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Justice moves forward in cases against Guatemala’s president-elect

Photo: EFE

December 13 |

Both the Attorney General’s Office and a Guatemalan court judge advanced, by different paths, in separate investigations against the president-elect of that Central American country, Bernardo Arévalo.

The Attorney General’s Office delivered this Monday to the Supreme Electoral Tribunal (TSE) a report of the investigation on alleged anomalies for which it considers “null” the elections won by Arevalo last summer.

This followed Friday’s announcement by the Attorney General’s Office when it said it had detected irregularities in the vote count of the first round of June elections, although the president of the TSE, Blanca Alfaro, qualified that same day that the results of the elections “are unalterable” and that Arevalo must assume power on January 14.

But, the day before, “the Special Prosecutor’s Office against Impunity sent to the Magistrate President of the Supreme Electoral Tribunal, the criminal investigation developed by the Prosecutor’s Office, so that after the analysis, they can adopt the decision they consider convenient”, it was reported.

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According to the Prosecutor’s Office, there were a series of anomalies in the final minutes of the closing of the scrutiny in the elections of president, vice-president, deputies, corporations and deputies to the Central American Parliament.

Meanwhile, a judge sentenced this Monday an electoral official to two and a half years in prison for the alleged case of false signatures used for the creation of the Semilla Movement, Arévalo de León’s party.

According to several experts and Arévalo de León himself, this case of the alleged false signatures is part of the attempts of the Public Prosecutor’s Office (Fiscalía) to prevent the president-elect from taking office on January 14.

The sentence, ordered by criminal judge Fredy Orellana, was against an unidentified official of the Supreme Electoral Tribunal, informed a statement from the Attorney General’s Office: the “sentenced person accepted his responsibility in the commission of the crimes”, and the sentence given is two years and six months in prison, said the Public Prosecutor’s Office, although in Guatemala prison sentences may be commutable if they are less than five years.

Arévalo de León, who enjoys immunity both for his current position as congressman and for the presidential election he won, is accused in the same case being handled by Judge Orellana.

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Last September 1, Arévalo de León warned that the attorney general and head of the Public Ministry, Consuelo Porras Argueta, is carrying out a “coup d’état” against him in order to prevent his investiture in January.

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Central America

UN Rapporteur Warns of “Deep Crisis” in Guatemala’s Judicial System

The United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, said Monday that Guatemala’s judicial system is facing a “deep crisis” after evaluating the country’s institutional situation.

Speaking at a press conference in Guatemala City, the UN official explained that several factors have weakened judicial independence and placed the justice system in a “critical” situation.

Among the main problems identified were the “instrumentalization of justice,” concentration of power, and persecution of judicial officials, elements that, according to Satterthwaite, undermine the functioning of the rule of law in the country.

Satterthwaite presented these conclusions while releasing her final report on the visit she carried out in May 2025, when she spent 12 days in Guatemala assessing the performance of the judicial system.

During her stay, she met with judges, prosecutors, public defenders, lawyers, lawmakers, civil society organizations, and representatives of Indigenous communities, as well as officials from the executive, judicial, and legislative branches. These meetings took place in Guatemala City and in the departments of Quetzaltenango and Alta Verapaz.

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The rapporteur also reiterated her concern about the role of the Public Ministry of Guatemala, noting that the information collected points to the existence of a policy of criminalization against justice operators.

Despite this scenario, Satterthwaite expressed confidence that Guatemala can reverse the situation, highlighting that the country’s Constitution has previously demonstrated the ability to guarantee respect for the rule of law.

She also stressed that key appointments expected in the coming months will be decisive for the future of the judicial system, including the selection of a new Constitutional Court of Guatemala, a new Supreme Electoral Tribunal of Guatemala, and a new attorney general to replace the current head of the Public Ministry, Consuelo Porras.

“The appointments scheduled for 2026 to the Constitutional Court, the Supreme Electoral Tribunal, and the Public Ministry will be decisive in determining whether the current patterns of institutional capture and impunity will be consolidated or reversed,” the rapporteur concluded.

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Central America

UN Report Warns of Nicaragua’s “Transnational” Surveillance Network Targeting Dissidents

A special panel of the United Nations accused the government of Nicaragua on Tuesday of diverting public funds to finance the repression of political opposition both inside and outside the country, including through what it described as a “transnational network” of surveillance and intelligence.

The panel presented a new report to the press on the situation in the Central American nation, which has been governed since 2007 by President Daniel Ortega and his wife and vice president Rosario Murillo.

Based on dozens of interviews and extensive documentary evidence, the report states that since 2018—the year when student protests erupted and were violently suppressed—public funds have been diverted to support repression, including money originally allocated for social assistance programs and public sanitation projects.

According to the report, a “parallel structure” was created within the ruling Sandinista National Liberation Front to channel resources toward security operations, pro-government armed groups, and party activities.

The investigation was carried out at the request of the United Nations Human Rights Council.

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Another key finding of the report concerns the existence of a surveillance and intelligence network that extends far beyond Nicaragua’s borders, allegedly used to monitor, intimidate, and target hundreds of thousands of Nicaraguans living abroad.

The report documents an intelligence structure involving the military, police, migration authorities, the telecommunications regulator TELCOR, diplomatic missions, and operators linked to the FSLN.

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Central America

Guatemala Remains in “Restricted” Press Freedom Category, Chapultepec Index Warns

Indigenous leaders in Guatemala announce increased protests

Guatemala remains in a situation of “restricted” press freedom, weighed down by what has been described as “judicial harassment” against journalists, according to the latest Chapultepec Index released by the Inter American Press Association.

The Central American nation scored 45.20 out of 100 points, placing 13th in the regional ranking, according to the report published Tuesday by the regional journalism organization.

Although Guatemala climbed four positions compared with the previous report, the document warns about what it calls “judicial terrorism”, led by the Public Ministry of Guatemala and the courts. According to the report, criminal law is being used to criminalize and silence critical voices, pushing some journalists toward self-censorship or exile.

The report also highlights that despite the pro-press rhetoric of the government of President Bernardo Arévalo, the justice system and the legislative branch exert the most negative influence on freedom of expression in the country.

The killing of journalist Ismael Alonzo González on March 21, 2025, and the disappearance of Milton René Polanco Orellana between February and May of the same year illustrate the vulnerability faced by media workers.

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In addition, the organization warned about legislative initiatives such as the Cybersecurity Law of Guatemala, which could threaten freedom of expression in the digital sphere.

According to the regional press organization, the survival of independent journalism in Guatemala now depends more on civil resistance and international pressure than on the guarantees currently offered by the state.

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