Guatemala Urged to End Abuse of Justice System as Key Judicial Appointments Loom in 2026

The Special Rapporteur said the upcoming appointments process carries profound implications for Guatemala’s democratic future.

Guatemala is at a critical crossroads as it begins preparations for a major round of judicial and prosecutorial appointments in 2026, and must take decisive action to end the long-standing instrumentalisation of its justice system, a United Nations expert has warned.

In the first half of 2026, Guatemala will appoint:

• Five full and five alternate magistrates to the Supreme Electoral Tribunal

• Five full and five alternate magistrates to the Constitutional Court

• A new Public Prosecutor to lead the Public Prosecutor’s Office

Together, these institutions play a central role in upholding democratic governance, human rights, the constitutional order, and the rule of law.

UN Expert Warns of Systematic Criminalisation

Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, said her country visit to Guatemala in May 2025 confirmed the systematic use of criminalisation to undermine the justice system.

“My country visit confirmed the systematic nature of criminalisation and its broad impact on justice operators, Indigenous Peoples’ leaders, human rights defenders, and journalists,” she said.

She stressed that appointing individuals of proven integrity to the upcoming positions is essential to breaking this pattern.

“The appointment of individuals who meet integrity and professional standards is a key step toward ending this abusive practice,” Satterthwaite said.

Safeguarding Democracy and the Rule of Law

The Special Rapporteur said the upcoming appointments process carries profound implications for Guatemala’s democratic future.

“Given the crucial roles these three bodies play in safeguarding democratic governance, human rights, the constitutional order, and the rule of law, it is the duty of all relevant actors to carry out their responsibilities with the utmost diligence,” she said.

She urged authorities to ensure that the selection processes strictly adhere to applicable legal and international standards, while also incorporating lessons learned from previous appointment cycles and recommendations issued by UN mechanisms and other international bodies.

Warning Against Repeating Past Abuses

Satterthwaite cautioned against repeating past scenarios in which individuals linked to abuses of power or serious human rights violations were appointed to senior judicial roles.

“Guatemala must avoid a repetition of past situations, in which individuals associated with abuse of power or serious human rights violations were successful in securing appointment to these key positions,” she warned.

As a minimum safeguard, she said, no individual facing credible allegations of conduct incompatible with human rights standards should be shortlisted or appointed unless those allegations have been independently and thoroughly investigated.

This standard, she added, is particularly important for individuals who previously held decision-making authority linked to patterns of criminalisation.

Protecting the Appointments Process

The UN expert also called for robust protection for everyone involved in the appointments process, including:

• Candidates for judicial and prosecutorial posts

• Members of the Nominating Commissions

She stressed the need for firm measures to prevent undue interference by powerful interest groups and corruption networks, warning that such influence has historically undermined the credibility and independence of Guatemala’s justice institutions.

Ongoing Engagement With Authorities

Satterthwaite confirmed that she has formally communicated her concerns to the Government of Guatemala, emphasising the urgency of reform and the importance of transparent, merit-based appointments.

The UN has repeatedly warned that without meaningful safeguards, the continued politicisation of the justice system risks deepening impunity, democratic erosion, and public mistrust.