UN expert says Guatemalan prosecutor’s office using criminal law to pursue opponents

GUATEMALA CITY (AP) — A United Nations expert warned Friday at the conclusion of her two-week visit that Guatemala’s prosecutor’s office is increasingly using criminal law against former prosecutors, judges, defense attorneys, journalists and others.

Margaret Satterthwaite, the U.N. Special Rapporteur on the independence of judges and lawyers, traveled the country meeting with judges, lawyers, lawmakers and others, including Guatemala’s chief prosecutor.

“The instrumental use of criminal law by the Prosecutor General’s Office appears to amount to a systematic pattern of intentional and severe deprivation of fundamental rights, targeted at specific groups,” Satterthwaite wrote in her preliminary report. “This persecution appears to be intensifying, as those who have sought to end impunity and corruption, defend human rights, or speak out against abuses of power increasingly face digital harassment, threats, and criminal charges.”

The office is led by Consuelo Porras, who has been sanctioned by the United States and other countries and accused of being an obstacle to corruption investigations.

Satterthwaite met with Porras and her staff. They told Satterthwaite that they acted within the law, denied using criminal law to pursue opponents and said they were the real victims of attacks by the executive branch and its allies, the U.N. expert said.

“Criminal charges have been directed at more than 60 justice operators and defense or human rights lawyers,” Satterthwaite said, noting that more than 50 “justice operators” have been forced into exile by the prosecutor’s office.

Porras’ office said later that it did not agree with Satterthwaite’s preliminary report, because it did not reflect “the complex work that we do, nor the exhaustive information that was provided.”

“We energetically reject the idea of a ‘criminalization of sectors,'” the office said. “Our actions are based on serious, objective investigations that strictly adhere to the Guatemalan legal framework.”

President Bernardo Arévalo has tried unsuccessfully to convince Porras to step down. His office said it agreed with Satterthwaite’s observations about the “criminalization” carried out by the prosecutor’s office and justice system, something the president repeatedly has called attention to.