GENEVA - Guatemala stands at a pivotal juncture as it commences the 2026 judicial appointments process and the country must take decisive steps to eliminate the instrumentalisation of its justice system once and for all, a UN expert said today.
During the first half of 2026, five full and five alternate magistrates will be elected to the Supreme Electoral Tribunal, five full and five alternate magistrates will be elected to the Constitutional Court, and the next Public Prosecutor to lead the Public Prosecutor's Office will be chosen.
"My country visit to Guatemala in May 2025, confirmed the systematic nature of criminalisation and its broad impact on justice operators, Indigenous Peoples' leaders, human rights defenders, and journalists," said Margaret Satterthwaite, Special Rapporteur on Independence of Judges and Lawyers. "The appointment of individuals of proven integrity who meet the requirements for these essential positions is a key step toward ending this abusive pattern."
"Given the crucial roles these three bodies play in safeguarding democratic governance, human rights, the constitutional order, and the rule of law, it is the duty of each relevant actor to carry out their responsibilities with the utmost diligence. They must ensure that these processes are conducted according to applicable standards, taking into account lessons learned, and recommendations previously issued by this mandate and other international mechanisms," she said.
"Guatemala must avoid a repetition of past situations, in which individuals associated with abuse of power or serious human rights violations were successful in securing appointment to these key positions," the expert warned. "For that reason, as a minimum measure, all individuals against whom there are credible allegations of conduct incompatible with human rights standards, especially those who have held decision-making authority relevant to criminalisation, should not be shortlisted or appointed pending independent and thorough investigation of those allegations."
Satterthwaite called for protection of those involved in the appointments processes, both candidates and members of the Nominating Commissions, as well as strong action to ensure there is no undue interference by powerful groups and corruption networks within the Commissions or during the process.
The expert has contacted Guatemala regarding her concerns.
