Civic freedoms curtailed in the electoral context, while protesters demanded electoral process integrity

Introduction

On 25th June 2023, Guatemala conducted its first round of general elections. During the election, Bernardo Arévalo, the leader of the progressive Seed Movement (Movimiento Semilla), secured 12% of the votes. He is an academic with social-democratic views and the son of former progressive president Juan José Arévalo. The Seed Movement is a relatively new political party formed during the 2015 protests against the widespread corruption and impunity in the country.

The front-runner, Sandra Torres, of the National Unity of Hope (Partido Unidad Nacional de la Esperanza, UNE), also advanced to the run-off with 15% of the votes. A political insider, she was the first lady from 2008 to 2011 under the social democrat Álvaro Colom.

On 30th June 2023, nine political parties filed an appeal for legal protection before the Constitutional Court, alleging defects in the “vote counting procedure, the splitting of final tally sheets and results, data entry, and presentation of results to the population.” The Vamos party, led by the current president of Guatemala, Alejandro Giammattei, and the Cambio party, led by former deputy Manuel Baldizón, who served a sentence in the United States for money laundering conspiracy, both called for a nationwide repetition of scrutiny review hearings.

A day later, on 1st July 2023, the Constitutional Court granted a provisional injunction (3731-2023), suspending the officialisation of the results and ordering that all departmental electoral boards in the country repeat the scrutiny hearings and subsequent cross-checking of tally sheets, which, according to the Organisation of America States (OAS) Observation Mission report, is a procedure not considered in the electoral legal framework.

Similarly, the OAS’ Mission stated that “the resolution of the [Constitutional Court] contemplates the possibility of challenging even in instances where no observations were raised at the polling station, opening the possibility of questioning the process in a more general way and sowing doubts where there are none.”

On 3rd July 2023, several countries, including Germany, Spain, France, Italy, Sweden and the USA, called on Guatemala’s institutions and political entities to preserve the integrity of the electoral process and respect citizens’ expressed will. In addition, 196 civil organisations urged the State of Guatemala to protect citizen participation and ensure the integrity of the electoral process.

Two weeks after Election Day, on 12th July 2023, the Supreme Electoral Tribunal (TSE) confirmed that the UNE and the Seed Movement parties had advanced to the second round of presidential elections, confirming the outcome of the 25th June elections. Simultaneously, the Seventh Pluripersonal Judge of First Criminal Instance, Drug Trafficking and Crimes against the Environment of the Department of Guatemala issued an official notice to the General Directorate of the Registry of Citizens of the TSE.

This notice ordered the provisional suspension of the Seed Movement’s legal personality following a request from the Special Prosecutor’s Office against Impunity (Fiscalía Especial contra la Impunidad, FECI). The basis for this action was an alleged falsification of signatures when the party was formed.

On 13th July, the Constitutional Court granted the Seed Movement a provisional injunction against the first-instance criminal judge’s decision, allowing the Seed Movement to participate in the run-off.

The OAS Observation Mission condemned the fact that “the abuse of legal instruments by those who did not agree with the process led to a delay in the official certification of the results of the presidential election.” Also, a constitutional lawyer from the Guatemalan think tank Fundación Libertad y Desarrollo affirmed that “never in history has there been a problem with the vote count, much less one where the Constitutional Court — which has nothing to do with this — has intervened in the system.”

This decision disregarded Article 92 of the Election and Political Parties Law, which prohibits suspending parties during election periods. While the Constitutional Court explicitly ruled that the judge should not interfere with the Seed Movement’s participation in the run-off, it authorised the FECI to continue the criminal investigation.

As reported by the OAS Observation Mission, on 13th July, the FECI’s agents conducted a raid—characterised by an unnecessary display of force and masked armed personnel—on the TSE’s Citizen Registry offices, seizing the Seed Movement file. In the following days, these actions persisted, involving pressure on the Citizen Registry to report on compliance with the judge’s order despite the Constitutional Court resolution.

On 20th August 2023, Bernardo Arévalo and Karin Herrera from the Seed Movement won the election with over 60% of the valid votes, while the duo of Sandra Torres and Romeo Guerra from the UNE party recorded approximately 39%. On 28th August 2023, the TSE confirmed the presidential vote result, and the transition of power, officially recognised by the current President, is scheduled to take place on 14th January 2024. On the same day, the Citizen Registry Office, a TSE dependent entity, suspended the Seed Movement party.

According to the European Union Election Observation Mission report, since the general elections in June 2023, the political landscape has been marred by persistent attacks on the rule of law, efforts to subvert voter choices, and attempts to intimidate and criminalise both the electoral administration and the Seed Movement.

In this context, where various attempts to influence the outcome of elections through the use of the judicial system have occurred, civil society in Guatemala has been protesting to uphold their sovereign will as expressed at the elections. Furthermore, human rights defenders, justice operators and journalists continue to face an onslaught of attacks on their freedoms.

Expression

Restrictions on freedom of expression during the 2023 elections

According to reports, the ability of the independent press to inform on the electoral period was restricted, limiting voters’ right to receive information. In June 2023, the European Union Election Observation Mission reported that “the persecution and criminalisation of journalists based on arbitrary interpretations of the law by the Office of the National Attorney (MP) constitute an intimidating environment for the media that resulted in self-censorship, as reported by EU observers in 12 out of the 22 departments, and limited journalists’ access to information and freedom to report during the electoral period.”

An international observatory mission led by press freedom organisations has documented death threats against journalists in the northern region of Guatemala, attributing these threats to their critical scrutiny of candidates—an essential aspect of their public role. The organisations assert that candidates, mayors and officials exploited the weakened state of professional journalism and the abandonment of key institutions meant to protect journalists, coercing them into providing support.

Community Press Kilometer 169 (Prensa Comunitaria Kilómetro 169), an independent news agency, reported that most attacks on press freedom were recorded in June and August 2023, with 56 and 40 incidents respectively. These attacks are characterised mainly by restrictions on information.

International mission highlighted press freedom challenges

On 26th July 2023, ten international press freedom organisations released the findings of an observation mission to Guatemala to assess the state of press freedom in the country, particularly in the pre-electoral context amidst a prevailing climate of civic space contraction. This mission occurred from 3rd to 17th May 2023, during which 67 journalists were interviewed, and 12 civil society organisations were involved. Additionally, meetings were also held with some government entities.

In the mission’s report, the organisations underscored the stigmatisation, criminalisation and judicialisation of journalists, human rights defenders and justice operators—those who fight against corruption. The report also highlighted that self-censorship and distrust in institutions result from the arbitrariness of executive power, the lack of guarantees within the judicial system and the inadequacy of institutions and mechanisms designed for the protection of human rights: “Almost all the journalists and communicators interviewed believe that the current strategy of intimidation of the press and freedom of expression has resulted in a systemic problem in Guatemala.”

Peaceful Assembly

Protests opposing intervention in the electoral process and demanding the resignation of the Attorney General

Following the controversial review hearing of June’s electoral results and the provisional suspension of the Seed Movement’s legal personality, thousands of citizens have peacefully demonstrated on the streets and on social media since July 2023, demanding free elections. “The people of Guatemala are vigilant, and we will demand compliance with the laws, the Constitution, and the election results,” said protester Allan Ramírez to journalists.

On 24th July, the platform Alliance for Reforms (Alianza por las Reformas), a coalition of 40 social organisations promoting the rule of law, human rights and democracy in Guatemala, called a nationwide strike to denounce the arbitrary actions of the FECI, unveil instances of corruption and call for the resignation of public officials from the Public Prosecution’s Office and the Judiciary implicated in the so-called “pact of the corrupt”, a group of political, economic and military elite tied to organised crime.

On 1st September, President-elect Bernardo Arévalo called upon the Guatemalan people to safeguard democracy and uphold the popular decision expressed in the August 2023 polls. A day later, extensive demonstrations occurred in at least four cities across the country. Furthermore, around 4,000 protesters marched to Constitution Square (Plaza de la Constitución). They demanded the resignations of members of the judicial branch and the office of the General Prosecutor, whom they deemed to be anti-democratic actors.

On 18th and 19th September, protests and blockades led by indigenous and farmers’ groups occurred nationwide in support of President-elect Bernardo Arévalo, who had faced attempts by the Public Prosecution’s Office to outlaw his political party. Approximately 14 blockades were established on Guatemala’s seven main highways, and various streets in Guatemala City were obstructed. Protesters called for the resignation of the Attorney General involved in the efforts to ban the President-elect.

Association

Attacks against Seed Movement members

As previously mentioned, in the months of June and July 2023, various legal proceedings were initiated with the intent of interfering with the outcomes of the first-round election. On 12th July 2023, Judge Fredy Orellana, the Seventh Pluripersonal Judge of First Criminal Instance, issued an order to suspend the legal personality of the Seed Movement party, preventing its engagement in subsequent political activities and the allocation of positions to its candidates. This decision was prompted by allegations of signature irregularities in the party’s constitution, as asserted by Rafael Curruchiche, head of the FECI. The Seed Movement contested the order by filing an appeal for legal protection before the Constitutional Court.

On 13th July 2023, the Public Prosecutor’s Office conducted a raid on the Citizen Registry of the TSE, enforcing the suspension of the Seed Movement. The TSE’s Office refused to comply with the judge’s order. On 20th July 2023, an arrest warrant was issued against the Deputy Director of the TSE’s Citizen Registry for alleged non-compliance with the order. The following day, the Public Prosecutor’s Office conducted another raid on the Seed Movement headquarters, resulting in the detention of five members. Additionally, a new raid was carried out at the headquarters of the Citizen Registry.

On 27th July 2023, the media reported that the Public Prosecutor’s Office requested the TSE to disclose the names of individuals responsible for loading national-level results into the Preliminary Electoral Results Transmission System (TREP).

According to information received by the Inter-American Commission on Human Rights (IACHR), there have been at least 22 legal actions filed challenging the actions of the Public Prosecutor’s Office against the Seed Movement. Similarly, on at least 20 occasions, the Seed Movement party attempted to access the investigation file used against it, to no avail.

Moreover, the OAS Observatory Mission detected not only an excessive judicialisation during electoral processes, but also a tense atmosphere in the pre-electoral, electoral and post-electoral stages. Also, during the campaign period in July 2023, there were gender and homophobic online attacks documented against Seed Movement members.

In this context, on 24th August, the IACHR granted precautionary measures in favour of César Bernardo Arévalo de León and Karin Herrera Aguilar in Guatemala, “in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.” The IACHR assessed that both Seed Movement candidates have “being subjected to stigmatisation, harassment, hounding, public disclosure of personal details on social media and threats, including two specific plans to hurt and even kill them, one of which has been officially reported by the Guatemalan Public Prosecutor’s Office.”

On 28th August 2023, the Citizen Registry Office, which is an entity dependent on TSE, suspended the Seed Movement party. However, on 3rd September 2023, TSE temporarily blocked the suspension. The Tribunal found the suspension to be invalid since it did not come from an electoral body. According to the electoral law, the suspension of a party is prohibited during the electoral period. Therefore, TSE's decision will hold until the end of the electoral period, which is on 31st October 2023.

Criminalisation of human rights defenders

On 28th August 2023, the Public Prosecutor’s Office arbitrarily detained Claudia González Orellana, a former member of the International Commission against Impunity in Guatemala (CICIG).

Prior to the arrest, the Public Prosecutor’s Office conducted a raid on González’s residence, presenting a search and seizure warrant that did not specify the criminal charge against her. Upon completion of the search, she was served with an arrest warrant indicating only the crime of abuse of authority. The Public Prosecutor’s Office agents unlawfully seized her computer, cell phone and a USB device. In the same operation, the Public Prosecutor’s Office agents also raided the homes of former prosecutors of FECI, Eva Siomara Sosa Pérez and Juan Francisco Sandoval Alfaro.

According to a report, following a request from the Attorney General’s Office, the case was placed under "reserve," restricting access to details to only the accused, her defence and representatives. Consequently, her initial hearing, occurring nine days post-arrest, was conducted in closed proceedings.

González, in addition to her past role as a CICIG official, serves as the legal representative for multiple former CICIG and FECI officials who are unfairly facing criminal charges as a form of retaliation for their previous work. Notably, she is the lawyer of Virginia Laparra, a former FECI official currently incarcerated for filing a complaint against a judge while performing her duties, and Juan Francisco Sandoval, the former FECI chief currently in exile from Guatemala.

In 2022, the IACHR warned about a climate of threats, intimidation, harassment, and stigmatisation campaigns against justice operators. It also highlighted that more than “30 justice operators left the country in exile and at least 11 members and former members of the Special Prosecutor’s Office against Impunity (FECI) have been arbitrarily deprived of their liberty”.

Civil society organisations denounced Gonzalez’s arrest, urging her immediate release and expressing concern at the insufficient justification for the search of her residence and subsequent detention. “The criminal process against Claudia represents a clear attempt to punish her both for her work,” said Amnesty International.

The international community have expressed its concerned about this arbitrary detention. On 14th September 2023, the European Parliament called for “the immediate and unconditional release of Virginia Laparra, her lawyer Claudia González and all those arbitrarily detained.” A few days later, on 18th September, the UN Special Rapporteur on the Independence of Judges and Lawyers expressed grave concern about González’s detention and called on the Guatemalan authorities to take urgent measures to ensure the protection of judges, prosecutors, lawyers and other judicial officials:

“Claudia González’s case appears to be the latest in a series of similar cases targeting judges, prosecutors and lawyers who have worked on corruption or human rights cases in Guatemala,” said Margaret Satterthwaite, the Special Rapporteur.