Letter to Hon. Antony Blinken, Secretary of State - Rep. Grijalva and Rep. Torres Lead 15 Members Urging Strong U.S. Engagement and Action to Combat Corruption, Counter Democratic Backsliding, and Promote Human Rights in Guatemala

Letter

Dear Secretary Blinken,

We write to express our grave concern about the decline of human rights, democratic institutions,
and rule of law in Guatemala. We believe the U.S. Government must do more to counter
democratic backsliding and support the brave Guatemalans seeking to uphold the rule of law. We
ask that you take additional steps to demonstrate our shared commitment to combating
corruption and promoting human rights in Guatemala.

We have included below a summary of these disturbing trends and our recommendations for
immediate actions that the U.S. Government can take.

Human Rights Violations and Attacks on Democratic Institutions:
On June 8, the Guatemalan Congress introduced an amnesty law that would prevent justice for
crimes against humanity carried out during the internal armed conflict.
Further, on June 21, a law went into effect that will allow the Guatemalan executive branch to
shut down nongovernmental organizations that "alter the public order." In a July 1 joint
statement, experts of the Inter-American Commission on Human Rights and the United Nations
Office of the High Commissioner on Human Rights said the changes introduced by this law "risk
choking the vital work of civil society" and expressed alarm at provisions that give the
government wide scope to control NGOs. During her visit to Guatemala in June, USAID
Administrator Samantha Power had also highlighted how USAID partners "conveyed that this
law could be used to silence or even cancel non-governmental and civil society organizations."
Unfortunately, the Guatemalan government ignored these concerns and allowed the law to take
effect, despite repeated warnings that these provisions could be used to criminalize human rights
defenders and civil society.

The Human Rights Ombudsman's Office, which plays a critical role in protecting and promoting
human rights, has been denied funds by the Guatemalan government and as a result is in danger
of closing. In addition, the Ombudsman has suffered repeated harassment and threats of removal,
which have continued after he was granted precautionary measures from the Inter-American
Commission on Human Rights.

Judges and witnesses have reported being followed by armed men and by individuals in vehicles
without license plates who photographed and videotaped them. Four High Risk Court judges
with precautionary measures are also being intimidated. Judges are being subjected to countless
baseless legal complaints intended to stymie their work. Many of these complaints are brought
by individuals who have been publicly named as corrupt by the U.S. government.

Mid-year figures provided by the Unit for the Protection of Human Rights Defenders in
Guatemala suggest the number of attacks on human rights defenders in 2021 will be the highest
since the signing of the Peace Accords. The case of indigenous defender Bernardo Caal Xol is
emblematic of the persecution against indigenous and environmental defenders, which UN
experts have characterized as an apparent attempt to silence and intimidate activists. Despite a
2017 Constitutional Court ruling which asserted that the indigenous communities' rights had in
fact been violated, Caal continues to serve a seven-year prison sentence because of his advocacy.
According to Amnesty International, "it's clear there's no evidence of the crimes that he's
accused of."

Efforts to Obstruct Justice and Undermine the Fight Against Corruption:
On July 23, Guatemala's Attorney General Maria Consuelo Porras arbitrarily fired Juan
Francisco Sandoval as the head of the Special Prosecutor's Office Against Impunity (FECI). His
firing came as FECI investigators appeared to be inching closer to exposing corruption in the
current administration of President Alejandro Giammattei. It also came one day after Attorney
General Porras removed Carlos Videz, a lead investigator for FECI, and reassigned him to
another unit in what she deceitfully claimed at the time was a promotion. Videz's replacement
has been investigated for abusing her power. Sandoval's eventual replacement as head of FECI is
currently facing an internal affairs investigation for his alleged mishandling of a corruption case.
Prior to Sandoval's removal, FECI had faced numerous legal challenges aimed at obstructing its
work and invalidating its mandate. After firing Sandoval, the Attorney General, with the support
of President Giammattei, as well as the new head of FECI, have opened investigations into
Sandoval and on September 3 obtained a warrant for Sandoval's arrest.

On September 2, the Constitutional Court also ruled that certain individuals with corruption
charges, including for bribery and illicit enrichment, can have their charges commuted and leave
prison. This self-serving ruling came after a multi-year effort from some of Guatemala's most
notoriously corrupt officials and their allies to capture the Constitutional Court, which they
achieved earlier this year when they refused to seat Gloria Porras and installed their allies
instead. Further, the Public Ministry has repeatedly transferred judicial officials handling high
profile cases. Most recently, on October 11, the Attorney General transferred the prosecutor for
Human Rights who had overseen the Rios Montt, Diario Militar, and Dos Erres cases. Sidelining
these human rights cases would deprive victims of human rights abuses access to justice.

We commend the Department of State's decision to suspend assistance to the Attorney General's
office, sanction María Consuelo Porras, and publicly denounce her actions. There is no longer
any doubt that Attorney General Porras is unable or unwilling to perform her job
impartially. However, we also believe that further steps are necessary to protect democracy and
the rule of law in Guatemala. Towards that end, we urge you to take the following actions:

* Make clear that the U.S. will not resume engagement with the attorney general's
office until a new attorney general has demonstrated a sincere commitment to impartial
justice and the rule of law.
* Immediately ensure protection for Juan Francisco Sandoval's family, staff in the
human rights ombudsman's office, at-risk judges, and for others who are at physical and
legal risk due to their work at FECI or in other prominent legal positions.
* Strongly oppose laws that endanger the work of civil society and the right to justice.
* Ensure the U.S. Embassy in Guatemala continues to engage with individuals and
groups at risk, including indigenous and environmental defenders and those who are
working for justice and are increasingly under threat, including lawyers, judges, and
witnesses in corruption and transitional justice cases.
* Ensure that Biden administration officials highlight U.S. Government concerns about
Guatemala's downward trajectory on human rights and anti-corruption and their
adverse impact on bilateral relationsin any future high-level visits to Guatemala.
* Leverage all our diplomatic tools, including additional visa restrictions, targeted
economic sanctions, steps to ensure accountability in any international lending, and
the withholding of assistance and economic support for those in the public and private
sector who have committed, financed, and abetted corruption and who are
undermining democracy in Guatemala.
* Demonstrate U.S. support for the office of the human rights ombudsman and the UN
Office of Human Rights and our commitment to ensuring that they be allowed to
continue their work without obstruction, intimidation, and interference.

The arrest of Otto Perez Molina in 2015 sent a strong message that no Guatemalan was above the
law. But corrupt officials fought back and, so far, they appear to be succeeding in exacting
revenge against advocates for impartial justice and in channeling state resources toward
promoting corruption, impunity, and repression. This concerted effort threatens Guatemalan
society to an extent not seen in decades. The United States must make clear that our partnership
with Guatemala depends on protecting human rights and democracy and upholding the rule of
law for the people of Guatemala. We appreciate your leadership in this challenging environment
and look forward to continued engagement to advance democracy and rule of law in the region.

Sincerely,

Members of Congress

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