August 23, 2024
The Mission of the Organization of American States (OAS) to Observe the Elections for Judges of the Supreme Court of Justice and Courts of Appeals in Guatemala welcomes the recent designation of the headquarters for the work of the Nomination Commissions for the Supreme Court of Justice, Court of Appeals and Other Courts of Equal Category. This guarantees an environment that meets the security and logistics conditions necessary for the work of the commissions and the adequate custody of the files.
The Mission also considers positive the agreements reached between the commissioners that allowed progress to be made on the substantive issues such as the design of the instruments, the work schedule and defining the date for the call and receipt of files. These steps are important to meet constitutional deadlines and ensure that the magistrates are relieved on October 13, 2024, thereby guaranteeing the principle of alternation.
The Mission notes the short deadline of four days for the delivery of files and calls on all legal professionals with suitability and honorability to actively participate in this nomination process. Only with the participation of the best ethical professionals can the formation of Courts that guarantee judicial independence be guaranteed, an essential prerequisite for the protection of human rights and a foundation of representative democracy.
In turn, the Mission notes the importance of this process reflecting the diversity and representativeness of Guatemalan society, and therefore makes a special call for the participation of women and members of indigenous peoples. The inclusion of these groups is essential to strengthen a judicial system that responds to the needs and rights of all sectors of the population.
The Mission warns of the potential conflict of interest that would arise if members of the nominating committees participate in one process or another as candidates. In previous processes, situations of vote exchange have been identified in which different members benefited as candidates given their status as commissioners in one of the nominating committees. The Mission hopes that this type of conflict does not arise and appeals to the honorability of the members of the committees in situations such as this.
The Mission reiterates the call for the need to guarantee the safety of all persons involved in the process of electing judges, including the candidates, Rectors, and the Commissioners of the Nominating Committees.
The Mission hopes that the sessions of the remaining commissions will be held normally and that the established deadlines will be met to ensure that the magistrates are relieved on October 13, 2024.
The Mission has a communication channel with private institutions, civil society organizations and the general public through which they can present information that is considered relevant to the work of the Mission. Any relevant information can be sent via email to the Office of the OAS General Secretariat in Guatemala: oasguatemala@oas.org