Guatemala: UN expert concerned by proceedings against Judge Carlos Giovanni Ruano

GENEVA (14 July 2023) – A UN expert today expressed serious concern about information received regarding proceedings against Judge Carlos Giovanni Ruano, aimed at lifting his immunity, which may amount to retaliation for his official work on a corruption case.

“A fundamental principle of judicial independence is that judges should not be subject to criminal or disciplinary action for carrying out their duties,” said Margaret Satterthwaite, the Special Rapporteur on the independence of judges and lawyers.

Judge Carlos Giovanni Ruano is facing pre-trial proceedings for his role in exposing a magistrate who attempted to put pressure on him in a case involving a relative. “These proceedings concerning Judge Ruano seek to withdraw the protection from undue prosecution that all judges enjoy. This immunity is essential to the judicial function, since it protects judges from undue influence or intimidation,” Satterthwaite said.

The Special Rapporteur expressed grave concern about the pattern of criminal proceedings against judicial officials as a result of their work in cases of corruption or human rights violations in Guatemala. She stressed that this case appears to be the latest in a series of similar cases targeting judges and prosecutors and urged the authorities to take urgent measures to ensure their protection.

“The criminal law is being abused to target justice officials, the very people who protect and guarantee human rights, those who are strengthening the rule of law and making great strides in the fight against impunity in the country,” the expert said.

Satterthwaite urged authorities to take measures to ensure that individual judges, prosecutors, and other judicial officials are not subject to attacks and reprisals for their work.

The Special Rapporteur has been in contact with the Government of Guatemala regarding this issue.