Section 1. Respect for the Integrity of the Person
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were reports that the government or its agents committed arbitrary or unlawful killings. As of August 31, the Public Ministry, which is responsible for the prosecution of all criminal cases, as well as the Office of Professional Responsibility of the National Civil Police (PNC), reported five complaints of homicide by police, three more than in 2020. The PNC did not provide further information on any of these cases.
The nongovernmental organization (NGO) Unit for the Protection of Human Rights Defenders (UDEFEGUA) alleged that at least seven members of rural and indigenous activist groups were killed or died in disputed circumstances between January and November. Some of the killings appeared to be politically motivated, and all the cases remained under investigation at year’s end. On September 20, indigenous rights defender Ramon Jimenez was found dead with gunshot and blunt weapon wounds in El Volcan, Jalapa. Jimenez worked for an indigenous collective that promotes indigenous rights and had clashed with local political and business leaders over his advocacy for fellow farmers and taxi drivers. As of November 29, a total of 10 activists or human rights defenders were killed.
The national government’s prosecution of Jose Mauricio Rodriguez Sanchez continued. Rodriguez Sanchez, former intelligence chief under former president Rios Montt, was accused of genocide against the Maya Ixil community during the country’s 36-year internal armed conflict (1960-1996). On February 21, an appellate court ruled against the appeal of the 2018 ruling that acquitted Rodriguez Sanchez of all crimes. On March 19, the Public Ministry brought the case before the Supreme Court, but as of November 29, a final resolution had not been issued.
In the case regarding Luis Enrique Garcia Mendoza, operations commander under former president Rios Montt, Judge Jimmi Bremer of High-Risk Court C scheduled a hearing for October 11 to rule on whether there was sufficient evidence to bring the case to public trial against Garcia Mendoza on charges of genocide and crimes against humanity. The hearing was suspended and rescheduled for February 2022.
The Public Ministry continued investigation of another case for genocide against the Maya Ixil community from the last months of former president Romeo Lucas Garcia’s government (1978-1982). Three high-ranking military officers, Cesar Octavio Noguera Argueta, Manuel Callejas y Callejas, and Benedicto Lucas Garcia, were charged in this case. The prosecution continued against Callejas and Lucas; Noguera died in November 2020. According to the ministry, the case involved a minimum of 32 massacres, 97 selected killings, 117 deaths due to forced displacement, 37 cases of sexual assault, and 80 cases of forced disappearance. Many victims were children. On August 30, Judge Miguel Angel Galvez ruled there was sufficient evidence to bring the case to public trial. As of November 29, the trial had not been scheduled. Callejas and Lucas were both previously convicted of serious crimes in the Molina Theissen case and were serving 58-year prison sentences.
There were no reports of new disappearances by or on behalf of government authorities. The Public Ministry continued to investigate and prosecute cases of forced disappearances from the 1960-1996 internal armed conflict period, although at times Attorney General Maria Consuelo Porras stalled cases of genocide and disappearances from that period. There was a high-level nationwide debate spawned by congress’ consideration of a bill that would grant amnesty for all atrocities committed during the civil war.
On May 27, a High-Risk Court judge issued 17 arrest warrants for individuals materially involved with, or who directly enforced, disappearances, torture, rape, and extrajudicial executions in 1983 and 1985, as documented in a leaked military file referred to as Diario Militar. The PNC initially detained 11 of the 17 individuals and detained a 12th when he voluntarily attended a related judicial proceeding. Five more individuals remained at large and were being sought by victims’ families. Initial judicial hearings to proceed to trial began in September after months of stalling by the defendants’ lawyers and attempts to dismiss the judge.
The CREOMPAZ case, named after the Regional Center for UN Peacekeeping Training Institute where a mass burial site for disappeared persons was found, continued for former military officers indicted in 2017 on charges of forced disappearance and crimes against humanity during the 1960-1996 armed conflict. The delay in resolving several appeals and recusal motions filed in 2016 prevented the opening of a full trial. Byron Barrientos and Carlos Garavito remained in custody. Former congressman Edgar Justino Ovalle Maldonado, also charged in the case, remained in hiding after the Supreme Court lifted his immunity from prosecution in 2017.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, but there were cases of prison officials’ negligence that allowed prisoners to experience violence and degrading conditions. The Office of the UN High Commissioner for Human Rights (OHCHR) noted that documentation and reporting mechanisms for torture and other cruel, inhuman, or degrading treatment or punishment remained weak, thereby hindering a full understanding of the prevalence of the problem. The OHCHR also noted that many official complaints cited unsafe and cramped conditions at Federico Mora National Hospital for Mental Health during the COVID-19 pandemic. Most of these complaints remained unresolved.
According to the Conduct in UN Field Missions online portal, there was one allegation submitted in February 2020 of sexual exploitation and abuse by a Guatemalan peacekeeper deployed to the UN Organization Stabilization Mission in the Democratic Republic of the Congo. The allegation involved rape of a child. Both the government and the United Nations launched investigations into the allegation, but as of November both inquiries remained pending.
Impunity within the PNC was not a widespread or systemic issue. Impunity from prosecution for serious crimes within the PNC declined, with several high-profile convictions of PNC officers sentenced to imprisonment. Lesser crimes of negligence and bribery by officers continued, however, with few convictions. As of October more than 90 police officers were removed from the force based on bribery allegations. Most of the cases were documented in social media with videos taken by civilians. These removals formed part of PNC institutional policy to combat corruption. These instances appeared scattered and not related to military orders. Negligence by officers largely resulted from a lack of sufficient training. The law requires officers to hold at least a high school degree, but they often had much less, and some individuals had as little as six months of police training before being sent out on the streets.
In some areas impunity remained a significant problem in the PNC and the military. Impunity was evident in the Port, Airports, and Border Points Division (DIPAFRONT) of PNC forces dedicated to investigating crimes involving national borders, such as drug trafficking, smuggling, contraband and evasion of paying taxes by moving money outside the country. International law enforcement organizations reported private-sector actors paid some DIPAFRONT officers to avoid investigations into their operations. Government records did not include internal investigations in the PNC of these bribes.
Impunity for high-level officials from disciplinary or criminal prosecution existed. In several instances when PNC or Public Ministry investigators opened a case against high-level officials, the investigators were subsequently removed.
The PNC utilizes three mechanisms to identify and investigate abuses: an anonymous tip line using a landline telephone number, a tip line to receive complaints using a messaging application, and in-person complaints. The PNC Internal Affairs Division conducts internal surveillance of PNC officers’ performance and follows a disciplinary process with an internal tribunal to decide cases. That division wiretaps criminal structures found to be working with corrupt PNC officers, but the unit was not authorized to investigate criminal structures within the PNC. The government’s main mechanism to rid the PNC of corruption is to remove PNC officers suspected of these abuses, often without investigation or tribunal. The PNC has a unit devoted to criminal investigation of human rights violations, funded by donor countries, but the unit lacked political and material support.
Prison and Detention Center Conditions
Prison conditions were harsh and life threatening, with multiple instances of inmates killing other inmates. Sexual assault, inadequate sanitation, poor medical care, and significant overcrowding placed prisoners at significant risk.
Physical Conditions: Prison overcrowding was a problem. As of August 31, according to prison authorities, there were 24,989 inmates held in facilities designed to hold 6,997 persons. To ease prison overcrowding, the Rehabilitation Subdirectorate of the penitentiary system processed 3,680 early release requests from April to October, more than double the previous year’s figure. Better coordination between sentencing judges and defense attorneys led to 1,398 inmates being granted early release by the courts during the same period.
As of December 10, there were 596 juvenile inmates in four traditional detention centers and the halfway house, which were designed for 557 inmates. Another 1,242 juvenile inmates were held in three new alternative measures facilities. Despite a reduction in overcrowding, there were 231 inmates in the Centro Juvenil de Privacion de Libertad para Varones juvenile detention facility, designed for 155 individuals. The courts had not sentenced approximately 18 percent of juvenile inmates held in detention.
Prison officials acknowledged safety and control problems, including escape attempts, gang fights, inability to control the flow of contraband goods into prisons, inmate possession of firearms and grenades, and the fabrication of weapons. Prisoners conducted criminal activity both inside and outside of prisons. Media reported that transnational criminal gangs and drug trafficking groups controlled major prisons. According to prison authorities, from January through August 31, at least 17 inmates died of unnatural causes while in prison. On August 11, after prison officials transferred Barrio 18 gang leaders from the overcrowded El Infiernito Prison to other facilities, in part to curtail their extorsion practices and other criminal activity, gang members took 18 guards hostage, including the prison director. The hostages were released after officials returned the Barrio 18 leaders to El Infiernito. The adult penitentiary system added a K-9 unit to search for narcotics and cell phones in its new correctional model as a measure to reduce criminal activity.
Physical conditions, including sanitation facilities, medical care, ventilation, temperature control, and lighting, were inadequate. Prisoners had difficulty obtaining potable water, complained of inadequate food, and often had to pay for additional sustenance. Illegal drug sales and use were widespread.
Media and NGOs reported female inmates faced physical and sexual abuse. Female inmates reported unnecessary body searches and verbal abuse by prison guards. Children younger than age four could live in prison with their mothers, but the penitentiary system provided inadequate food for young children, and many suffered from illness. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights groups stated that other prisoners often sexually assaulted LGBTQI+ individuals, and there were insufficient facilities to protect LGBTQI+ individuals in custody. NGOs claimed admittance procedures for LGBTQI+ prisoners were not implemented, noting particular concern regarding procedures for transgender individuals.
Administration: While the law requires authorities to permit prisoners and detainees to submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions, authorities failed to investigate most allegations or to document the results of such investigations.
Independent Monitoring: The government permitted visits by local and international human rights groups, the Organization of American States, public defenders, and religious groups. The Office of the Human Rights Ombudsman (PDH) and the National Office for the Prevention of Torture, both independent government bodies responsible for ensuring that the rights and well-being of prisoners are respected, also periodically visited prison facilities.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, but there were credible reports of extrajudicial arrests, illegal detentions, and denial of timely access to a magistrate and hearing as required by law. Suspects are entitled to challenge in court the legal basis or arbitrary nature of their detention. There was no compensation for those ruled unlawfully detained.
Arrest Procedures and Treatment of Detainees
The law requires presentation of a court-issued warrant to a suspect prior to arrest unless police apprehend a suspect while in the act of committing a crime. Police may not detain a suspect for more than six hours without bringing the case before a judge. Authorities did not regularly respect this right. After arraigning suspects, the prosecutor generally has three months to complete the investigation if the defendant is in pretrial detention and six months to complete the investigation if the defendant is granted house arrest. The law prohibits the execution of warrants between 6 p.m. and 6 a.m. unless the government has declared a state of siege. Judges may order house arrest for some suspects. The law provides for access to lawyers and bail for most crimes. The government provides legal representation for indigent detainees, and detainees have access to family members. A judge has the discretion to determine whether bail is permissible for pretrial detainees.
Arbitrary Arrest: As of August 31, the PNC Office of Professional Responsibility had received 48 complaints of illegal detention by police, compared with two in 2020. Reports indicated police ignored writs of habeas corpus in cases of illegal detention, particularly during neighborhood antigang operations.
On May 19, the PNC arrested Juan Francisco Foppa, former head of the Tax Administration Superintendency, for alleged falsification of documents when registering a new political party. Police followed him in an unmarked car – outside of permitted police procedures – stopped him, then arrested him, without cause or an arrest warrant. He was released on June 11 pending a hearing on the charges of irregularities related to the documents he submitted to register a political party. As of November there was no progress in this case. Domestic human rights and anticorruption activists cited his arrest as an example of the government’s pattern of harassing anticorruption advocates.
Pretrial Detention: As of October prison system records indicated 46 percent of prisoners were in pretrial detention, approximately the same percentage as in 2020, despite court closures due to COVID-19. The law establishes a one-year maximum for pretrial detention, regardless of the stage of the criminal proceeding, but the court has the legal authority to extend pretrial detention without limits as necessary. Authorities regularly held detainees past their legal trial-or-release date. Lengthy investigations and frequent procedural motions by both defense and prosecution often led to lengthy pretrial detention, delaying trials for months or years. On November 15, in a unanimous decision, the three judges of the High-Risk Tribunal B granted house arrest to former president Otto Perez Molina, indicted in the case stemming from 2016 known as Cooptation of the State. The court also stated that the change to house arrest would enter into effect on the condition that he pay a fine of 13 million quetzals ($1.69 million). Molina’s legal team argued against the fine, stating that the sum was unaffordable and was imposed to keep him in prison. Perez Molina has been in pretrial detention since 2015. According to press reports, although Perez Molina would have been able to pay the fine, he would not have been released from prison because he was also indicted in another case stemming from 2015, known as The Line, where the judge in charge, Miguel Angel Galvez, had repeatedly refused his requests for house arrest.
Observers noted the slow pace of investigations and lack of judicial resources hampered efforts to reduce pretrial detention and illegal incarceration. Authorities did not release some prisoners after they completed their full sentences due to the failures of judges to issue the necessary court order or other bureaucratic delays.
e. Denial of Fair Public Trial
The law provides for an independent judiciary. The judicial system generally failed to provide fair or timely trials due to inefficiency, corruption, and intimidation of judges, prosecutors, and witnesses.
Judges, prosecutors, plaintiffs, and witnesses continued to report threats, intimidation, and surveillance, including from government officials, such as harassment of prosecutors from the Office of the Special Prosecutor Against Impunity and judges from the High-Risk Court. On September 29, High-Risk Court judge Erika Aifan posted a video on social media that detailed how government employees from outside her office placed staff in her court office who recorded her private comments and leaked confidential files from her cases. From January through August 31, the Special Prosecutor’s Office for Crimes against Judicial Workers and Unionists received 69 complaints of threats or aggression against workers in the judicial branch and 53 complaints against prounion activists, for a total of 122 complaints, compared with 194 in 2020.
On October 11, Attorney General Porras announced the reassignment of lead human rights prosecutor Hilda Pineda to an office that investigates crimes against tourists. Pineda was known for aggressively pursuing prosecution of human rights abuses by the military during the civil war, including genocide against the Maya Ixil community and the Diario Militar case. Civil society decried the move as politically motivated and expressed concern the move would weaken the prosecutions of these cases.
Since May prosecutors and judges associated with the Diario Militar case reported increased threats and surveillance. The Human Rights Prosecutor’s Office requested security support from the Public Ministry, but as of November none had been provided.
On April 13, the Congressional Executive Board swore in seven of the 10 new Constitutional Court members for the 2021-2026 term starting on April 14. Congress refused to seat re-elected independent incumbent Constitutional Court magistrate Gloria Porras, citing a provisional injunction. In view of her consequent loss of immunity after not being sworn in for a new term on the Constitutional Court, Porras departed the country on April 14 and remained abroad as of November 29. Civil society expressed concern that as of November the court had consistently ruled in favor of the governing coalition.
The selection process for the election by congress of 13 Supreme Court and 135 appellate court magistrates continued largely unresolved. As of August 31, congress successfully completed the voting procedure for only one candidate for the appellate court in a total of 270 candidates. The sitting Supreme Court and 269 appellate court judges remained in their positions. In 2019 the Constitutional Court halted the selection process for Supreme Court and appellate court magistrates, ruling that formal evaluation procedures were not followed within the selection committees after a process that suffered widespread manipulation of selection committees by politicians, judicial operators, and other influential citizens. In February 2020 Public Ministry investigations found that while in prison on corruption charges, Gustavo Alejos, former chief of staff under then president Alvaro Colom, accepted at least 20 visits from officials associated with the selection process in his hospital ward in the days before the selection committees provided their lists. The Constitutional Court issued a final ruling in May 2020 requiring removal of candidates associated with Gustavo Alejos and a voice vote for each position in congress, but as of November congress had not complied with the ruling.
The constitution provides for the right to a fair and public trial, the presumption of innocence, the defendant’s right to be present at trial, and the right to legal counsel in a timely manner. The law requires the government to provide attorneys for defendants facing criminal charges if the defendant cannot find or afford an attorney. Defendants and their attorneys may confront adverse witnesses and present their own witnesses and evidence. The law provides for abbreviated processing (similar to plea bargaining) for minor offenses with short-term prison sentences and the right of appeal. The Constitutional Court left in place the temporary suspension of the 2019 plea bargaining law. The law was suspended in 2020 for potentially violating due process. Three-judge panels render verdicts. The law provides for oral trials and mandates free language interpretation for those needing it; however, interpreters were not always available, including for indigenous victims in the High-Risk courts. Officials conduct trials in Spanish, the official language, although many citizens speak only one of the 23 officially recognized indigenous languages.
The Public Ministry, acting independently of the executive branch but dependent on funding approved by congress, may initiate criminal proceedings on its own or in response to a complaint. Private parties may participate in the prosecution of criminal cases as plaintiffs.
Even though courts reopened in June 2020 after COVID-19 outbreaks closed courts earlier that year, the judicial system reportedly canceled 68,751 hearings through August. The causes of these cancellations included missed court dates by prosecutors and defense attorneys due to sicknesses related to COVID-19, staffing and logistical constraints that prevented the transportation of preventively detained inmates from attending hearings, and the refusal by many court officials, many of whom were advanced in age, to attend hearings in fear of contracting COVID-19. Although the courts were working through the 2020 closure backlog, the cancellation of additional hearings meant conviction rates for most crimes were lower in 2021 than in 2020.
International and domestic observers considered the number of judges insufficient. Lack of sufficient personnel, training, and evidence hampered Public Ministry prosecutors’ ability to bring cases to trial.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Politically Motivated Reprisal Against Individuals Located Outside the Country
On May 14, the newly installed Constitutional Court announced it had received a complaint against the U.S.-based former International Commission against Impunity in Guatemala attorney Alfonso Carrillo via an amicus curiae brief and that the court had referred the case to the Public Ministry for a criminal investigation. The brief, presented by Ricardo Mendez Ruiz, director of the Foundation Against Terrorism, stated that Carrillo violated the civil and commercial procedure code by filing legal actions and injunctions against recent Constitutional Court magistrates’ nominations. On May 18, civil society organizations, including Justicia Ya and UDEFEGUA, released a statement that criticized the court’s action on social media accusing the court of protecting a corrupt group of state actors.
Threats, Harassment, Surveillance, and Coercion
Juan Francisco Sandoval, former head of the Office of the Special Prosecutor Against Impunity, reported that police interviewed his parents and entered their home looking for him even though his whereabouts in the United States had been widely reported.
On September 29, High-Risk Court judge Erika Aifan claimed through her social media account that for years officials implicated in cases she presided over monitored her by placing staff into her courtroom and office, and that these workers often leaked details of important cases to those accused of corruption.
Prosecutors from the Public Ministry’s Human Rights Department who were prosecuting civil war era war crime cases against former military members reported that after the May arrests connected to the Diario Militar case, they were followed by unmarked vans and experienced threatening gestures from other vehicles.
Civil Judicial Procedures and Remedies
Individuals and organizations have access to administrative and judicial remedies to submit lawsuits seeking damages for, or cessation of, a human rights violation or other alleged wrongs. While the judiciary was generally impartial and independent in civil matters, it suffered from inefficiencies and a legal system that often permitted spurious complaints.
Property Seizure and Restitution
Negotiations between the government and families affected by the construction of the Chixoy hydroelectric dam continued. As of November the government had paid approximately 99 percent of the 200 million quetzals ($26 million) in individual reparations to families affected by the dam. Fifteen cases of reparations remained unresolved. During the dam’s construction from 1975 to 1985, more than 400 individuals died, and thousands were displaced.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and the government generally respected these prohibitions, but there were credible reports of harassment of the families of officials. A prosecutor reported that in October, after her office removed her from a high-profile corruption case, unknown individuals in unmarked cars photographed her mother and sister outside their houses on several occasions.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for official corruption, but officials frequently engaged in corrupt practices with impunity. Despite numerous allegations of corruption among the legislative and executive branches of the government, few high-profile cases were prosecuted during the year, and anticorruption efforts within the judiciary stalled. Prominent anticorruption prosecutors were fired or removed from significant cases, and corrupt actors threatened independent judges by filing complaints based on spurious charges to strip them of immunity to prosecution.
On July 23, Attorney General Porras abruptly fired the head of the Office of the Special Prosecutor Against Impunity, Juan Francisco Sandoval. On the evening of July 23, Sandoval fled the country after he held a press conference at the Office of the Human Rights Ombudsman, in which he implicated several sitting and former government officials in corruption cases. Over the following weeks, protesters demonstrated in support of Sandoval and called for the attorney general’s removal. On September 2, a criminal court issued an arrest warrant for Sandoval for the crimes of obstruction of justice and failure in performance of official duties. On November 30, the Public Ministry announced a new set of charges against Sandoval including abuse of authority, fraud, and conspiracy related to deals Sandoval allegedly made with cooperating witnesses in corruption cases. As of December 16, Sandoval remained out of the country.
Threats against independent judges also posed a threat to anticorruption efforts. Judges who presided over high-profile criminal cases faced continued efforts to strip them of their immunity, which would expose them to potential prosecution and retaliation for their judicial rulings.
The Presidential Commission Against Corruption serves the administrative function of introducing reforms that promote transparency, but it lacked both the resources and the mandate to actively investigate corruption cases. During the year civil society representatives criticized the commission for a perceived lack of independence.
Corruption: As of November former communications minister Jose Luis Benito remained a fugitive, and authorities requested an Interpol Red Notice for his arrest. In October 2020 the Special Prosecutor’s Office Against Impunity seized approximately 122 million quetzals ($15.9 million) in cash found in 22 suitcases inside Benito’s home in the city of Antigua, and the Public Ministry subsequently issued an arrest warrant for Benito on charges of money laundering.
On May 12, the special prosecutor against impunity presented formal charges against former member of congress Alejandro Sinibaldi in the Transurbano case. Sinibaldi had originally been expected to cooperate as a witness in the prosecution of the case but was eventually formally charged with money laundering and other crimes. The Transurbano case involving former president Alvaro Colom, 10 of his ministers, and former chief of staff Gustavo Alejos Cambara, involved a 2008 agreement signed by the ministers that allowed the urban bus company to form anonymous corporations and begin siphoning funds from a prepaid fare program. Sinibaldi was previously implicated in the Odebrecht case, involving bribes allegedly paid to himself and former presidential candidate Manuel Baldizon; the Construction and Corruption case, in which Sinibaldi was accused of money laundering and paying bribes while communications minister from 2012 to 2014; and a case of alleged illegal campaign financing in 2011.
The case known as Cooptation of the State continued against former president Otto Perez Molina, former vice president Roxana Baldetti and her chief of staff Juan Carlos Monzon, and dozens of coconspirators for illegal campaign financing, money laundering, and illegal payments for public contracts, among other charges. Several injunctions filed by the multiple defendants continued to stall the case. On May 19, the government dropped some of the charges levied against Perez Molina, including one linked to money laundering. On the same day, in a move that was widely criticized by domestic and international civil society, the government arrested Juan Francisco Solorzano Foppa, a former investigator on the original case that brought Perez Molina’s case to trial, and Anibal Arguello, a lawyer who had worked for the UN-backed International Commission Against Impunity in Guatemala and who was a witness in the main case against Perez Molina. As of December both Foppa and Arguello remained under house arrest.