRC/19/21/Add.1, para. 26; A/HRC/25/19/Add.1, para. 18;
A/HRC/28/3/Add.1, para. 23; A/HRC/34/3/Add.1, paras. 3 and 14; A/HRC/37/3/Add.1, para. 13; and
A/HRC/40/3/Add.1, para. 6.
cicig.org/cicig/informes_cicig/informe-de-labores/informe-final-de-labores (in Spanish).
CICIG, “Informe de cierre: el legado de justicia en Guatemala”, pp. 99–104. Available at
cicig.org/wp-content/uploads/2019/08/InformeLegadoJusticia_SI.pdf (in Spanish).
This included the judges Francisco de Mata Vela, Bonerge Mejía, Gloria Porras, Erika Aifán,
Yassmin Barrios, Miguel Angel Gálvez Aguilar and Juan Pablo Xitumul.
Legislative agreement 12-2019, September 2019. Available at
congreso.gob.gt/assets/uploads/info_legislativo/acuerdos/bb04a-12-2019.pdf (in Spanish).
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