The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutions in Guatemala takes note of the appointment of Gabriel Estuardo García Luna as Attorney General of the Republic and Head of the Public Prosecutor's Office for the 2026-2030 term, with this inauguration scheduled for May 17, 2026. This assumption of office must take place precisely on that date, as provided in the country's legal system, without being unduly affected for any reason.
The Mission recognizes the renewal of the highest authority of the Public Prosecutor's Office is a significant institutional milestone for Guatemalan democracy, the rule of law, human rights, the fight against crime - including corruption - and the guarantee of access to justice.
At the same time, the Mission emphasizes that the democratic legitimacy of this appointment is not exhausted by the act of the appointment itself, but must be consolidated through independent, transparent, professional, and objective institutional management that respects democracy and human rights. In this context, it urges the designated Attorney General to assume his duties with an unequivocal commitment to the independence of the Public Prosecutor's Office; objective and impartial criminal investigation and prosecution; the effective combat against crime and the fight against impunity; accountability; the professionalization of the Office of the Public Prosecutor; internal transparency and the restoration of public trust; and institutional cooperation with other branches of government, respecting the separation of powers and within the framework of the Constitution.
In particular, the Mission calls for an end to the practices of instrumentalization of criminal law and undue criminalization that have affected justice officials, journalists, human rights defenders, elected authorities, indigenous leaders and civic actors - a situation that has been documented and warned about by bodies of the inter-American system. In this regard, it is expected that victims of undue criminalization receive reparations and that the State adopt the necessary measures to ensure that such violations do not occur again.
Likewise, the Mission calls on all State authorities, political forces, and social and economic sectors to contribute to an orderly, peaceful transition that respects the autonomy of the Public Prosecutor's Office. Democratic stability requires that institutional changes take place within the framework of the Constitution, without undue pressure, intimidation, reprisals, delaying tactics, or interference that could compromise the independent exercise of prosecutorial functions.
The Mission reiterates that a democracy requires trustworthy judicial institutions, capable of acting independently and objectivity toward any person, authority, or entity that violates the law. Restoring public trust in the Public Prosecutor's Office will be essential to strengthening the constitutional and democratic rule of law, safeguarding fundamental rights, and responding to the legitimate demands for justice from the Guatemalan citizens.
The Special Mission will continue to monitor the process, in compliance with its mandate to provide technical support for the second-degree elections and to strengthen democratic institutions in Guatemala.
Reference: E-059/26
