During the first quarter of 2022, several former justice officials have been arrested, including Leyly Santizo, former employee of the International Commission Against Impunity (CICIG), and Siomara Sosa, former prosecutor of the Special Prosecutor’s Office against Impunity (FECI). According to the Attorney General’s Office (MP), this is part of an investigation that seeks the arrest of people linked to a case that is “undisclosed” at this moment.
The arrests come two days after the Salvadoran digital media outlet El Faro published an investigation in which a witness in a court case alerted that President Alejandro Giammattei received 20 million Quetzales from construction companies in bribes during the 2019 runoff election in order to be favored for those completing public works.
Guatemala’s justice system continues to decline since the removal of Prosecutor Francisco Sandoval from the Public Prosecutor’s Office. Former prosecutor Sandoval was also investigating serious corruption cases involving high-ranking state officials, which may have been the reason for his dismissal. Guatemala’s justice system is under the control of groups interested in maintaining corruption and impunity. As part of their interest, they have instigated malicious prosecutions against independent judges and prosecutors, including Judges Erika Aifán, Pablo Xitumul and others.
Given the weakening of the justice system and the serious threats against independent officials, the Inter-American Commission on Human Rights (IACHR) expresses its concern over the recent acts of criminalization and judicial persecution against justice operators and former members of the CICIG. The IACHR urges Guatemala to guarantee an independent and impartial justice system and to protect justice operators.
Likewise, in its press release, the IACHR mentions that on February 9th, it learned of the decision of the Guatemalan Supreme Court of Justice (CSJ) to declare a request for pre-trial proceedings to withdraw the immunity of Pablo Xitumul de Paz, judge of the First Court of Criminal Sentencing, Drug Trafficking and Crimes against the Environment, with jurisdiction to hear High Risk Proceedings of group “C.” The CSJ also ordered to continue with pre-trial proceedings against Erika Aifán, judge of the First Criminal Court of First Instance, Drug Trafficking and Crimes against the Environment, with jurisdiction to hear High Risk Proceedings of group “C”. At the same time, the CSJ ordered to continue with the pre-trial proceedings against Erika Aifán, judge of the First Criminal Court of First Instance, Drug Trafficking and Crimes against the Environment, with competence to hear High Risk Proceedings of group “D”. Both persons are beneficiaries of precautionary measures granted by the IACHR. On March 21, 2022, Erika Aifán announced her exile from Guatemala and the decision to settle in the United States to protect her safety, physical and psychological integrity, and to avoid reprisals from the Guatemalan State authorities.
The persecution and threats to officials, former officials and independent judges seems more like a persecution of those who have fought corruption and impunity in Guatemala.
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