The Special Mission of the Organization of American States for the Strengthening of Democratic Institutions in Guatemala takes note of the election that the Congress of the Republic must hold today to appoint the primary and alternate magistrates of the Constitutional Court corresponding to that body, in compliance with the resolution issued by the Constitutional Court itself.
The Mission recalls that the Constitutional Court occupies a central place in the constitutional order and in the system of checks and balances. Therefore, the legitimacy, credibility, and institutional authority of the court depend, to a large extent, on the appointing bodies making appointments guided by objective, verifiable criteria that are compatible with the principles of legality, judicial independence, and constitutional control.
In this context-and without prejudice to the fact that the general deadline for making the selection is still in effect-the Mission emphasizes that the urgency arising from a judicial decision should not result in hasty, opaque, or interest-driven decisions. On the contrary, the process should reinforce public trust, contribute to the timely renewal of institutions, and preserve legal certainty.
Consequently, the Mission calls on the Congress of the Republic to conduct the election with maximum publicity, transparency, and accountability, ensuring responsible deliberation and a well-reasoned decision, in accordance with the Constitution, the law, and applicable inter-American standards.
Specifically, the Mission urges that the person appointed as a magistrate to the CC meet, at a minimum, qualifications that are fully consistent with the public interest, including:
• Verifiable suitability and technical competence, with a professional background that demonstrates mastery of constitutional law, legal argumentation skills, and strict respect for due process.
• Proven honorability and integrity, with consistent ethical conduct and a commitment to probity in the exercise of public office.
• Independence and impartiality, evidenced by the absence of subordination to partisan, economic, or any other interests, as well as by the ability to resist undue pressure.
• Absence of conflicts of interest (actual, potential, or apparent) that could compromise judicial judgment or affect the credibility of the court.
• Commitment to the rule of law and human rights, including respect for the separation of powers and constitutional supremacy, in accordance with the principles of the Inter-American Democratic Charter.
Similarly, the Mission considers it essential that Congress avoid appointments that could compromise the independence and legitimacy of constitutional justice. In particular, the Mission calls for the following individuals not to be elected:
• Individuals whose appointment may be the result of agreements on distribution, quotas, or opaque negotiations, to the detriment of merit and suitability.
• Individuals with political or economic ties or commitments that could result in dependence, partiality, or exploitation of the constitutional function.
• Individuals with serious and consistent allegations of lack of integrity that have not been properly clarified, or with a history that compromises public confidence in their performance.
• Candidates associated with practices of co-optation, influence peddling, or institutional weakening, or who pose a risk of using their position to obstruct accountability or distort constitutional control.
The election to be held by the Congress of the Republic of Guatemala is of particular importance, not only for the proper functioning of the justice system and the strengthening of the rule of law, but also for the future of democracy in the country.
The OAS Special Mission reiterates its willingness to continue observing and accompanying, within the framework of its mandate, the second-degree election processes in Guatemala, and urges all institutional actors to act in strict accordance with the Constitution, current judicial resolutions, and democratic principles, prioritizing the public interest above any other interest.
Reference: E-029/26
