GHRC Quick Take: Judge Gálvez On Elections and Detention of Indigenous Leaders

GHRC recently published an update on developments in Guatemala, provided by GHRC Fellow Judge Miguel Ángel Gálvez. Some highlights include:


Secondary elections are underway in Guatemala. What are these and why are they important?

Secondary elections, also known as second-degree elections, are so named because, unlike first- degree elections, in which citizens directly participate to elect the President of the Republic and Congress, in these processes, elected authorities appoint other government officials, mainly within the justice sector.

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Another key part of the secondary elections is the election of the Attorney General, who heads the Public Prosecutor’s Office and is responsible for directing the investigation of crimes of public action. The Attorney General is appointed by the president of Guatemala. Likewise, there is the election of the Comptroller General of Accounts, a position that is fundamental to guaranteeing transparency in the exercise of public office.

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These processes are of enormous relevance, since the authorities elected will be responsible for overseeing the electoral processes of 2027 and 2031 and, in a broader sense, for shaping the institutional direction of the country.

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How would you evaluate the manner in which these secondary election processes have been conducted thus far, including compliance with timelines and selection procedures?

From my point of view, up to now the institutional timelines have been respected. The first process convened was that of the Supreme Electoral Tribunal, followed by the convocation of the election of Constitutional Court magistrates, and recently the Nominating Commission for the election of the Attorney General was sworn in. In general terms, the established schedule has been respected.

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How do you assess the current situation of the criminalization of the leaders of the 48 Cantons and other Indigenous authorities who participated in the peaceful demonstrations of 2023?

This is a rather complex question, and I will respond to it in an equally complex manner. For me, the main concern lies in the way the Judicial Branch is being manipulated.

At present, Luis Chaclán and Héctor Pacheco, the former president and treasurer of the 48 Cantons, are being detained. Both have been in detention for approximately nine months, around nine months and fifteen days. One of the initial problems was that no judge had been assigned to their case, and when a judge was finally appointed, he merely received the case file.

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Is there any other issue you consider important to address or any message you would like to convey in the current national context?

Civil society must become involved, not only organized civil society, but society as a whole. Everyone must become engaged and understand the importance of these elections. It is remarkable to think that the four elections have never coincided before, since they are usually held in different periods. I do not know why it is precisely this year, under the administration of Bernardo Arévalo, that all of these elections have converged.

[…]


You can read the full piece on the GHRC website, including directions to the more complete Spanish version here, GHRC Quick Take: Judge Gálvez On Elections and Detention of Indigenous Leaders.



Categories: Accompaniment, Corruption, Criminalisation, Criminalization, Guatemala, Indigenous peoples, Justice, Solidarity in Action

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