Dear Friend,

The last week has been eventful in Guatemala, as the Attorney General’s Office, in alliance with other sectors, continues its efforts to overturn the election results and prevent Bernardo Arévalo from assuming the presidency. Even as Under Secretary of State Jose W. Fernandez visited the country and lauded an accord between Indigenous leaders and the private sector to support a peaceful transition to democracy, the Guatemalan government ramped up its efforts to prevent Arévalo’s presidency.

We are conducting meetings in Washington this week with Ixil authority and mayor of Nebaj Feliciana Herrera, informing the US Congress and State Department of the dangers Indigenous leaders face for their pivotal role they are playing to try and prevent a coup. Next week we will be hosting Judge Miguel Angel Gálvez for a series of meetings and to receive the Alice Zachmann Award. If you are in the area, please attend to support Judge Gálvez, who is now in exile.

Congress May Elect New TSE Judges
On December 1, the Guatemalan Congress voted to remove the immunity of four judges of the Supreme Electoral Tribunal (TSE) who have been accused of overvaluing the electronic voting system, known as the TREP. The four judges asked for a 20-day vacation--reportedly at the suggestion of the president of the TSE, who is the only one whose immunity is not threatened--and the four have left the country. Meanwhile, the Guatemalan Congress plans to name two alternate judges to the TSE, which would give it a quorum and make action possible as the other judges are out of the country. An injunction filed in the Constitutional Court seeks to remove the four judges from their posts, with the argument that in leaving the country, they abandoned their labors. If they are removed from their positions, four new judges will be elected. On December 5, TSE judge Irma Palencia in a communique expressed fears that the motive behind the persecution of the judges is to change the results of the election by incorporating new judges into the TSE who would not stand by the decision that Bernardo Arevalo won the election.

On December 7, massive protests, led by Arévalo and Vice President-elect Karin Herrera, took place in Guatemala City in support of democracy.

The international community has responded strongly to the removal of the TSE judges’ immunity and the escalating threat to democracy.

Magnitsky Sanctions Imposed on Giammattei’s Close Advisor 
On December 1, the US Treasury Department sanctioned Luis Miguel Martinez Morales for his role in corruption in Guatemala. The Treasury’s Office of Foreign Assets Control said he was engaged in widespread bribery schemes, including schemes related to government contracts.After the eighth emergency meeting of the Permanent Council of the Organization of American States, on December 4, where the removal of the immunity of the TSE judges was decried and member states expressed serious concern about the threat to democracy in Guatemala, the OAS on December 8 adopted a resolution on Guatemala. Martinez is the former head of the now defunct Center of Government and is considered one of the powerful unelected officials in the government. In Guatemala, it is an open secret that Martinez and Giammattei are romantically involved.

Indigenous Authorities Appeal Budget Before Constitutional Court
On December 5, Indigenous authorities filed an appeal in the Constitutional Court against the budget approved by the Guatemalan Congress on December 1. The budget assigns more funding to the Public Ministry and removes funding from education, health, and social development. The Guatemala-America Chamber of Commerce also has declared that the budget should be vetoed, not because of the defunding of basic necessities but to protect transparency and because it limits the actions of the incoming administration and puts at risk compliance with Guatemala’s financial obligations.

Human Rights Watch Asks EU for Sanctions
Human Rights Watch, meanwhile, sent a detailed letter to the Members of the Council of the European Union, asking the EU to impose sanctions on Attorney General Consuelo Porras, Head of the Special Prosecutor’s Office Against Impunity Rafael Curruchiche, Judge Fredy Orellana, and Prosecutor Cinthia Monterroso. Human Rights Watch also asked the EU to consider imposing sanctions on other people who may bear responsibility for serious human rights violations in Guatemala, including by examining the responsibility of magistrates, members of Congress, and businesspeople.

Bicameral Congressional Delegation Visits Guatemala
Five US Senators, led by Senator Tim Kaine and including Senators Durbin, Butler, Merkley, and Welch, and two member of the House of Representatives, Delia Ramirez and Norma Torres, are traveling to Guatemala this week to address democracy, stability, migration, economic growth, and security.