“The Commissions have not excluded from the process aspiring magistrates, judges, lawyers, prosecutors and magistrates who have participated in acts of corruption and who have been involved in the corruption of the judiciary.”
The Guatemala Human Rights Commission/USA (GHRC) recently posted on the current elections being carried out for the new Supreme Court and Appellate Court judges. Bearing in mind the attacks that have been carried out on anti-corruption actors within the judiciary in the last few years, it is a process fraught with consequence for the future of democracy in Guatemala. It is understandable that the ‘Pacto De Corruptos’ have a keen interest in the outcome of these elections and that they will do whatever they can to influence the process.
As the October 13th deadline for the election of new Supreme Court and Appellate Court judges approaches, Guatemalans remain skeptical of the possibility of transparent, impartial courts. These elections are considered to be crucially important in the context of newly elected President Arévalo’s proclaimed commitment to stamp out corruption and advance towards a new chapter of Guatemalan democracy. The elections will decide whether those who wish to undermine the Arévalo administration can continue to weaponize the justice system against him and block efforts to combat corruption or whether the judiciary can fulfill its duty of protecting the rule of law. Beset by a three-week delay at the start of the process, as members of the nominating commissions argued over where to hold their meetings, the elections process has been rushed, and international organizations have raised numerous concerns.
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Several actors sanctioned by the United States for corruption and others within the inner circle of Attorney General Consuela Porras did not make the final lists for either court. Most notably, Rafael Curruchiche and Gilberto Porras, the husband of Attorney General Consuelo Porras, were excluded. Nonetheless, the lists remain problematic; the majority of the candidates for the Supreme Court have questionable backgrounds or affiliations or conflicts of interest.
[…]
As the Observation Mission of the Organization of American States puts it in its final report, “The Commissions have not excluded from the process aspiring magistrates, judges, lawyers, prosecutors and magistrates who have participated in acts of corruption and who have been involved in the corruption of the judiciary.”
Three nominees, who are current Supreme Court judges, are seeking re-election. Despite calls from civil society to not re-elect current magistrates, these three judges received enough votes to make the final list for the Supreme Court. Indigenous Authorities are now calling on Congress not to re-elect these current magistrates. The final list of nominees for the Courts of Appeal include six current magistrates who, in addition to seeking re-election, are also sitting on the nominating commission for the Supreme Court, a potential conflict of interest.
You can read the full post, with links, here, Judicial Elections Enter Decisive Phase.
Categories: Corruption, Criminalisation, Guatemala, Impunity, Indigenous peoples, Justice
Guatemala Solidarity Network 
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