{"id":83421,"date":"2023-11-23T00:46:29","date_gmt":"2023-11-23T00:46:29","guid":{"rendered":"https:\/\/www.estaql.com\/whats-behind-efforts-to-strip-guatemalas-president-elect-of-his-immunity-elections-news\/"},"modified":"2023-11-23T00:46:29","modified_gmt":"2023-11-23T00:46:29","slug":"whats-behind-efforts-to-strip-guatemalas-president-elect-of-his-immunity-elections-news","status":"publish","type":"post","link":"https:\/\/estaql.com\/seo\/whats-behind-efforts-to-strip-guatemalas-president-elect-of-his-immunity-elections-news\/","title":{"rendered":"What\u2019s behind efforts to strip Guatemala\u2019s president-elect of his immunity? | Elections News"},"content":{"rendered":"<p><\/p>\n<h2>What\u2019s behind efforts to strip Guatemala\u2019s president-elect of his immunity? | Elections News<\/h2>\n<p>What\u2019s behind efforts to strip Guatemala\u2019s president-elect of his immunity? | Elections News<\/p>\n<div aria-live=\"polite\" aria-atomic=\"true\">\n<p><strong>Guatemala City, Guatemala \u2013<\/strong> Blockades were set up around campus. Banners were unfurled. And key buildings at the University of San Carlos (USAC), Guatemala\u2019s sole public university, came under student occupation.<\/p>\n<p>It was 2022, and the campus was in uproar over the election of a new rector, Walter Mazariegos, to lead the school.<\/p>\n<p>Critics, including the United States State Department, had denounced the process as \u201cfraudulent\u201d. Among those raising their voices in outrage was a member of Guatemala\u2019s Congress, little known outside his country at the time.<\/p>\n<p>But now, the dark-horse progressive Bernardo Arevalo has rocketed into the international spotlight as Guatemala\u2019s president-elect \u2014 and his statements about the protests are at the centre of a new controversy erupting in the country.<\/p>\n<p>On November 17, prosecutors filed a request to strip Arevalo and his running mate Karin Herrera of their political immunity for supporting the student protests on social media.<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/omny.fm\/shows\/the-take\/in-guatemala-will-a-new-presidency-be-ended-before\/embed\" frameborder=\"0\" width=\"100%\" height=\"180\" title=\"In Guatemala, will a new presidency be ended before it begins?\"><\/iframe><\/p>\n<p>Human rights advocates and observers have warned that the request is the latest attempt to derail Arevalo\u2019s presidency, as the political establishment reels from his surprise victory in August\u2019s election.<\/p>\n<p>\u201cIt is really a veiled threat to the transition,\u201d Luis Mack, a Guatemalan independent political analyst and political science professor at USAC, told Al Jazeera.<\/p>\n<p>\u201cThe case has no legal basis. But any excuse can serve to criminalise you and intimidate you.\u201d<\/p>\n<p>Arevalo, an anticorruption candidate, has faced a series of legal actions since emerging as a frontrunner in the June 25 general elections.<\/p>\n<p>As he advanced to the run-off race, prosecutors sought to suspend his political party, the Seed Movement. Police also raided the party\u2019s offices, and his opponents have publicly questioned the vote tally, even filing complaints of fraud.<\/p>\n<p>But the latest move against Arevalo heightens the legal jeopardy he and his political party face, leaving him vulnerable to criminal investigation \u2014 and potentially prosecution.<\/p>\n<figure id=\"attachment_2506831\" aria-describedby=\"caption-attachment-2506831\" style=\"width:770px\" class=\"wp-caption aligncenter\"><figcaption id=\"caption-attachment-2506831\" class=\"wp-caption-text\">Guatemala\u2019s President-elect Bernardo Arevalo, centre, and Vice President-elect Karin Herrera, right, arrive for a press conference in the Plaza of Human Rights in Guatemala City on November 16 [Santiago Billy\/AP Photo]<\/figcaption><\/figure>\n<h2 id=\"a-wide-ranging-investigation\">A wide-ranging investigation<\/h2>\n<p>The request to remove Arevalo\u2019s political immunity comes as part of a larger investigation into the occupation at USAC, which lasted over 380 days. It ended in June.<\/p>\n<p>Cultural Heritage prosecutor Angel Saul Sanchez has accused participants of aggravated usurpation, destruction of cultural property, illicit association and sedition.<\/p>\n<p>But he cast a wide net as well, using legal means to pursue supporters of the protest movement as well as active participants.<\/p>\n<p>Already, the Guatemalan national police have carried out 31 raids as part of the case. Sanchez has also obtained arrest warrants for 27 people, including members of the Seed Movement.<\/p>\n<p>When outlining his case in a press conference on November 16, Sanchez alleged that Arevalo and Herrera were part of the protesters\u2019 political backing, helping to manage the university takeover from the sidelines.<\/p>\n<p>\u201cWe clearly establish that there is a timeline in which the university is a political looting,\u201d Sanchez said, projecting images onscreen of Herrera attending a protest and Arevalo speaking on the video platform, TikTok.<\/p>\n<p>Their actions, Sanchez warned, could lead to charges of illicit association and influence peddling.<\/p>\n<p>But before that happens, Sanchez\u2019s request to revoke Arevalo\u2019s immunity would have to overcome several hurdles, according to political analyst Marielos Chang.<\/p>\n<p>\u201cRight now, the Supreme Court of Justice has to authorise the stripping of his immunity,\u201d Chang said. \u201cAnd after, Congress has to vote.\u201d<\/p>\n<p>If both steps are successful, a court case against Arevalo can move forward, but Gabriela Carrera, a professor at Rafael Landivar University, said a trial could stretch on for years.<\/p>\n<p>In the meantime, stripping Arevalo\u2019s and Herrera\u2019s immunity could still disrupt the transition of power. \u201cThis would be the consolidation of the current coup,\u201d Carrera said.<\/p>\n<figure id=\"attachment_2506828\" aria-describedby=\"caption-attachment-2506828\" style=\"width:770px\" class=\"wp-caption aligncenter\"><figcaption id=\"caption-attachment-2506828\" class=\"wp-caption-text\">Pro-Arevalo graffiti on a Guatemala City street reads, \u2018No to the coup, yes to democracy\u2019, on November 21 [Moises Castillo\/AP Photo]<\/figcaption><\/figure>\n<h2 id=\"free-speech-implications\">Free speech implications<\/h2>\n<p>Critics, however, have denounced the whole investigation into the protests as an attempt to suppress free speech and political dissent in Guatemala. The rector whose election sparked the protests is seen as an ally of the ruling conservative party, Vamos.<\/p>\n<p>\u201cThis, after many years, is the first case of massive criminalisation of protest,\u201d Claudia Samayoa, a Guatemalan human rights activist, told Al Jazeera.<\/p>\n<p>Guatemala began its transition to democracy in 1985. In the years prior, however, dissent had been censored and suppressed under a series of violent dictatorships.<\/p>\n<p>But even after democracy was established, activists, journalists and public figures continued to face intimidation, despite free-speech protections enshrined in the constitution.<\/p>\n<p>For Samayoa, the case against the university protesters is particularly jarring because of its wide scope.<\/p>\n<p>\u201cNot only those who protest are being criminalised, but also those who support the protesters,\u201d Samayoa said. \u201cThis case is completely against freedom of speech.\u201d<\/p>\n<p>Arevalo was indeed a vocal supporter of the university protests, using his online platforms to denounce what he considered evidence of \u201ccorruption and authoritarianism\u201d.<\/p>\n<p>\u201c[President Alejandro] Giammattei has captured USAC. Mazariegos is an illegitimate rector,\u201d Arevalo said in one <a rel=\"nofollow noopener\" target=\"_blank\" href=\"https:\/\/twitter.com\/BArevalodeLeon\/status\/1666239412412329984\">social media post<\/a>. \u201cI am with the students.\u201d<\/p>\n<p>But he has denied committing any criminal actions, calling the latest accusations \u201cspurious and unacceptable\u201d.<\/p>\n<figure id=\"attachment_2506823\" aria-describedby=\"caption-attachment-2506823\" style=\"width:770px\" class=\"wp-caption aligncenter\"><figcaption id=\"caption-attachment-2506823\" class=\"wp-caption-text\">A banner on October 6 denounces Attorney General Maria Consuelo Porras, the head of Guatemala\u2019s Public Ministry, as a \u2018terrorist\u2019 [Josue Decavele\/Reuters]<\/figcaption><\/figure>\n<h2 id=\"the-limits-of-immunity\">The limits of immunity<\/h2>\n<p>However, Attorney General Maria Consuelo Porras \u2014 Sanchez\u2019s boss \u2014 and Giammattei have rejected criticism that the legal actions against Arevalo are politically motivated.<\/p>\n<p>In Guatemala, elected officials and political candidates generally receive immunity from prosecution, in order to stop their rivals from using the legal system against them.<\/p>\n<p>But in recent years, a number of politicians have faced attempts to strip them of immunity.<\/p>\n<p>One of the most high-profile cases was that of former President Otto Perez Molina. During his presidency, in 2015, Guatemala\u2019s congress voted to remove his political immunity after allegations emerged that he helped lead a corruption ring within the government.<\/p>\n<p>Facing a criminal investigation, Perez Molina resigned from office the very next day. He was convicted and sentenced to 16 years in prison in 2022.<\/p>\n<p>Mack, the political analyst, believes the legal immunity Guatemalan politicians receive has contributed to the country\u2019s larger problems with corruption. It allows politicians who face legitimate accusations to avoid investigation.<\/p>\n<p>\u201cThe right to immunity is a reasonable protection in a democratic system,\u201d Mack said. \u201cHowever, in the last few years, it went from being a protection against spurious trials to something that promotes impunity.\u201d<\/p>\n<p>But Mack draws a distinction between legitimate corruption charges and the allegations Arevalo faces.<\/p>\n<p>The recent arrest warrants, raids and public accusations indicate that the Public Ministry \u2014 helmed by Attorney General Porras \u2014 is willing to forge ahead regardless of Guatemala\u2019s immunity law, he explained.<\/p>\n<p>\u201cThe fact that the Public Ministry has advanced with an investigation without having removed [the right to immunity] demonstrates once again with which the Public Ministry is acting on bad faith,\u201d he said.<\/p>\n<figure id=\"attachment_2506874\" aria-describedby=\"caption-attachment-2506874\" style=\"width:770px\" class=\"wp-caption aligncenter\"><figcaption id=\"caption-attachment-2506874\" class=\"wp-caption-text\">Supporters attend Bernardo Arevalo\u2019s press conference at Guatemala City\u2019s Plaza of Human Rights on November 16 [Santiago Billy\/AP Photo]<\/figcaption><\/figure>\n<h2 id=\"an-international-crisis\">An international crisis<\/h2>\n<p>The question of whether the Public Ministry will succeed in lifting Arevalo\u2019s immunity is one that could have massive implications for Guatemala\u2019s democracy \u2014 and stability across Central America.<\/p>\n<p>Critics question whether the legal proceedings will ultimately prevent Arevalo from taking office on January 14.<\/p>\n<p>\u201cThere is a lot of concern,\u201d said Ana Maria Mendez Dardon, the Central America director for the Washington Office on Latin America, a US-based advocacy organisation.<\/p>\n<p>\u201cObviously the democratic deterioration that Guatemala is experiencing affects the population but also the interests of the international community.\u201d<\/p>\n<p>She explained that Guatemala has become a \u201cpriority\u201d for foreign policy, particularly in the US, which is grappling with a crisis at its southern border, driven by migration through Central America.<\/p>\n<p>The US government also collaborates with Guatemala to combat transnational crime organisations linked to drug trafficking and other illegal enterprises.<\/p>\n<p>\u201cTo address organised crime and irregular migration, you need to have a strengthened state, a strong state,\u201d Mendez Dardon said.<\/p>\n<p>Already, members of the US State Department have slammed Guatemala\u2019s Public Ministry, calling its attempt to strip Arevalo of his immunity a \u201c<a rel=\"nofollow noopener\" target=\"_blank\" href=\"https:\/\/twitter.com\/WHAAsstSecty\/status\/1725870706020241569\">malign request<\/a>\u201d.<\/p>\n<p>\u201cThe US rejects continued egregious attempts to undermine democracy in Guatemala. These actions threaten the stability of not only Guatemala but the region as a whole,\u201d Brian Nichols, the assistant secretary for the Western hemisphere, posted on <a rel=\"nofollow noopener\" target=\"_blank\" href=\"https:\/\/twitter.com\/WHAAsstSecty\/status\/1725321226577486090\">social media<\/a>.<\/p>\n<p>According to Mendez Dardon, the US sees its ideals reflected in Arevalo \u2014 and that gives it a strong incentive to back Guatemala\u2019s president-elect.<\/p>\n<p>\u201cI think that the United States identifies Bernardo Arevalo as an anticorruption candidate and more democratic promise, and he will be a perfect interlocutor to move forward.\u201d<\/p>\n<\/div>\n<p><script async src=\"\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p><a target=\"_blank\" rel=\"nofollow noopener\" title=\"\u0627\u0644\u0645\u0635\u062f\u0631\" href=\"https:\/\/www.aljazeera.com\/news\/2023\/11\/23\/whats-behind-efforts-to-strip-guatemalas-president-elect-of-his-immunity?traffic_source=rss\">\u0627\u0644\u0645\u0635\u062f\u0631<\/a><br \/>\n<br \/>\n<a href=\"https:\/\/lenkaed.com\" title=\"\u0623\u062e\u0628\u0627\u0631\" rel=\"dofollow noopener\" target=\"_blank\">\u0623\u062e\u0628\u0627\u0631<\/a><\/p>\n<p><a target=\"_blank\" rel=\"nofollow noopener\" title=\"What\u2019s behind efforts to strip Guatemala\u2019s president-elect of his immunity? | Elections News\" href=\"\/\">What\u2019s behind efforts to strip Guatemala\u2019s president-elect of his immunity? | Elections News<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>What\u2019s behind efforts to strip Guatemala\u2019s president-elect of his immunity? | Elections News What\u2019s behind efforts to strip Guatemala\u2019s president-elect of his immunity? | Elections News Guatemala City, Guatemala \u2013 Blockades were set up around campus. Banners were unfurled. And key buildings at the University of San Carlos (USAC), Guatemala\u2019s sole public university, came under [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7678],"tags":[],"class_list":["post-83421","post","type-post","status-publish","format-standard","hentry","category-estaql"],"_links":{"self":[{"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/posts\/83421","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/comments?post=83421"}],"version-history":[{"count":0,"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/posts\/83421\/revisions"}],"wp:attachment":[{"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/media?parent=83421"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/categories?post=83421"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/estaql.com\/seo\/wp-json\/wp\/v2\/tags?post=83421"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}