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UN rights chief: rule of law at risk in Guatemala – JURIST

UN High Commissioner for Human Rights Volker Türk Thursday expressed alarm at the continued erosion of the rule of law in Guatemala. Türk condemned the intimidation, harassment and prosecution faced by justice operators who worked for or operated with the UN-backed International Commission against Impunity (CICIG), including former CICIG Commissioner Francisco Dall’Anese.The Guatemala Special Prosecutor’s Office recently announced legal action against Dall’Anese in relation to his work with CICIG. An independent judiciary is “vital” for a democratic society, Türk insisted. Between 2021 and 2022, there was a 70 percent increase of justice officials facing intimidation and criminal changes in the country. Some officials who had worked for CICIG left the country, fearing for their safety. He called on the Guatemalan authorities “to ensure judges and lawyers can function freely and without fear of reprisals.” Türk issued similar concerns earlier this year after warrants were issued against three justice officials, including a former staff member of CICIG.The International Commission against Impunity was established by a joint UN-Guatemala agreement in 2007 to carry out corruption probes. CICIG assisted the national judicial system in dealing with more than 100 high-profile cases of alleged corruption. Their work ceased in 2019 when the mandate was not renewed by then-President Jimmy Morales.Türk also warned of the potential violation of the right to participate in public affairs. Candidates from across the political spectrum had their electoral candidacies rejected on “seemingly arbitrary grounds” by the Electoral Court. Thelma Cabrera, the only indigenous candidate running for presidency, and fellow politicians Jordan Rodas and Roberto Arzú have appeals pending before the Supreme Court.The UN Human Rights Committee has consistently called on Guatemala to tighten protection for the judiciary and civil servants as well as ensure that selection and appointment processes are based on objective and transparent merit-based criteria. The World Justice Project has also criticised Guatemala for poor government accountability. In 2021, only 38 percent of Guatemalan respondents believed that a high-ranked government official would be prosecuted if they were found to have embezzled public funds for personal benefits. Whilst perceptions of corruption vary across institutions, 68 percent of Guatemalans also believed that most members of the Congress of the Republic are involved in corrupt practices.