Jun 24, 2018 | News
“Judges from the High Risk Tribunals in Guatemala, including Ericka Aifán, Yassmín Barrios, Miguel Ángel Gálvez and Pablo Xitumul, are facing unjustified disciplinary hearings,” nine Latin American Commissioners from the ICJ, meeting in Bogotá on 24 June, stated today.
The Commissioners understand that these judges are facing unjustified disciplinary hearings instigated by groups or persons who are displeased with judicial rulings in high-impact cases involving transitional justice or corruption.
They expressed serious concern about the precarious state of the independence of the judiciary in Guatemala. Judges are subjected to on-going attacks that seek to impact their work as honourable and impartial justice operators.
According to international standards, judges should exercise their functions free of any extraneous influence and with total impartiality; without any limitations, inducements, pressures, threats or interference, direct or indirect, from any quarter or any reason.
The Commissioners also expressed their complete support for Commissioner Iván Velásquez, head of the International Commission against Impunity in Guatemala (CICIG), who because of the exercise of his functions, has also suffered from a series of hostile acts and smear campaigns.
The ICJ Commissioners extend their full support to the CICIG in its struggle against impunity and corruption.
The Commissioners request that the international community continues to support the CICIG with sufficient human and financial resources.
At the same time, the Commissioners call upon the Inter-American Commission of Human Rights, the Sub-Committee of Human Rights of the European Parliament and the UN Special Rapporteur on the Independence of Judges and Lawyers, to visit Guatemala and to verify “in situ” the precarious state of judicial independence in the country.
The nine ICJ commissioners who issued the statement
Carlos Ayala, Vice-President of the International Commission of Jurists (Venezuela)
Mónica Pinto, Commissioner (Argentina)
Miguel Carbonnel, Commissioner (Mexico)
Victor Rodriguez Rescia Commissioner (Costa Rica)
Wilder Tayler, Commissioner (Uruguay)
Belisário dos Santos, Commissioner Brazil
Juan Mendez, Commissioner (Argentina)
Roberto Garretón, Commissioner (Chile)
Jun 22, 2018 | News
Conclusions of the Conference on Judicial Independence, Guatemala City, 18-19 June 2018
The ICJ is deeply concerned about the increase in the abuse of disciplinary measures against independent and impartial judges and about crimes committed against human rights defenders. These attacks are putting the rule of law at risk in Guatemala.
The ICJ therefore urges the Inter-American Commission on Human Rights, the Subcommittee on Human Rights of the European Parliament and the UN Special Rapporteur on the Independence of Judges and Lawyers to carry out visits to the country so as to verify the situation.
Judges facing malicious disciplinary proceedings
From 18-19 June 2018, the ICJ hosted a conference on the independence of judges with participants from different Central American judges’ associations.
The conference was able to verify that impartial and honourable judges face on-going disciplinary actions that seek to have then recused from trials or have them removed from office on account of their judicial decisions.
Judges are facing the malicious use of the judicial disciplinary system by groups or persons who disapprove of judicial rulings in high-impact cases.
The meeting was an opportunity for different justice sector institutions and judges, victims of attacks, to analyse fundamental concepts and international standards on the judiciary.
The conference concluded, the judicial career system must guarantee that a higher judicial authority can only sanction judges for legally established reasons as set down by international standards.
There was a full agenda of discussions with the participation of the Association of Guatemala Judges for Integrity (AGJI), the President of the Supreme Electoral Tribunal, the Supervisor General of Courts, judges from the Penal Chamber of the Supreme Court, the Commissioner of the International Commission against Impunity in Guatemala (CICIG) and the plenary of the Council of the Judicial Career.
The conference examined attacks against judges and their impact, case by case, in the light of international standards. The conference concluded that judges including Ericka Aifán, Yassmín Barrios, Miguel Ángel Gálvez, Carlos Ruano and Pablo Xitumul are facing disciplinary measures because they have acted independently and impartially.
The spurious complaints presented against them before the judicial disciplinary system or other State institutions should be excluded “in limine”.
Read the full Article in English (PDF): Guatemala-Conference-of-Judges-News-Web-stories-June-2018-ENG
Jun 8, 2018 | News
The ICJ strongly condemns the draft bill of the Congressional Commission on Legislation and Constitutional Affairs to propose reforms to the Law of National Reconciliation (Congressional Decree 145-96) and grant amnesty in cases of gross human rights violations.
“The amnesty included in this draft bill is unconstitutional and flagrantly violates Guatemala’s international obligations. It seeks to place more obstacles in the way of victims of serious human rights violations in their search for justice and truth,” said Ramón Cadena, Director of the Central American Office of the ICJ.
“Justice must be delivered in these important cases because it is the basis for political stability, the rule of law and democracy. Guatemalan authorities should demonstrate that they have an unquestionable commitment to the struggle against impunity. Unfortunately, this draft bill demonstrates the exact opposite,” he added.
This decision flagrantly contravenes Guatemala’s international obligations to prosecute and punish those responsible for gross violations of human rights and guarantee the rights to justice, truth and reparation for victims of these crimes.
International bodies, including the Inter-American Court of Human Rights in numerous judgments, have condemned Guatemala for gross human rights violations; and on repeated occasions have stated that it is prohibited to grant amnesties in cases of gross violations of human rights and international crimes, such as crimes against humanity, genocide and war crimes.
This draft bill could open the doors to allow impunity to continue, at a time when the judicial system is fighting against impunity in historic cases of gross human rights violations and international crimes and in so doing provide guarantees for the victims’ rights to justice.
The ICJ considers that the administration of justice in cases of gross violations of human rights and international crimes by independent judges in cases of “transitional justice” should be supported, not only by the Legislature but also by the Executive Branch, as well as, self-evidently, by the Judicial Branch itself.
The Supreme Court of Justice has the obligation to support independent judges that through their rulings are proving to be impartial, objective and independent and should take the necessary measures to protect judges from any interference or attack that affects the smooth exercise of their duties.
The ICJ recalls that it is a State’s inalienable obligation under international law to investigate gross violations of human rights and international crimes and to prosecute and punish those responsible.
May 29, 2018 | News
The ICJ is deeply concerned about the recent attacks against Judge Erika Aifán that put judicial independence in Guatemala at imminent risk. Judge Aifán has always been upright and honest in her rulings, which she bases on sound principles of the rule of law.
Ramon Cadena, Director of the Central American office of the ICJ stated today: “We must support Judge Aifán because the guarantee of judicial independence is under serious threat.”
“Judge Aifán is an honest and brave Judge presiding over emblematic cases, which could be put in jeopardy if the legal actions against her proceed,” he said.
“It is totally unacceptable that a Court imposes a fine against a professional carrying out their duty. The Judges of the Third Court who imposed this fine should be investigated by the Public Ministry on account of their actions, which constitute an attack on judicial independence,” he added.
The ICJ firmly believes that the independence of judges is essential to uphold the rule of law so that public officials can effectively guarantee access to justice for victims of human rights violations.
The Inter-American Commission of Human Rights (IACHR) has established that “the independence of the judicial power has been recognized as a general principle of law and enshrined in many international treaties”.
For that reason, and with reference to the Guatemalan Constitution and international human rights standards, the ICJ considers that the Guatemalan Supreme Court should take an active role in the defence of judicial independence and in this specific case concerning Judge Aifán.
The ICJ also urges the UN Special Rapporteur on the Independence of Judges and Lawyers to visit the country.
The ICJ also considers that the Guatemalan Prosecutor for Human Rights should submit the case to the IACHR so that that Commission can grant preventive measures to Judge Aifán and investigate this flagrant violation of judicial independence.
The ICJ also requests that the IACHR intervenes in the present situation.
The ICJ considers that the motives for the attacks against Judge Aifán are because she is currently presiding over emblematic cases in the fight against impunity and corruption.
Groups who are interested in maintaining a situation of impunity wish to see her removed from her position.
The ICJ recalls that a judge can only be removed from office for reasons established by law, following a disciplinary process that complies with the basic guarantees of a fair trial; or when a judicial officer has completed the term of their mandate.
Neither of these conditions is met in the case of Judge Aifán. Therefore, the ICJ can only conclude that the attacks against her are attacks on the independence and impartiality of the judiciary as a whole.
It is self-evident that the independence of every judicial body is indispensable for the fulfilment of fair trial standards without which the right of access to justice is undermined.
Furthermore, without judicial independence, people lack confidence in the courts or are fearful and therefore refrain from taking cases to justice.
Mar 22, 2018 | News
The ICJ has been awarded a grant from the Royal Norwegian Embassy in Mexico to continue its work in the area of independence of the judiciary in Guatemala.
This initiative titled “Strengthening the rule of law in Guatemala, Phase II” aims to strengthen domestic compliance with, and implementation of, international standards providing for judicial independence through the training of judges, raising awareness on this topic, as well as providing support to judges at risk.
The ICJ will be working together with the Mayan Association of Lawyers and Notaires of Guatemala as a partner in this action, through a sub grant of 1,622,801 NOK.
Guatemala-Grant Agreement with Norway-2018-ENG (full grant agreement, in PDF)
