Amnesty International’s world report on Human Rights places Guatemala in a complex scenario. Researchers estimate that, in the country, in 2023, there were practices similar to countries with dictatorial regimes.
During the investigation, the electoral event that brought Bernardo Arévalo to the presidency stood out. A process that was accompanied by complaints and criminal prosecution against key actors in the elections, according to the document.
In total, there were eight rights measured by the Amnesty International report, where each one shows a violation for Guatemalans. The main victims were human rights defenders, justice operators and journalists.
“What happened in Guatemala is echoed by some dynamics that we have noticed at the level of Central America with even more authoritarian practices. We have Nicaragua, but also in El Salvador an authoritarian model is consolidated,” explained Adeline Nau, researcher for Central America at Amnesty International.
Other points measured by the report are: freedom of expression, arbitrary detentions, situation of Human Rights defenders, impunity, girls and women, rights of the LGTBI community, indigenous peoples and the environment.
Greater restrictions
Last year Guatemala held its general elections, but the event “was plagued by irregularities,” the report points out. It points out the criminal prosecution against the judges of the Supreme Electoral Tribunal (TSE) and judicial proceedings against the political party that won the votes for the presidency.
As a consequence, the Public Ministry (MP) initiated a criminal investigation against four of the five TSE magistrates, who lost their immunity last November.
The officials are accused of the anomalous acquisition of the system for transmitting preliminary electoral results, known as the Trep Case. Added to this is that the magistrates also want to be investigated for another case, a process that has already reached the Congress of the Republic so that a pretrial process can be heard again.
“In 2023 we saw with great concern how civic space was further restricted with human rights defenders, journalists, and justice operators facing criminal proceedings or being forced to escape due to mounted processes,” added the researcher.
Making the results official in such a turbulent electoral event, according to the investigation, made the elected authorities take office. Scenario that could be beneficial to reverse dictatorial practices.
“With the change of authorities we hope that the message will be reversed and consolidated that the authorities, far from persecuting those who defend Human Rights, must protect them, because they are essential,” said the interviewee.
Criminalization model
The Amnesty International report indicates that one of the key actors in the criminalization processes is the Public Ministry (MP). Institution that is led by María Consuelo Porras, attorney general and head of said investigative entity.
During the final stretch of 2023, indigenous peoples and citizen groups demonstrated to seek Porras’ resignation, but it was not possible to achieve his removal.
The researcher reiterated that this institution is key to the persecution processes against Human Rights defenders, justice operators and journalists.
“The MP is the hub of the machinery of this criminalization model because it initiates criminal proceedings against people who report violations, or processes complaints that are inadmissible, which they realize is revenge,” Nau explained.
Although the Arévalo administration for Amnesty International could help reverse dictatorial practices from the government, the MP’s actions could increase judicial persecution actions. “We know that the MP continues with that administration for two more years, and we are going to continue supporting the demands so that functional justice is provided.”
Denies accusations
When the MP was consulted about the assessments made by Amnesty International researchers, the institution affirms that they are facts that have no foundations.
“The MP has the obligation to investigate all complaints that are presented, failure to do so would represent corruption. In that sense, all investigations are carried out with strict adherence to the principle of legality, objectively, impartially and guaranteeing respect for due process,” responded the Department of Social Communication of the MP.
The investigating entity considers that the assessments are wrong, since they are in charge of carrying out an investigation process, which is then analyzed by the judges.
“Conducting an investigation and fulfilling the function of the MP can never be classified as “arbitrary measures” since no person is superior to the law and it is only through the investigation that the facts can be clarified, and subsequently, as established Under the law, it is up to the judge to issue the corresponding resolution. For this reason, said statement is not only wrong but lacks legal basis,” he concluded.
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