New York Bar Association-linked group proposes unit in Guatemala's Public Ministry to review 'criminalization' cases

A proposal from the Cyrus R. Vance Center for International Justice, affiliated with the New York Bar Association, suggests establishing a Specialized Unit for Review and Decriminalization within Guatemala's Public Ministry. This unit would examine cases of alleged political persecution and criminalization that occurred between 2018 and 2026.

The initiative, developed in conjunction with Dilemas de Fondo, aims to review legal proceedings initiated against justice operators, journalists, human rights defenders, and other social and political actors. The proposal highlights concerns about the potential misuse of the criminal justice system, citing patterns documented by the Inter-American Commission on Human Rights and other international organizations. These patterns include multiple accusations against single individuals, abusive use of pretrial detention, and processes for offenses like sedition or terrorism.

The proposed unit would have the authority to review cases proactively or upon request, facilitate dismissals, acquittals, or the termination of criminal proceedings. It would prioritize cases involving incarcerated individuals, those in exile, or those with active arrest warrants. The plan also includes creating a public registry of reviewed cases and establishing coordination mechanisms with civil society and international bodies. The goal, according to the Vance Center, is not to create impunity but to rectify processes deemed illegitimate, while acknowledging that cases with legal merit would continue.

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The proposal argues that the Attorney General has the legal powers to create this unit through an internal agreement of the Public Ministry and maintains that the objective is not to generate impunity, but to correct processes considered illegitimate, although it clarifies that cases with legal support could continue.