The harassment and criminalization of justice operators and human rights defenders by Guatemalan government officials include multiple forms of gender-based violence and discrimination, according to a report published by Amnesty International on Thursday.
The report analyzes the criminalization of female justice operators and human rights defenders in the country, highlighting any instances of human rights violations these individuals might have suffered in retaliation for their activities. Amnesty International found that due to the significant progress Guatemala has made in the fight against corruption and impunity, affected groups such as the Public Prosecutor’s Office and the judiciary have taken legal action to intimidate and criminalize individuals working to hold government officials accountable.
Amnesty International reported a documented pattern of harassment and criminalization since 2018 that includes improper criminal prosecution, trials without due process, online attacks, personal harassment, arbitrary detention, and exile. The report stated:
In the case of women justice operators and human rights defenders subjected to criminalization, the lack of protection from misogynistic attacks in public spaces, including in courts, tribunals and the digital world, as well as other issues related to their gender and caregiving roles, have had differentiated psychosocial impacts that affect different aspects of their lives.
Testimonies received by Amnesty International included misogynistic remarks and gestures during the trial, online threats and harassment, and manipulated photos shared on social media, all of which were “aimed at diminishing the value of these women as both professionals and in their capacity”. Regional Director for the Americas at Amnesty International Ana Piquer stated, “Instead of being protected, these women received additional punishments simply for having dared to confront impunity and traditionally established gender roles.”
Amnesty International offered several recommendations to Guatemalan authorities, including that the authorities publicly and unequivocally recognize the legitimate work of justice operators and create a comprehensive policy to protect them. The organization also stated that the executive must adopt a reparations policy for justice operators who have been criminalized and that Congress must ensure the judiciary’s independence under international human rights law and standards.
Ana Piquer further stated:
The fact that the women who reported, investigated or heard these cases of corruption are the ones who are now on trial and may have even faced prison is symptomatic of an ailing justice system. The Guatemalan authorities must urgently change course in order to heal their institutions, placing the rights of all people in Guatemala at the centre, in accordance with international law, and putting an end to this politically motivated criminal persecution.
In March, the Inter-American Commission of Human Rights (IACHR) reported that at least 126 human rights defenders were murdered in the Americas in 2023. This figure included three murders in Guatemala during the final four months of the year.
Guatemala was also listed as a “country to watch” in Transparency International’s 2023 Corruption Perceptions Index, which ranks countries and territories based on their perceived level of public sector corruption. Guatemala scored 23 on a scale of zero (highly corrupt) to 100 (very corrupt), while the global average was 43. Transparency International found that the country has continuously granted immunity to elite individuals for their corrupt practices while targeting individuals who express concern over such corruption.
The UN High Commissioner for Human Rights Volker Türk has also expressed concern over the human rights situation in Guatemala, claiming the rule of law is at risk as government accountability remains low.
