A/HRC/43/3/Add.1 which can be a tool to promote human rights, was used to attack human rights defenders and delegitimize them. 24. Cases of misuse of criminal law against human rights defenders continued, such as the criminalization of public officials, including prosecutors and judges who carry out functions in defence of human rights (see paras. 33–36) (A/HRC/42/30, paras. 54 and 55). The high level of criminalization of members of certain organizations is particularly troubling, such as the 706 cases against members of the Altiplano Peasants’ Committee (CCDA) and the 256 cases against members of the Peasant Unity Committee (CUC). The most common charge is the crime of “aggravated trespassing” in the context of land claims. 25. In April, indigenous defender Abelino Chub was acquitted of all criminal charges against him (unlawful association, arson and aggravated trespassing). OHCHR welcomed the acquittal, noting, however, that he spent over two years in pretrial detention. In its judgment, High-Risk Court A held that criminal law had been used to criminalize the work of the accused without any crime having been committed. 16 Even in cases where human rights defenders were acquitted, they have not received reparations and those who filed groundless claims have not been sanctioned.17 3. Freedom of expression 26. OHCHR noted an increase in defamation campaigns and the spreading of false narratives or use of fake social media accounts, discrediting the work of journalists and intimidating them, including in the lead up to the elections.18 27. Community radio stations play a vital role in ensuring access to information in indigenous communities with a culturally and linguistically appropriate approach. However, these stations have little opportunity to compete for frequencies, given that those frequencies are made available through auctions. As a result, the wealthiest media outlets bid the highest and therefore monopolize the frequencies. The irregular use of frequencies by communities leads to searches by authorities, the confiscation of equipment and the criminalization of communicators on charges of “theft”. In September, during the state of siege in El Estor, Izabal, the Maya Q’eqchi’ community radio Xyaab’ Tzuultaq’a was searched by the Office of the Attorney General and shut down indefinitely.19 28. Investigations by the Office of the Attorney General have revealed the involvement of local political actors as the intellectual authors of several killings of journalists, such as in the January 2017 murder of Salvador Villagrán, a journalist from San Jorge, Zacapa. IV. Justice and the fight against impunity A. The election of high court judges 29. The challenges in the selection of new high court judges (see para. 9) exemplified the continued problems in the judicial appointment model (e.g., A/HRC/40/3/Add.1, para. 6, and A/HRC/28/3/Add.1, para. 22). The nominating commissions, established in August, were meant to select the new judges of the Supreme Court of Justice and the Appeals Courts for the period 2019–2024. However, between August and September, OHCHR documented numerous concerns in the process conducted by the nominating commissions, including a lack of appropriate methodologies, time frames and selection criteria to ensure an impartial, merit-based, depoliticized and transparent vetting of candidates. 30. On 16 September, the Constitutional Court issued a provisional injunction to suspend the appointment process and ordered the nominating commissions to start over (file Nos. 16 17 18 19 6 High-Risk Court A, case file 18002-2016-000328, 6 May 2019. oacnudh.org.gt/images/CONTENIDOS/ARTICULOS/PUBLICACIONES/ Informe_personas_defensoras.pdf (in Spanish), para. 39. oacnudh.org.gt/index.php/sala-de-prensa/noticias-y-comunicados/208-guatemala-la-libertad-deexpresion-y-el-rol-de-la-prensa-son-indispensables-para-asegurar-elecciones-libres-y-transparenteseste-16-de-junio (in Spanish). oas.org/es/cidh/prensa/comunicados/2019/288.asp (in Spanish).