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Above the Law: The Public Prosecutor’s Office in Guatemala
This report, produced by the Vance Center and the Rule of Law Impact Lab at Stanford Law School, documents serious misconduct and abuse of power by Guatemala’s Public Prosecutor’s Office under its current leadership. The analysis highlights the lack of an independent and impartial mechanism for holding the Attorney General accountable for misconduct and offers recommendations to the State of Guatemala for reform in this area.
The report for the first time compiles and analyzes scores of official statements and actions taken by several multilateral bodies and national governments against the Public Prosecutor’s Office. This includes allegations that the office obstructed corruption investigations, used criminal law as a tool to persecute justice operators, journalists, and human rights defenders, and attempted to subvert democracy.
These observations raise serious concerns about the possible violation of Guatemala’s international obligations under the American Convention on Human Rights, the International Covenant on Civil and Political Rights, the Inter-American Convention against Corruption, and the United Nations Convention against Corruption.
However, Guatemalan law does not provide an independent and impartial mechanism for holding the Attorney General accountable, which is required under international law. The hierarchical structure of the Public Prosecutor’s Office makes it practically impossible to hold the Attorney General accountable for misconduct.
To remedy this situation, the report calls on the State of Guatemala to take the following actions:
- Ensure that the Public Prosecutor’s Office and its prosecutors act with impartiality, objectivity, and professionalism.
- Implement fair and transparent disciplinary procedures to hold prosecutors accountable for misconduct.
- Guarantee the independence of investigations, especially into figures such as the Attorney General.
- Reform Guatemala’s laws and regulations so that the hierarchical structure of the Public Prosecutor’s Office is not an obstacle for high-level officials in that office to be held accountable for misconduct.
Download the full report here
The report is also available in Spanish.