Margaret SatterthwaiteSpecial Rapporteur of the United Nations On the independence of magistrates and lawyers, he called on Friday, May 23, the Guatemalan authorities to protect the Judicial independence for the next selection processes of high judicial and electoral positions, which will be decisive for the future of the country.
Satterthwaite emphasized that the designations of new magistrates for the Constitutional Court (CC)he Supreme Electoral Court (TSE) and the choice of the person who will assume the position of Attorney General in 2026 They will be key moments.
“The coordinated action cannot be left to the following online institution in the accountability chain. The 2026 appointments cycle runs the risk of cementing a justice system in which the law is nothing more than a weapon of convenience and not a guarantee of rights”said the rapporteur In your statement At the end of your official visit to the country.
“There is much to do to adapt the Guatemalan practice to its international obligations to safeguard the judicial selection of undue reasons,” he said.
According to the rapporteur, the Guatemalan judicial system is going through a decisive situation. This was warned when presenting his preliminary statement after An official two -week visit to the country.
During your stay, May 12 to 23, 2025Satterthwaite met with social sectors, indigenous communities, judges, prosecutors, deputies and held meetings separately with President Bernardo Arévalo and the Attorney General Consuelo Porras. Its mission, evaluate the guarantees – and threats – that faces an impartial judiciary and an autonomous legal profession.
Among her main concerns, the rapporteur also warned about undue pressures in the selection processes of magistrates and the alleged instrumentalization of criminal law to persecute justice operators and human rights defenders.
According to the rapporteur, the selections in important positions for next year will have a direct impact on the credibility and legitimacy of Guatemalan institutions.
The expert expressed concern about the recent attempts to “undermine the justice system”, particularly through the “Improper use of criminal law against justice operators, journalists and human rights defenders.”
MP under pressure and questions
In addition, the rapporteur denounced what in her opinion is “A worrying pattern of criminalization” of justice operators, human rights defenders and actors fighting impunity, and directly pointed to the Public Ministry (MP) as the protagonist of this practice.
In his statements, Satterthwaite asked the Attorney General Consuelo Porras to stop this process and the judges act independently due to possible cases of judicial persecution.
The report indicates that the Guatemalan Prosecutor’s Office under the direction of Porras since 2018 has suffered a deep transformation that has weakened its autonomy and established a vertical control structure that responds directly to the institution’s dome.
“I recommend that the Attorney General’s Office stop its criminalization process,” said the rapporteur at a press conference this Friday, May 23, presenting the report.
“I have heard people who are afraid and that’s why I have dedicated so much time in my statement to talk about the criminalization process. Criminalization is terrifying, it is something that nobody wants to experience”he added.
The Rapporteur denounces a systematic policy of criminalization against independent judges, anti -corruption prosecutors, journalists and social leaders, particularly those who have been critical of political power or who participated in the fight against corruption. These actions, he said, intensified after the general elections of 2023.
Satterthwaite emphasizes that more than a hundred prosecutors have frequently dismissed without adequate disciplinary processes, while others have been arbitrarily transferred. He also regretted the elimination of the MP Council, which has left the Attorney General with total control over disciplinary processes.
In addition, it indicates a redistribution of the institutional budget that has weakened key specialized units – as the Special Prosecutor’s Office against Impunity (FECI), that of Human Rights and that of Transitional Justice – in favor of prosecutors with less clear mandates.
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The rapporteur also questioned the institutional effectiveness, since 91% of the cases known by the MP since 2018 have been dismissed without reaching a judicial resolution. In indigenous communities, he added, many complaints are not even registered, and cases of violence against women continue to present high levels of impunity.
In that line, it is described that beyond statistics, the MP has been “instrumentalized.”
The report concludes with an urgent call to the State to reverse the tendency towards the concentration of power and recommends the executive body Attend the approach of the Inter -American Commission on Human Rights and promote an independent review of the functioning of the Public Ministry.
This evaluation could be carried out through an international mechanism, such as the Inter -American Commission, the UN Human Rights System or a panel of independent experts.
“The Executive Power is in a unique position to promote renewed confidence in the rule of law; therefore, I encourage you to assume a clear public commitment to end criminalization”highlights the statement.
Public Ministry position
In response, the Public Ministry expressed its categorical rejection of the preliminary report presented by the Rapporteur, considering that their statements do not integrately reflect the institutional work or the complete information provided during your visit.
“We regret that crucial data on institutional efforts and the challenges we face were omitted, including external interference attempts”MP said in a statement.
The institution emphatically denied that there is a policy of criminalization against specific sectors and argued that all its actions are based on serious and objective investigations, in strict attachment to the legal framework. “The hierarchical structure of the Public Ministry, constitutionally established, seeks precisely to guarantee the legality and objectivity in criminal prosecution, under the supervision of the Attorney General”he added.
The MP also stressed that it has international certifications that support its commitment to transparency and accountability, and assured that institutional resources are managed to comprehensively address all crimes, from violence against women to corruption.
He also stressed that the effectiveness of the work of the investigating entity should not be measured solely in convictions, since there are other valid and effective legal outputs.
According to institutional figures, between April 1, 2024 and March 31, 2025, the MP received more than 512 thousand complaints, managed 451 thousand cases, filed more than 21 thousand accusations and achieved more than 12 thousand sentences.
“The Public Ministry works for the benefit of the entire Guatemalan population, not to satisfy particular interests,” concludes the official pronouncement.