Guatemala 's Congress should ensure a transparent, merit-based selection process for Supreme Court and appellate court judges, Human Rights Watch said today.
On September 23, 2024, nominating commissions submitted to Congress a list of candidates for all 13 Supreme Court and 156 Court of Appeals positions for the 2024-2029 term. Under Guatemalan law, Congress must elect the judges by October 13, with an absolute majority vote.
"The selection of judges for Guatemala's high courts offers a crucial opportunity to begin restoring the integrity and independence of the country's judiciary," said Juanita Goebertus, Americas director at Human Rights Watch. "Lawmakers should prioritize candidates with unimpeachable records of integrity and a demonstrated commitment to upholding human rights and the rule of law."
The Guatemalan judiciary lacks sufficient independence and integrity, undermining the rule of law and threatening human rights protections. This stems from systemic problems in the judicial selection process, including nontransparent nomination procedures, political meddling, and undue influence by private interests and other actors seeking to manipulate the system for their own benefit. These problems have enabled pervasive corruption and allowed judges and prosecutors to arbitrarily target human rights advocates, anti-corruption investigators, and journalists.
Under Attorney General Consuelo Porras, the Attorney General's Office has filed numerous criminal complaints against independent judges, prosecutors, and journalists who have investigated and exposed corruption and abuse of power. According to the nonprofit Unit for the Protection of Human Rights Defenders of Guatemala, at least 91 people had fled into exile due to criminal prosecution, threats, or harassment since 2022.
During the 2023 presidential general elections, the Attorney General's Office and some judges attempted to unlawfully overturn the election that President Bernardo Arévalo won. The Attorney General's Office led efforts to suspend the legal registration of Arévalo's party, Movimiento Semilla, raided its headquarters, and seized over 125,000 original election documents.
Under Guatemalan law, the selection of Supreme Court and appellate court candidates is managed by separate nominating commissions. These bodies, formed by law school deans, judges, and bar association representatives, are tasked with vetting candidates and submitting a final list to Congress.
Between late July and September, the commissions compiled the list of candidates for the Supreme Court and for the appellate courts. Local civil society groups monitoring the process and an Organization of American States observation mission documented significant flaws in the selection procedure. These included conflicts of interest, lack of transparency, inadequate vetting, and the use of a grading system that failed to rigorously assess ethics and integrity. Time constraints led to accelerated voting sessions, especially for the appeals courts.
While the nominating commissions excluded some candidates credibly linked to corruption and abuse of power, local groups have raised concerns about some of the nominees. These include five candidates - Carlos Rodimro Lucero Paz, César Augusto Ávila Aparicio, Gustavo Adolfo Morales Duarte, Jorge Eduardo Tucux Coyoy, Flor de María Gálvez Barrios - whom prosecutors have investigated for their alleged role in a 2019 influence-peddling scheme for appointments to the high courts.
Other candidates for the Supreme Court include Dimas Jiménez y Jiménez, a prosecutor who has led an abusive investigation against peaceful protesters who demonstrated over the election of the dean of University of San Carlos, the country's largest public university.
Lawmakers should prioritize candidates with proven track records of pursuing justice and demonstrated independence and integrity, Human Rights Watch said.
International standards require using judicial selection methods that include safeguards to prevent appointments for improper motives. The United Nations Basic Principles on the Independence of the Judiciary note that independent judges should be able to issue their opinions "without any restrictions, improper influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason." Under Guatemala's Constitution, the appointment of officials should be based "only on reasons founded on merits of capacity, suitability and honesty."
"The stakes of this selection process could not be higher," said Goebertus. "The outcome will have far-reaching consequences for Guatemala's ability to combat corruption, protect human rights, and ensure democratic governance."
