Guatemala: Congress Assaulting Judicial Independence
November 17, 2020 11:23AM EST
Lawmakers Should Address Alleged Corruption, Respect Constitutional Court Rulings
(Washington, DC) – The Guatemalan Congress’s efforts to press criminal charges against Constitutional Court judges over a recent court ruling are a flagrant assault on judicial independence, Human Rights Watch said today.
In May 2020, the Constitutional Court ruled that to select suitable candidates, Congress should ensure that its process for selecting high court judges meets basic requirements. The ruling responded to a complaint that the list for Congress to select magistrates for the Supreme Court of Justice and Courts of Appeals included 15 candidates alleged in a criminal investigation to have engaged in influence peddling to fill judicial vacancies. Instead of complying with the court order, the permanent commission of Congress – charged with carrying out legislative functions when the full body is not in session – accused three of the five constitutional justices of crimes punishable with up to 10 years in prison.
“Congress’ efforts to orchestrate criminal proceedings against the constitutional magistrates are a direct assault on judicial independence, seeking to punish them for doing their job,” said José Miguel Vivanco, Americas director at Human Rights Watch. “Judicial independence is essential to rule of law in any society and instead of attacking the Constitutional Court, Congress should follow its order and address the corruption allegations in its own judicial appointment process.”
The 13 vacancies on the Supreme Court and 135 vacancies in the Courts of Appeals for the period 2019-2024 should have been filled in October 2019. On February 26, 2020, the Constitutional Court temporarily suspended the process in response to a petition by the Attorney General’s Office based on an investigation by the Special Prosecutor Against Impunity (FECI) that revealed evidence of possible influence peddling in the selection of judicial nominees.
More:
https://www.hrw.org/news/2020/11/17/guatemala-congress-assaulting-judicial-independence#