The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutions in Guatemala is monitoring the nomination processes for the Constitutional Court (CC), given their central importance to the rule of law, constitutional supremacy, and the balance of powers. In this regard, it takes note of the opening of the process, led by the Superior University Council (CSU) of the University of San Carlos of Guatemala (USAC), for the designation of a principal and an alternate justice to the Constitutional Court (CC) for the 2026-2031 term. In this context, the Mission notes that the current Attorney General and Head of the Public Prosecutor's Office, María Consuelo Porras, has submitted her file to seek appointment as principal and alternate justice of the CC, representing the USAC CSU.
The CC is the guarantor of the constitutional order and the rule of law. Any appointment must rest with duly constituted electing bodies, using transparent procedures and objective criteria that strengthen its legitimacy. The Mission has repeatedly stated that the regularization and timely renewal of the USAC CSU is indispensable to preserve the legality, legitimacy, and legal certainty of the designation it must make to the CC. As long as noncompliance persists with the CC ruling ordering the renewal of the CSU, any appointment made by that body takes place in a contested context that may later give rise to challenges and constitutional tensions.
The Mission recalls that the processes for appointing constitutional justices must be governed by criteria of suitability, probity, independence, and integrity, as well as by a public, objective, and transparent evaluation of the professional trajectories and backgrounds of the candidates. In particular, such evaluation must consider relevant and verifiable information regarding prior official conduct, respect for human rights and fundamental guarantees, and the institutional impact on democracy of decisions adopted in the exercise of public office.
In this regard, the Permanent Council of the Organization of American States, on December 12, 2023, adopted Resolution CP/RES.1240 (2476/23) Rev.1, "Actions against the rule of law that put the governmental transition in Guatemala at risk," in which the member states expressed their grave concern over destabilizing actions undertaken by the Public Prosecutor's Office that undermined the democratic order, condemning the abuse of power by that institution. Likewise, the Inter-American Commission on Human Rights and its Special Rapporteurship for Freedom of Expression, recognizing that such actions are inconsistent with the Charter of the Organization of American States, the American Convention on Human Rights, and the Inter-American Democratic Charter, expressed their serious concern over the continued political persecution and judicialization of electoral processes and the democratic transition by the Public Prosecutor's Office and other public authorities in Guatemala.
The Mission observes that the Inter-American Commission on Human Rights and its Special Rapporteurship for Freedom of Expression, as well as UN mechanisms and specialized organizations, have documented that under the leadership of the current Attorney General, a pattern of criminalization has been carried out against justice operators, human rights defenders, and journalists, through questioned criminal cases, harassment, and forced exile.
For her part, the UN Special Rapporteur on the independence of judges and lawyers has pointed to a "policy of criminalization" by the Public Prosecutor's Office, under which dozens of judges, prosecutors, lawyers, journalists, Indigenous authorities, and social leaders have been subjected to criminal proceedings, with more than fifty forced to leave the country.
For all these reasons, the Mission notes that the current Attorney General has been cited by national and international actors for alleged obstruction of corruption investigations and for undermining democracy and the rule of law.
Without prejudging the legal merits of any candidacy, the Mission emphasizes that the analysis of the nomination of a person whose exercise of authority was strongly condemned for abuse of power through a resolution of the Permanent Council of the Organization of American States-which also states that such conduct was inconsistent with the Charter of the Organization of American States, the American Convention on Human Rights, and the Inter-American Democratic Charter-requires an especially rigorous, public, and verifiable evaluation and justification, and enhanced objective scrutiny in light of Inter-American standards on judicial independence and probity. For this reason, the Mission underscores that the legitimacy, credibility, and moral authority of the Constitutional Court depend to a large extent on the nominating bodies-including the University of San Carlos of Guatemala-carefully and comprehensively weighing these antecedents.
The Mission will continue to observe the process for appointing justices to the Constitutional Court, reiterates its willingness to provide technical cooperation, and calls on all actors to act with responsibility, respect for the constitutional order, and commitment to democracy and human rights in Guatemala.
Reference: E-018/26
