The Nomination Committee for the Court of Appeals met on Sunday, September 8, to hear, vote on, and accept the challenges filed against the candidates for magistrates. The objections filed against several actors who have been sanctioned by the United States were not accepted.
Only one objection has been admitted so far and it was the one filed against Juan Carlos Rodil Quintana.
Rodil is accused by Da Vinci University of favoring candidates in previous nominating processes. In the nominating committee for the Supreme Court of Justice The challenge was also accepted for the same reason.
The five objections raised by Rafael Curruchiche, head of the Special Prosecutor’s Office against Impunity (Feci) of the Public Ministry (MP), who is one of the candidates for one of the magistrate positions, were rejected.
The prosecutor of the MP, Cinthia Monterroso, had also received three impediments that were not admitted. As well as Judge Victor Cruz, who is in charge of the Toma Usac case; Jimi Bremer, who heard the cases of Jose Rubén Zamora and Claudia Gonzáles.
For the objections to be accepted, at least 25 votes from the members of the commission were required. Since none of the objections obtained the minimum votes to be admitted, the actors continue in the process to become candidates without any blemish.
Prosecutors
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Table of Contents
The first objection against the head of the Feci pointed out Curruchiche’s lack of capacity and suitability to serve as a magistrate, according to the requirements of Article 113 of the Political Constitution of the Republic.
He argued that Curruchiche had committed acts that violated human rights, referring to the arrest of Jose Rubén Zamora, president of the media outlet elPeriódico.
The objection against the prosecutor was rejected by 12 votes. The objection was heard twice by the commissioners, but received the same number of votes.
The second objection against Curruchiche was also not admitted because it received only one vote in favor. This also indicated that the prosecutor does not meet the requirements of suitability, capacity, honesty and honorability because he is from the close circle of the Head of the Public Prosecutor’s Office (MP), Consuelo Porras.
The third objection, which pointed out the lack of suitability for committing actions that violated the human rights of the sovereignty of the people by limiting the right of citizens to participate in public affairs through their elected authorities in the recent electoral process, was also not admitted.
The fourth objection sought to point out the lack of objectivity of prosecutor Curruchiche, in ordering the arrest of 26 people, of which 15 were part of “an alleged group promoting the registration of a political party,” without having summoned them. This only had six votes in favor.
The latter also referred to the fact that the prosecutor has committed acts that violate human rights in relation to the capture of Zamora, in addition to being sanctioned by the United States Department of State. This received 13 votes in favor.
Regarding the objections against prosecutor Monterroso, the first received 13 votes and accused her of having committed acts that violated human rights against Zamora and of being sanctioned by the United States Department of State.
The second indicated that she lacks suitability, honesty and honour because she also belongs to Porras’s group of trust. She only obtained 2 votes and was therefore not admitted.
Finally, they pointed out that she should not be considered for inclusion on the list of candidates because during her time as part of the Feci she committed acts that violated the rights of citizens, but she only received three votes in favor.
Judges
Judge Cruz had received an objection for being designated by the United States Department of State, but only six commissioners voted in favor of admitting it.
In the case of Jimi Bremer, the impediment obtained 9 votes and pointed to his failure to comply with constitutional deadlines, as in the case of Zamora.
Judge Mynor Moto had also been accused of unsuitability by the United States government, but the impeachment only received 9 votes.
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#Nominator #accept #objections #people #named #United #States
Current issues in Guatemala
Guatemala’s Judicial Crisis: A Threat to Democracy
Guatemala is facing a critical moment in its democratic history. The nomination committee for the Court of Appeals recently met to hear and vote on challenges filed against candidates for magistrate positions. However, the objections raised against several actors who have been sanctioned by the United States were not accepted, sparking concerns about the country’s judicial system.
According to reports, only one objection was admitted against Juan Carlos Rodil Quintana, who is accused of favoring candidates in previous nominating processes. Similarly, objections against Rafael Curruchiche, head of the Special Prosecutor’s Office against Impunity (Feci), and Cinthia Monterroso, prosecutor of the Public Ministry (MP), were rejected.
The lack of transparency and accountability in the Guatemalan judiciary has been a growing concern. In a briefing, the International Federation for Human Rights (FIDH) argued that democracy is in grave danger in Guatemala, citing flawed elections and a captured judiciary as major threats [[1]]. The situation is further complicated by the upcoming election of magistrates for key courts, including the Supreme Court of Justice (CSJ) and Appellate Courts (CA) judges, which could have far-reaching implications for the country’s reform agenda [[2]].
The United Nations has also weighed in on the issue, with an expert calling on Guatemala to seize the opportunity to appoint exemplary apex court judges and ensure the independence and impartiality of the judiciary [[3]].
The rejection of objections against candidates with questionable reputations raises concerns about the integrity of the judicial system. Curruchiche, for instance, has been accused of committing acts that violate human rights, including the arrest of Jose Rubén Zamora, president of the media outlet elPeriódico. Similarly, Monterroso has been criticized for her role in the Feci and her alleged involvement in human rights violations.
The lack of accountability in the Guatemalan judiciary has far-reaching implications for democracy and the rule of law. It undermines trust in institutions and creates an environment in which corruption and impunity can thrive.
the recent developments in Guatemala’s judicial system are a cause for concern. The rejection of objections against questionable candidates and the lack of transparency and accountability in the nomination process threaten the country’s democratic stability. It is essential that Guatemala takes immediate action to address these concerns and ensure the independence and impartiality of its judiciary.
References:
The Complex Process of Appointing Judges in Guatemala: Challenges and Controversies
Guatemala is currently navigating a complex process of appointing judges to its highest courts, including the Supreme Court and the Constitutional Court. This process, which is expected to be completed in 2024, has been marred by controversy and has raised concerns about the integrity and independence of the judiciary.
The Appointment Process
According to Article 113 of the Political Constitution of the Republic, the nomination committee is responsible for selecting candidates for magistrate positions. The committee, composed of members from various branches of government, must evaluate the suitability, capacity, honesty, and honorability of each candidate. The candidates must also meet specific requirements, such as having a law degree and at least 10 years of experience in the field of law [1[1].
Challenges and Objections
Recently, the nomination committee has faced several challenges and objections regarding the candidates. One of the candidates, Juan Carlos Rodil Quintana, had an objection accepted against him due to allegations of favoring certain candidates in previous nominating processes <a href="https://en.wikipedia.org/wiki/ConstitutionalCourtofGuatemala”>[3[3]. Rafael Curruchiche, head of the Special Prosecutor’s Office against Impunity (Feci), had five objections raised against him, all of which were rejected <a href="https://www.oas.org/en/mediacenter/pressrelease.asp?sCodigo=E-054/24″>[2[2].
Prosecutors Under Scrutiny
Prosecutors have been under scrutiny in Guatemala, with several facing objections and allegations of human rights violations. Cinthia Monterroso, prosecutor of the Public Ministry (MP), had three objections raised against her, all of which were rejected. Judge Victor Cruz and Jimi Bremer also faced objections, which were not admitted.
Current Issues in Guatemala
The current process of appointing judges in Guatemala is critical, given the country’s struggles with corruption, impunity, and human rights violations. The Organization of American States (OAS) has expressed concerns about the integrity of the process and has called for transparency and accountability <a href="https://www.oas.org/en/mediacenter/pressrelease.asp?sCodigo=E-054/24″>[2[2].
Conclusion
The appointment of judges in Guatemala is a complex and contentious process that requires careful evaluation and scrutiny. It is essential to ensure that the candidates selected are impartial, qualified, and committed to upholding the rule of law and protecting human rights. As the process continues, it is crucial for the Guatemalan government and civil society to prioritize transparency, accountability, and the independence of the judiciary.
References:
[1] Vance Center. (n.d.). Appointment of Supreme Court and Court of Appeals. Retrieved from
[2] Organization of American States. (n.d.). Mission to Observe Elections of Judicial Authorities in Guatemala Welcomes Progress Towards the Renewal of Magistrates. Retrieved from <https://www.oas.org/en/mediacenter/pressrelease.asp?sCodigo=E-054/24>
[3] Wikipedia. (n.d.). Constitutional Court of Guatemala. Retrieved from <https://en.wikipedia.org/wiki/ConstitutionalCourtofGuatemala>