Letter to the EU High Representative on the situation in Guatemala

Ms. Kaja Kallas
High Representative of the European Union for Foreign Affairs and Security Policy and Vice President of the European Commission
Rue de la Loi/Wetstraat 200
1049 Brussels, Belgium

Dear High-Representative/Vice-President Kallas,

We are writing on behalf of Human Rights Watch to express our deep concern over the situation in Guatemala.

We welcome the sustained efforts by the European External Action Service (EEAS) to help protect democracy in Guatemala, including its recent statement.[1] As Attorney General Consuelo Porras ramps up politically motivated prosecutions, we urge the European Union to expand its existing sanctions under the Guatemalan restrictive measures framework to include other responsible officials and take other actions to protect democracy and the rule of law.

We appreciated the European Union’s public statement in response to the detention on April 23 by Guatemalan police of Luis Pacheco and Héctor Chaclán in Guatemala City, after prosecutors accused them of serious crimes—including terrorism—in connection with their participation in peaceful protests during Guatemala’s 2023 general elections.[2] Pacheco and Chaclán, who were then serving as the president and treasurer of a coalition of Indigenous organizations in Totonicapán, known as the 48 cantons of Totonicapán, participated in protests in response to efforts by Attorney General Consuelo Porras and others to unlawfully overturn the election results. Pacheco now serves as deputy minister of sustainable development.

During a news conference on April 23, prosecutors in the Organized Crime Unit said the charges against Pacheco and Chaclán stem from unspecified criminal complaints related to street blockades during the 2023 protests.[3] They also said that protesters committed unlawful association, sedition and terrorism, among other charges. The prosecutors claimed, without providing evidence, that protesters intended to take over the headquarters of the Attorney General’s Office. They also issued arrest warrants against six other members of the 48 Cantons.

Although none of the acts prosecutors attribute to Pacheco and Chaclán appear to constitute terrorism under any reasonable definition, on April 25, Judge Carol Patricia Flores ordered that Luis Pacheco and Héctor Chaclán be held in pretrial detention.[4]

As you know, the charges against Pacheco and Chaclán are part of a broader effort led by Attorney General Porras to bring politically motivated charges against officials in the current administration of President Bernardo Arévalo and people who supported the transition of power following the 2023 elections.[5]

The Attorney General’s Office has initiated at least 17 investigations against high-level government officials, and asked the Supreme Court at least eleven times to strip President Arévalo of his immunity, so that he can be criminally investigated. We are following with great concern reports of efforts in the Supreme Court and Congress to strip President Arévalo of his immunity and investigate him on the basis of these cases that Human Rights Watch has found to be politically motivated and based on dubious evidence.[6]

We are also concerned that the Attorney General’s Office continues to bring spurious criminal charges against independent journalists, prosecutors, and judges. These include José Rubén Zamora, the founder and editor of the news outlet elPeriódico, and Stuardo Campo, an anti-corruption prosecutor, both of whom remain behind bars.[7]

We urge the EU and its member states to expand restrictive measures, including asset freezes and travel bans, under its framework in support of democracy in Guatemala. In particular, we urge that consideration be given to including additional sanctions against senior officials who bear responsibility for undermining democracy and the rule of law in Guatemala:

Felipe Alejos Lorenzana, a member of Congress, who is leading an effort to replace the current leadership of Congress in ways that would facilitate congressional investigations against President Arévalo on the basis of spurious cases brought by the Attorney General’s Office.[8] Prosecutors have investigated Alejos for allegedly facilitating bribes and other payments to members of Congress in exchange for securing lawmaker’s support to appoint judges who would ensure impunity in corruption investigations.[9] The United States and the United Kingdom have sanctioned Alejos for these alleged corrupt acts that undermine judicial independence.[10]
Alvaro Arzú Escobar, a member of Congress, who has supported spurious criminal proceedings aimed at overturning the 2023 electoral results. Among others decisions, in December 2023 he voted to lift the immunity of authorities of the Supreme Electoral Tribunal so that they could be investigated on the basis of politically motivated criminal prosecutions designed to undermine the credibility of the 2023 elections.[11] The United States sanctioned him, along with several other members of Congress, for undermining democracy and the rule of law in the country.[12] In 2025, the United States re-instated his visa. Arzú leading an effort to replace the current leadership of Congress in ways that would facilitate congressional investigations against President Arévalo on the basis of spurious cases brought by the Attorney General’s Office.[13]
Dimas Jiménez y Jiménez, a regional prosecutor, who plays a leading role in the Attorney General’s Office under Consuelo Porras. In January 2025, Attorney General Porras designated him as her successor in case of temporary absence.[14] Jiménez y Jiménez has publicly endorsed spurious criminal prosecutions, including a November 2023 case against then-President elect Arévalo and then-vicepresident elect Karin Herrera for supporting peaceful protests at San Carlos University.[15]
Luis Mauricio Corado Campos, a Supreme Court judge, who prosecutors have investigated for his alleged role in a 2019 influence-peddling scheme for appointments to the Supreme Court and appellate courts.[16] Corado Campos reportedly led efforts to replace judge Erick García, who ruled to release José Rubén Zamora from pre-trial detention.[17]
Carol Patricia Flores Polanco, a criminal court judge, who has greenlighted abusive criminal prosecutions. She sent Pacheco and Chaclán to pretrial detention.[18] Flores previously ordered the arrest of prominent former justice officials, including ex-Attorney General Thelma Aldana and officials of the UN-backed International Commission Against Impunity in Guatemala (CICIG), in what appeared to be spurious criminal cases.[19] In 2015, CICIG and the Special Prosecutor’s Office Against Impunity asked courts to lift Flores’ immunity, so that she could be investigated for illicit enrichment and money laundering.[20]
Víctor Manuel Cruz Rivera, a criminal court judge, who has repeatedly greenlighted spurious criminal prosecutions led by the Attorney General’s Office. Among others, he sent former anti-corruption prosecutor Stuardo Campo to pretrial detention.[21] He also greenlighted an investigation against students who took part in a peaceful demonstration at San Carlos University.[22] In 2022, the US State Department included Cruz Rivera on its list of Corrupt and Undemocratic Actors for “obstruct[ing] investigations into acts of corruption by improperly delaying court proceedings.”[23]
Jimi Rodolfo Bremer Ramírez, a criminal court judge, who has undermined democratic institutions by initiating abusive criminal proceedings against journalists and former CICIG officials. He ordered the arrest of Claudia González, a former CICIG official, on spurious charges of “abuse of authority.”[24] He also presided over criminal proceedings against journalist José Rubén Zamora and other elPeriódico journalists who prosecutors accused of “obstruction of justice” for writing opinion pieces about Zamora’s arrest.[25] In 2023, the US State Department included Cruz Rivera on its list of Corrupt and Undemocratic Actors for “authorizing politically motivated criminal charges against journalists for exercising their freedom of expression.”[26]

In addition to expanding the sanctions list, we urge the EU and its member states to:

Ensure a sustained monitoring of the human rights situation in Guatemala, giving particular attention to arbitrary prosecutions by the Attorney General’s Office and the preparations for the crucial processes that will take place in 2026 to appoint new Attorney General, members of the Constitutional Court and Supreme Electorral Tribunal and a Comptroller General;
Examine the responsibility of other actors—such as magistrates, members of Congress, and business leaders—who may also be complicit in rights violations;
Consider increasing financial and institutional support for independent media and civil society organizations working to defend human rights, press freedom, and democratic institutions;
Remind Guatemalan authorities and business sector people that “respect for democratic principles and fundamental human rights” is an “essential element” of the EU-Central America Association Agreement;
Monitor the judicial process against Pacheco and Chaclán as well as other politically motivated charges against officials under President Bernardo Arévalo and independent journalists, prosecutors, and judges, and request access to hearings;
Work jointly with governments in Latin America to condemn the Attorney General’s Office’s decisions that violate human rights in Guatemala.

We thank you for your attention and remain available should you have any questions.

Philippe Dam
Director, EU Advocacy
Human Rights Watch

Juanita Goebertus
Director, Americas Division
Human Rights Watch

[1] Friederike Mager, “The EU Deserves Credit for Helping to Protect Democracy in Guatemala,” commentary, Human Rights Watch, January 17, 2024, https://www.hrw.org/news/2024/01/17/eu-deserves-credit-helping-protect-democracy-guatemala; “Guatemala: Statement by the Spokesperson on detention of former indigenous leaders, including Vice-Minister Luis Pacheco,” European External Action Service (EEAS) press release, April 25, 2025, https://www.eeas.europa.eu/eeas/guatemala-statement-spokesperson-detention-former-indigenous-leaders-including-vice-minister-luis_en (accessed April 25, 2025).

[2] Alexander Valdéz, “MP accuses two authorities from 48 Cantons of ‘terrorism’ for 2023 demonstrations and arrests them” (“MP acusa de ‘terrorismo’ a dos autoridades de 48 Cantones por manifestaciones de 2023 y los detienen”), Prensa Comunitaria, April 23, 2025, https://prensacomunitaria.org/2025/04/mp-acusa-de-terrorismo-a-dos-autoridades-indigenas-por-manifestaciones-de-2023-y-los-detiene/ (accessed April 23, 2025).

[3] Guatemala’s Attorney General’s Office, “Press Conference ‘Organized Crime Unit’” (“Conferencia de Prensa ‘Fiscalía Contra el Crimen Organizado’”), video clip, YouTube, April 23, 2025, https://www.youtube.com/live/FUeMgSz0UDg (accessed April 24, 2025).

[4] Alexander Valdéz, “Judge criminally prosecutes and sends to prison Pacheco and Chaclán, two former members of the 48 Cantons” (“Jueza procesa penalmente y envía a prisión a Pacheco y Chaclán dos exintegrantes de los 48 Cantones”), Prensa Comunitaria, April 25, 2025, https://prensacomunitaria.org/2025/04/jueza-procesa-penalmente-y-envia-a-prision-a-pacheco-y-chaclan-dos-exintegrantes-de-los-48-cantones/ (accessed April 25, 2025).

[5] Human Rights Watch, World Report 2025 (New York: Human Rights Watch, 2025), Guatemala chapter, https://www.hrw.org/world-report/2023/country-chapters/guatemala.

[6] “Guatemala: Attorney General Pursues Political Prosecutions,” Human Rights Watch news release, December 18, 2024, https://www.hrw.org/news/2024/12/18/guatemala-attorney-general-pursues-political-prosecutions.

[7] Manuel Escobar, “Zamora returns to prison and a judge denounces threats against him” (“Zamora vuelve a prisión y un juez denuncia amenazas en su contra”), No Ficción, March 10, 2025, https://no-ficcion.com/zamora-vuelve-a-prision-y-un-juez-denuncia-amenazas-en-su-contra/ (accessed April 30, 2025); Alexander Valdéz, “The trial against anti-corruption prosecutor Stuardo Campo begins” (“Se inicia el juicio contra el fiscal anticorrupción Stuardo Campo”), Prensa Comunitaria, February 5, 2025, https://prensacomunitaria.org/2025/02/se-inicia-el-juicio-contra-el-fiscal-anticorrupcion-stuardo-campo/ (accessed April 30, 2025). See also, Inter-American Commission on Human Rights, “Preliminary Observations: On-site visit to Guatemala 2024,” August 15, 2024, https://www.oas.org/en/iachr/reports/pdfs/2024/preliminary_observations_guatemala.pdf (accessed April 30, 2025); UN Human Rights Council, “Opinion No. 7/2024, concerning José Rubén Zamora Marroquín (Guatemala),” UN Doc. A/HRC/WGAD/2024/7, May 17, 2024, https://docs.un.org/en/A/HRC/WGAD/2024/7 (accessed April 30, 2025).

[8] Óscar Jimenez, “[They] fear ungovernability if Congress falls under opposition control” (“Temen ingobernabilidad si Congreso queda en control de la oposición”), Diario de Centroamérica, May 6, 2025,

https://dca.gob.gt/noticias-guatemala-diario-centro-america/temen-ingobernabilidad-si-congreso-queda-en-control-de-la-oposicion/ (accessed May 7, 2025).

[9]Guatemalan Public Ministry, “Influence Peddling Case: The Attorney General’s Office takes action before the Constitutional Court against a Supreme Court of Justice ruling” (“Caso Traficantes de Influencias: MP acciona en Corte de Constitucionalidad contra resolución de Corte Suprema de Justicia”), December 21, 2018, https://www.mp.gob.gt/noticia/caso-traficantes-de-influencias-mp-acciona-en-corte-de-constitucionalidad-contra-resolucion-de-corte-suprema-de-justicia/ (accessed May 7, 2025); “Treasury Sanctions Current and Former Guatemalan Officials for Engaging in Corrupt Activities,” US Department of the Treasury news release, April 26, 2021, https://home.treasury.gov/news/press-releases/jy0147 (accessed May 7, 2025).

[10]“The United States Sanctions Guatemalan Officials for Corruption,” US Department of State statement, April 26, 2021, https://gt.usembassy.gov/the-united-states-sanctions-guatemalan-officials-for-corruption/ (accessed May 7, 2025); “UK sanctions Guatemalan Congressman under new global anti-corruption regime,” British Embassy Guatemala City news release, April 26, 2021, https://www.gov.uk/government/news/uk-sanctions-guatemalan-congressman-under-new-global-anti-corruption-regime (accessed May 7, 2025).

[11] “The son of former Guatemalan President Álvaro Arzú confirms that his U.S. visa has been revoked” (“El hijo del expresidente guatemalteco Álvaro Arzú confirma la retirada de su visa de EEUU”), Swissinfo, December 13, 2023, https://www.swissinfo.ch/spa/el-hijo-del-expresidente-guatemalteco-%C3%A1lvaro-arz%C3%BA-confirma-la-retirada-de-su-visa-de-eeuu/49058052 (accessed May 7, 2025).

[12] Gisela Salomón, “U.S. restricts visas for Guatemalan lawmakers over ‘undermining democracy’” (“EEUU restringe visas a congresistas guatemaltecos por ‘socavar la democracia’”), Los Angeles Times, December 11, 2023, https://www.latimes.com/espanol/internacional/articulo/2023-12-11/eeuu-restringe-visas-a-congresistas-guatemaltecos-por-socavar-la-democracia (accessed May 7, 2025).

[13] Óscar Jimenez, “[They] fear ungovernability if Congress falls under opposition control” (“Temen ingobernabilidad si Congreso queda en control de la oposición”), Diario de Centroamérica, May 6, 2025,

https://dca.gob.gt/noticias-guatemala-diario-centro-america/temen-ingobernabilidad-si-congreso-queda-en-control-de-la-oposicion/ (accessed May 7, 2025).

[14] Alexander Valdéz, “Consuelo Porras chooses Dimas Jiménez to replace her in case of absence” (“Consuelo Porras elige a Dimas Jiménez para sustituirla en caso de ausencia”), Prensa Comunitaria, January 15, 2025, https://prensacomunitaria.org/2025/01/consuelo-porras-elige-a-dimas-jimenez-para-sustituirla-en-caso-de-ausencia/ (accessed May 7, 2025); Diego España, “Incidence of Prosecutor Dimas Jiménez confirmed: he would temporarily replace Porras” (“Se confirma incidencia de fiscal Dimas Jiménez: sustituiría a Porras temporalmente”), La Hora, January 15, 2025, https://lahora.gt/nacionales/diego/2025/01/15/se-confirma-incidencia-de-fiscal-dimas-jimenez-sustituiria-a-porras-temporalmente/ (accessed May 7, 2025).

[15] MP de Guatemala (@MPguatemala), post to X, November 16, 2023, https://x.com/MPguatemala/status/1725211347233767536 (accessed May 7, 2025).

[16] MP de Guatemala (@MPguatemala), post to X, July 16, 2020, https://x.com/MPguatemala/status/1283788865560600587 (accessed May 7, 2025).

[17] Diego España and Sergio Osegueda, “CSJ transfers judge who ruled in favor of Melisa Palacios’s alleged killer and will oversee Zamora case” (“CSJ traslada a juez que benefició a presunta homicida de Melisa Palacios y conocerá caso Zamora”), La Hora, April 4, 2025, https://lahora.gt/nacionales/diego/2025/04/04/csj-traslada-a-juez-que-beneficio-a-presunta-homicida-de-melisa-palacios-y-conocera-caso-zamora/ (accessed May 7, 2025); “CSJ transfers judge Erick García and removes him from José Rubén Zamora case” (“CSJ traslada al juez Erick García y lo aparta del caso de Jose Rubén Zamora”), Prensa Comunitaria, April 4, 2025, https://prensacomunitaria.org/2025/04/csj-traslada-al-juez-erick-garcia-y-lo-aparta-del-caso-de-jose-ruben-zamora/ (accessed May 7, 2025).

[18] Alexander Valdéz, “Judge criminally prosecutes and sends to prison Pacheco and Chaclán, two former members of the 48 Cantons” (“Jueza procesa penalmente y envía a prisión a Pacheco y Chaclán dos exintegrantes de los 48 Cantones”), Prensa Comunitaria, April 25, 2025, https://prensacomunitaria.org/2025/04/jueza-procesa-penalmente-y-envia-a-prision-a-pacheco-y-chaclan-dos-exintegrantes-de-los-48-cantones/ (accessed April 25, 2025).

[19] Engelberth Blanco, “Who is the judge who issued the arrests in the Odebrecht case?” (¿Quién es la jueza que emitió las capturas en el caso Odebrecht?”), January 17, 2023, La Hora, https://lahora.gt/nacionales/engelberth-blanco/2023/01/17/quien-es-la-jueza-que-emitio-las-capturas-en-el-caso-odebrecht/ (accessed April 30, 2025).

[20] International Commission Against Impunity in Guatemala (CICIG), “Preliminary Hearing Against Judge Carol Patricia Flores Polanco” (“Antejuicio contra jueza Carol Patricia Flores Polanco”), April 30, 2015, https://www.cicig.org/casos/4272/ (accessed April 30, 2025).

[21] Dulce Rivera, “Former prosecutor Stuardo Campo captured for the second time” (“Capturan por segunda vez a exfiscal Stuardo Campo”), Soy502, December 1, 2023, https://www.soy502.com/articulo/capturan-segunda-vez-exfiscal-stuardo-campo-101567-0 (accessed April 30, 2025).

[22] Jovanna García, “Who Are the 6 Detained for the USAC Takeover and Facing Prosecution?” (“¿Quiénes son los 6 detenidos por la Toma de la USAC ligados a proceso?”), No Ficción, November 26, 2023, https://no-ficcion.com/quienes-son-los-6-detenidos-por-la-toma-de-la-usac-ligados-a-proceso/ (accessed April 30, 2025).

[23] US State Department, “Section 353 Corrupt and Undemocratic Actors Report,” 2022, https://www.state.gov/reports/section-353-corrupt-and-undemocratic-actors-report-2022/ (accessed April 30, 2025)

[24] Alexander Valdéz, “Judge Jimi Bremer sends lawyer Claudia González to trial for a crime” (“Juez Jimi Bremer envía a juicio a la abogada Claudia González por un delito”), Prensa Comunitaria, March 18, 2024, https://prensacomunitaria.org/2024/03/juez-jimi-bremer-envia-a-juicio-a-la-abogada-claudia-gonzalez-por-un-delito/ (accessed April 30, 2025).

[25] César Pérez Marroquín and Edwin Pitán, “Judge orders investigation of journalists and columnists of elPeriódico and media outlets at the request of the Public Prosecutor’s Office” (“Juez ordena investigar a periodistas y columnistas de elPeriódico y medios de comunicación a petición del MP”), Prensa Libre, February 28, 2023, https://www.prensalibre.com/guatemala/justicia/juez-ordena-investigar-a-periodistas-y-columnistas-de-elperiodico-y-medios-de-comunicacion-a-peticion-del-mp-breaking/ (accessed April 30, 2025).

[26] US State Department, “Section 353 Corrupt and Undemocratic Actors Report,” 2023, https://www.state.gov/reports/section-353-corrupt-and-undemocratic-actors-report-2023/ (accessed April 30, 2025).