OAS warns Guatemala's attorney general is breaching constitutional rights

Conor Courtney | Law Society of Ireland, IE
SEPTEMBER 30, 2023 02:49:04 PM

On Friday, the Organization of American States (OAS) condemned the actions of Guatemala’s attorney general regarding delays and claims of fraud concerning recent election results within the region. They argue that this effect is unconstitutional and part of a broader “intimidation” tactic to “sow doubts about the electoral process.”

The statement came from the Electoral Observation Mission (EOM) of the OAS, which has reported numerous breaches of constitutional rights in the region and abuses of power. It followed earlier appeals from the OAS in June 2023, where they urged officials to progress the election process.

This follows the election of Bernardo Arévalo as president of Guatemala in August 2023. At the time, his campaign was challenged by Guatemala’s top prosecutor. However, as Reuters reported, “that move boomeranged, propelling Arévalo’s name further into the headlines and prompting an outpouring of support from across the political spectrum.”

In the period following the election, five raids were conducted by the Public Prosecutor’s Office. The OAS claims that these raids were carried out unlawfully and without due cause and included a raid on the Supreme Electoral Tribunal’s headquarters. The OAS also alleged that recently, judicial appeals and petitions have been denied by the Public Prosecutor’s Office amid reports of fraud and abuse of authority. The OAS/EOM warned:

… this permanent siege without grounds or clear motivation by the [Public Prosecutor’s Office] constitutes a political persecution reminiscent of those carried out by authoritarian regimes. An attack of this nature is unprecedented in electoral observations in recent decades and constitutes a shameful example for the hemisphere. The Public Prosecutor’s Office has chosen to ignore the numerous calls from the international community and its behavior violates democratic standards.