Guatemala: Expert calls on Nominating Commissions to ensure transparent and merit-based procedure to appoint apex courts

GENEVA (9 July 2024) – An independent expert today welcomed the swearing-in ceremony of the Nominating Commissions for judicial appointments in Guatemala.

“All actors who are to sit on these Commissions must, according to the law, act responsibly, and be motivated by the national interest,” said Margaret Satterthwaite, the Special Rapporteur on Independence of Judges and Lawyers. “In this way, the decisions of the Commissions will represent the broader interests of society.”

Magistrates currently serving on the Guatemalan Supreme Court and Court of Appeal will end their terms in October 2024. Congress should therefore elect new judges based on lists chosen by the Nominating Commissions.

“I call on the Nominating Commissions to make public the indicators for each of the criteria for determining the suitability of candidates: capacity, speciality, suitability, honesty and proven good repute. There must be a clear evaluation scheme with the score to be assigned to each criterion plainly specified and shared from the start of this process,” she said.

The evaluation scheme and chronogram to follow should also detail the methods of evaluation, the criteria for possible exclusions of applicants and criteria for the acceptance or exclusion of objections to candidates. For officials already holding judicial office, the criteria of capacity and specialty should include an independent assessment of current performance of duties.

“Concerning the criteria of honesty and honourability, I recall that the lack of a criminal judgement is insufficient on its own,” Satterthwaite said. “Candidates should be required to submit a sworn and public declaration of assets, employment contracts, and a sworn and public declaration of personal and commercial conflicts of interest. All of these elements should be considered when assessing honesty and honourability.”

“Civil society must be able to participate fully and meaningfully in considering the candidates and monitoring the process, and I encourage the Commissions to consider and respond substantively to civil society’s objections,” the expert said. “At the same time, I stress the crucial importance of not repeating the past, when judges were not appointed for almost a full term. The Guatemalan people deserve courts made up of judges of the highest calibre, appointed in a timely manner.”

The Special Rapporteur has been in contact with the Government of Guatemala regarding these recommendations.