The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutions in Guatemala concluded its fourth official visit to the country, which took place from April 14 to 16, 2026.
The Mission held meetings with the President of the Republic and other members of the Executive Branch, the Congressional Commission on Justice Sector Reform, the Nominating Committee of the Attorney General and Head of the Public Prosecutor's Office, and the Human Rights Ombudsperson. These exchanges allowed for the sharing of impressions and recommendations not only regarding the immediate circumstances associated with the current appointment processes but also regarding the need to open a serious, pluralistic, and technically informed dialogue to evaluate the experiences gathered on the functioning of the current model of nominating committees.
The Mission welcomes the inauguration of the Ninth Term of the Constitutional Court, which took place on April 14 for the 2026 - 2031 term with the elected magistrates. The timely installation of the country's highest constitutional court is a fundamental step toward the stability of the constitutional order and legal certainty in the country. The Mission is confident that the new Court will exercise its functions with full independence and impartiality, legal rigor, institutional openness, and strict adherence to the Constitution and international instruments. Furthermore, it calls on all State institutions to respect the Court's role as the supreme interpreter of the Constitution and to guarantee the necessary conditions for its operation without obstacles or interference.
With regard to the process for selecting the Attorney General and Head of the Public Prosecutor's Office, the Mission had the opportunity to address the plenary sessions of the Nominating Committee to reiterate the points made in the written communication that had been sent previously. Formal compliance with procedures and deadlines, while essential, is not sufficient on its own to ensure substantive legitimacy, public trust, or institutional credibility. The scoring table is a technical support tool, but it does not replace the comprehensive assessment that must be conducted regarding the merit, capacity, independence, integrity, suitability, and recognized good probity of each candidate.
Furthermore, the Mission reiterates that the requirement of probity is not a secondary requirement and cannot be deemed satisfied merely through a formal review of the application file. It is an independent constitutional standard that requires an explicit, individualized, and reasoned evaluation. This is a technical decision that cannot be made arbitrarily without proper justification. Therefore, the Mission considers it essential that the assignment of scores, the evaluation of objections and rebuttal evidence, and especially the finalization of the shortlist of appointees, be based on clear, objective, and publicly verifiable grounds. Similarly, the Mission notes that recent experience demonstrates that formal compliance with stages and deadlines, while indispensable, is not sufficient on its own to ensure substantive legitimacy or public confidence in the suitability of the individuals ultimately appointed.
The Mission further emphasizes that the Public Prosecutor's Office plays a particularly critical and fundamental role in Guatemala's democratic system and rule of law. The institution is responsible for conducting investigations and criminal prosecutions on behalf of the State and plays a central role in protecting victims' rights, combating impunity, guaranteeing human rights, upholding the rule of law, and preserving public trust in the justice system. For this reason, the selection of the individual who will lead the Public Prosecutor's Office goes far beyond a mere administrative decision or institutional transition: it is a fundamental definition of the State with direct implications for democracy, the rule of law, human rights, democratic governance, and the credibility of the justice system. The public interest must absolutely prevail over any other individual or group consideration.
In this context, the substantive quality of the shortlist of six candidates submitted by the Nominating Committee to the President of the Republic is of exceptional importance. That list must consist exclusively of individuals who offer the strongest assurances of competence, independence, integrity, and recognized probity.
The Mission observed significant consensus across various sectors of Guatemalan society and within the State itself regarding the advisability of discussing regulatory reforms aimed at strengthening the transparency, objectivity, deliberative quality, and legitimacy of these mechanisms. The recurrence of controversies, challenges, and tensions in the various selection processes suggests that the current model is showing signs of exhaustion that must be addressed with democratic responsibility, a vision for the State, and adherence to the constitutional framework.
The Mission believes that moving toward potential reforms should be understood as part of a broader reflection on how to ensure that the mechanisms for appointing high-level State authorities better align with the principles of merit, independence, integrity, transparency, and public trust. To this end, it will be essential to foster opportunities for dialogue among State institutions, political and social actors, and specialized sectors, with the aim of identifying viable adjustments that strengthen the country's democratic institutions.
The Mission reiterates its full respect for Guatemala's sovereignty and the autonomy of its institutions, and thanks the authorities and various sectors for their cooperation during this visit. It also reiterates its willingness to continue supporting efforts aimed at strengthening the rule of law, transparency, and legitimacy to bolster the country's institutions.
Reference: E-045/26
