The head of the UN recalls that the international staff of the Commission enjoys immunity, and that this immunity is maintained, even if they are no longer in office

Guterres concerned about the opening of a criminal case in Guatemala against former CICIG commissioner

photo_camera CICIG - CICIG Commissioner Iván Velásquez. Photo. CICIG

The Secretary-General is aware of the actions taken by the Guatemalan Public Prosecutor's Office on Monday against justice operators and officials of the former International Commission Against Impunity in Guatemala, known as CICIG, including the intention to take legal action against the former commissioner, Iván Velásquez, the current Colombian Minister of Defence.

The Guatemalan government closed CICIG in 2019. Between 2007 and 2019, the independent body supported the national judicial system "in more than 100 high-profile cases of alleged corruption and other criminal offences" involving government officials, members of Congress and the courts, and various individuals from the private sector.

At a press conference in New York, António Guterres' spokesperson recalled on Wednesday that, according to the agreement between the United Nations and the Government of Guatemala regarding the establishment of the Commission, its international staff enjoys privileges and immunities, and that their immunity is maintained even though they no longer hold their positions.

"The Secretary-General therefore expresses once again his concern at the numerous reports suggesting that criminal proceedings are being taken against those who tried to shed light on corruption cases and worked to strengthen the justice system in Guatemala," said Stephane Dujarric.

Intimidation of officials on the rise

The UN High Commissioner for Human Rights expressed his "deepest concern" at the "repeated and increasing intimidation, harassment and reprisals" against justice officials involved in the fight against impunity.

Volker Türk said that "it is dramatic, given Guatemala's history, that those fighting for accountability for serious human rights violations are the ones being persecuted and prosecuted".

"Equally worrying are the attacks on those who try to fight against one of the worst viruses afflicting any society: corruption", he added.

The number of justice officials facing intimidation or criminal charges for their work in cases of corruption or human rights violations, especially those that occurred in the context of the armed conflict that took place between 1960 and 1996, will increase by more than 70% between 2021 and 2022, the UN Human Rights Office in Guatemala documented.

Türk recalled that, following the dissolution of the Commission, there was "a steady increase in the number of cases of harassment and criminal charges against its former officials and prosecutors".

"These prosecutions and the lack of due process guarantees undermine the rule of law throughout the country," said the UN human rights chief.

"I call on the authorities to take appropriate measures to strengthen and guarantee the independence of the justice system and provide the necessary protection to justice officials," Türk concluded.

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