The Struggle for an Independent Judiciary in Guatemala

Corruption and Intimidation Threaten Justice System

Guatemala is facing a significant challenge in its pursuit of an independent judiciary. Judges and prosecutors who dare to take on corruption have been attacked, forced into exile, and even threatened with arrest by the ruling party.

The Case of Judge Yassmin Barrios Aifán

Judge Yassmin Barrios Aifán was a prominent anti-corruption judge whose cases were being compromised after she was threatened with arrest. Despite her request for public hearings, the proceedings were closed to the media, and seven out of thirteen Supreme Court judges presiding over her case were defendants in a corruption case she was adjudicating.

• On March 21st, Aifán announced her resignation publicly while in Washington, citing insufficient guarantees for her personal and physical protection.
• Her cases are now either compromised or in limbo, including the one involving the President.

The Biden Administration’s Support

The Biden Administration has been vocal in supporting the growing group of judges and prosecutors under threat. Notable examples include:

• In March 2021, Aifán won an award given by the State Department.
• In July, Kamala Harris met with Guatemalan officials.

However, despite this support, the attacks have continued. Sandoval was fired just weeks after Harris’s meeting.

Consuelo Porras: The Attorney General Under Fire

Consuelo Porras is running for re-election as attorney general despite being sanctioned by the U.S. for obstructing investigations into corruption. The nominating committee deadlocked on her candidacy, and a group of private lawyers filed an appeal to the Constitutional Court to force her nomination.

• Experts argue that there’s a powerful group in Guatemala who want Consuelo Porras re-elected.
• Her nomination is seen as a commitment from them to further block the justice system.
• The full machinery of the state is being unleashed to ensure her victory.

Conclusion

The article highlights the challenges faced by those who seek an independent judiciary in Guatemala, where corruption and intimidation are used to silence whistleblowers and block reforms.