The nominating committee for the Court of Appeals has to select the 312 candidates for the chamber magistrate positions from among 1,236 applicants.
Among those eligible are judges and some prosecutors questioned by social sectors and sanctioned by the United States Department of State, considering them anti-democratic actors and in favor of corruption.
But 29 of the 37 commissioners who make up the Supreme Court of Justice (SCJ) nominating committee are also included, including 12 appeals judges seeking re-election and seven from the College of Lawyers and Notaries of Guatemala (Cang).
Commission Chairman Raúl Arévalo commented that it was prudent to begin voting on Thursday, September 19, but the suggestion was not accepted by the commissioners, who opted to maintain the final voting date for Friday, September 20, with the possibility of extending it to Saturday, September 21, if necessary.
The commission has a large pool of candidates, because the cut-off point, that is, the minimum score to continue in the race, was 64 points. Of this count, only 149 candidates were excluded for not reaching that score.
The cut-off point was low, according to organizations monitoring the process. “The Court of Appeals Nomination Commission made a mistake by setting such a low score to evaluate the files,” said the organization Impunity Watch in a post on X.
Some applicants
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Among those eligible, the range of scores obtained by the nominating committee goes from two points to a perfect score of 100. Applicant Nery Florian Peñate obtained the lowest score.
In contrast, one of the four candidates who obtained a perfect score and who heads the list by score and alphabetical order is Melvin Giovanni Portillo.
According to a report by the ProJustice Movement, Portillo was an advisor to the Congress of the Republic, and in his thesis project he included in the acknowledgments his teacher, the former presidential candidate convicted of money laundering, Manuel Baldizón.
Other notable candidates are judges questioned by social sectors, including Smaille Pérez, Mynor Moto and Víctor Cruz, who received scores of 95, 88 and 82 points, respectively.
Wálter Paulino Jiménez, substitute judge of the Constitutional Court, also stood out with 98 points. He is one of the judges whose visa was recently revoked by the United States.
Also in the running are former deputies Lonena de León Teo, with 98 points, and Julia Maldonado, with 90; the latter faced criminal proceedings for fraud.
Among those eligible is also the former Minister of the Interior of Alejandro Giammattei’s government, Gendri Reyes, who received 73 points. Reyes left the Interior portfolio after being accused by social sectors of repressing with abuse of force a social protest on November 21, 2020, against the approval of the 2024 budget.
Prosecutor Rafael Curruchiche received a score of 78 points and is among those eligible for the Appeals nomination committee. But prosecutor Cinthia Monterroso was left out after receiving a score of 63 points.@prensa_libre@Guatevision_tv pic.twitter.com/PpOAIq597T
— Douglas Cuevas (@dcuevas_gtv) September 17, 2024
The head of the Special Prosecutor’s Office against Impunity (Feci), Rafael Curruchiche, obtained 78 points and remains in the process. In contrast to prosecutor Cintiha Monterroso, who only obtained 63 points and was left off the list of eligible candidates, just one point short.
The two prosecutors have been accused of being trusted persons of the Attorney General and have received sanctions from international governments that describe them as being anti-democratic and pro-corruption actors.
Another candidate who received a score that makes him eligible is Gilberto de Jesús Porres, husband of the attorney general, who received an evaluation of 92 points.
Some candidates for the Court of Appeals
- Melvin Giovanni Portillo, former advisor to Congress, thanked his teacher, Manuel Baldizón, in his thesis project, 100
- Axel Maas Jacome, former court judge and former head of protocol of the TSE, 100
- Wilber Castellanos, appellate judge, 98
- Walter Jimenéz Paulino, substitute magistrate of the CC, 98
- Lorena de Leon Teo, former deputy, 98
- Anabella Cardona, former court judge, 97
- Smaille Pérez, third criminal judge, 95
- Marco Antonio Villeda, former judge of Forfeiture of Domain, 95
- Isabel Granillo, former undersecretary of criminal policy of the MP, 94
- Pablo Leal Oliva, substitute judge of the TSE, 94
- Flor de Maria Galvez Barrios, sister of the former rector of USAC, Estuardo Galvez, 93
- Walter Villatoro, former tenth criminal judge, 93
- Gilberto de Jesús Porres, husband of the Attorney General, 92
- Fanuel García, former director of Inacif, 92
- Julia Maldonado, former deputy, 90
- Jorge Luis Donado, former PGN, 88
- Mynor Moto, former third criminal judge, 88
- Freedyn Fernández, former appellate judge, 87
- Victor Cruz, tenth criminal judge, 82
- Sergio Jiménez, Secretary of the Registry of Citizens, 82
- Ramiro Muñoz, former head of the Registry of Citizens, 79
- Rafael Curruchiche, owner of the Feci, 78
- Gendri Reyes, former Minister of the Interior of Alejandro Giammattei, 73
Applicants and Commissioners
Indigenous organizations have asked the judges not to seek re-election, considering them to be questionable individuals who have not made any contributions to the benefit of an independent justice system.
But the 12 commissioners elected by the Institute of Magistrates, who make up the nominating committee of the Supreme Court of Justice (CSJ), are seeking reelection in the chambers. They obtained scores ranging from 78 to 97 points.
Commissioners elected by the Institute of Magistrates
- Ramiro López, magistrate and commissioners of the CSJ, 97
- Jorge Cano Villatoro, magistrate and commissioners of CSJ, 95
- Mario Pasarelli, magistrate and commissioners of the CSJ, 92
- Irma Arrazate, magistrate and commissioners of CSJ, 92
- Marco Tulio Pérez, magistrate and commissioners of the CSJ, 92
- José Roberto Hernández, magistrate and commissioners of the CSJ, 90
- Manuel Castellanos, magistrate and commissioners of the CSJ, 89
- Miguel Colop Hernández, magistrate and commissioners of the CSJ, 88
- José Ortiz, magistrate and commissioners of the CSJ, 88
- Julio Recinos Castañeda, magistrate and commissioners of the CSJ, 86
- Beatriz Seijaz, magistrate and commissioners of the CSJ, 86
- Edwin Martínez Escobar, magistrate and commissioners of the CSJ, 78
Seven other commissioners from the CSJ nominating committee, elected by the assembly of the College of Lawyers and Notaries of Guatemala (Cang), also want to reach a court. They obtained scores ranging from 72 to 89 points.
Commissioners representing the Cang
- Walter Barrios Monzon, 89
- Cesar Calmo, 85
- Jose Urrutia, 81
- Elvio Lopez, 81
- Wilson Lopez, 79
- Maria Garcia Stalling,76
- Francisco Eduardo de Leon, 72
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#scores #Rafael #Curruchiche #Cinthia #Monterroso #Mynor #Moto #judges #magistrates #Appeals #Chambers
– What are the main concerns regarding the composition of the nominating committee for the Court of Appeals in Guatemala?
Controversy Surrounds Court of Appeals Nomination Process in Guatemala
The nominating committee for the Court of Appeals in Guatemala is facing intense scrutiny as it prepares to select 312 candidates for chamber magistrate positions from a pool of 1,236 applicants. Among those eligible are judges and prosecutors who have been questioned by social sectors and even sanctioned by the United States Department of State for their alleged anti-democratic actions and support of corruption.
Conflicts of Interest Raised
Twenty-nine of the 37 commissioners on the nominating committee, including 12 appeals judges seeking re-election and seven from the College of Lawyers and Notaries of Guatemala (Cang), are themselves part of the selection process. This has raised concerns about potential conflicts of interest and the impartiality of the committee.
Low Cut-Off Point Criticized
The commission has set a relatively low cut-off point of 64 points, resulting in only 149 candidates being excluded from the race. Critics argue that this threshold is too low and may allow unqualified or compromised candidates to slip through.
Questionable Candidates Among the Eligible
Some notable candidates who have made it through to the next round include judges and prosecutors who have been questioned by social sectors and even sanctioned by the US Department of State. These include Smaille Pérez, Mynor Moto, and Víctor Cruz, who received scores of 95, 88, and 82 points, respectively. Other notable candidates include Wálter Paulino Jiménez, a substitute judge of the Constitutional Court whose visa was recently revoked by the US, and former deputies Lonena de León Teo and Julia Maldonado, who faced criminal proceedings for fraud.
Former Minister of the Interior Among the Eligible
The former Minister of the Interior, Gendri Reyes, who was accused of repressing a social protest with abuse of force, has also made it through to the next round with a score of 73 points.
Concerns About the Committee’s Judgment
The inclusion of these candidates has raised concerns about the judgment and impartiality of the nominating committee. Many are questioning how these individuals, who have been accused of serious wrongdoing, have been deemed eligible for such important positions in the judiciary.
Voting Delayed
The committee had originally planned to begin voting on Thursday, September 19, but this was delayed until Friday, September 20, with the possibility of extending it to Saturday, September 21, if necessary.
Transparency and Accountability Needed
The controversy surrounding the Court of Appeals nomination process has highlighted the need for greater transparency and accountability in Guatemala’s judiciary. The selection of chamber magistrate positions is a critical process that will have far-reaching implications for the country’s justice system.
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H1: Controversy Surrounds Court of Appeals Nomination Process in Guatemala
H2: Conflicts of Interest Raised
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H2: Concerns About the Committee’s Judgment
H2: Voting Delayed
H2: Transparency and Accountability Needed