On June 3, the Webinar: Access to Justice in Times of COVID-19, was held, in which the challenges and possible solutions faced by the Judicial Branch (OJ) were addressed.

You can watch the full Webinar here:

Due to the emergency caused by the COVID-19 pandemic, we have seen the role the State plays in our society. In the case of Justice, the State's role should be to guarantee broad access to it, even in times of pandemic. However, the reality is that there is uncertainty about how long social distancing measures will continue, and with them, the suspension of work in the Judicial Branch.

This has led to more than 70% of cases being paralyzed, preventing prompt and effective justice. On the other hand, since March 16, the Judicial Branch itself has not made sufficient changes to expedite most of the current and new judicial processes. The consequence is that the judicial backlog will continue to increase.

What can be done to guarantee access to justice for citizens?

The webinar panelists agreed that a possible reactivation of Justice can occur through electronic and virtual processes. At the same time, it was mentioned that the path for this shift to virtual could happen without the need for reform, through the creation of protocols and internal regulations within the Judicial Branch.

Paola Galich – Litigating lawyer/partner at Mayora y Mayora S.C

Ms. Galich emphasized that since work was suspended, the Supreme Court of Justice has not made changes to expedite judicial processes. Litigation has continued for constitutional matters (civil, labor, and criminal).

During the webinar, she focused on two innovations that can be carried out without the need for investment or modification:

1. Promote electronic mailbox subscription:
   The Supreme Court of Justice can enable electronic means that emulate the electronic mailbox option currently in force in the Constitutional Court. The possibility of submitting memoranda and petitions electronically in PDF format for the Judicial Branch to make available to lawyers.
2. Receipt of new lawsuits:
   There is no mailbox for submitting memoranda in the Judicial Branch. The system continues to work in the traditional way of presenting documents. Therefore, her suggestion is to enable an official and institutional court address so that parties can submit documents to that address in new and ongoing processes.

Karin Gómez / Guatemalan Institute of Procedural Law

On the other hand, Ms. Gómez emphasized that access to justice is a basic service and a recognized human right; therefore, with or without a State of Public Calamity, the justice service must be agile when effective judicial protection is at stake.

Ms. Gómez suggested:

1. Contingency plan during the Pandemic or physical/social distancing for the full reopening of the Courts of Justice.
2. Adopt protocols for the reopening of courts that allow the use of secure technological means to ensure accessible, prompt, and effective justice.
3. Adopt protocols for rescheduling suspended hearings using commercial or internal platforms with the corresponding license.
4. Implement digital justice in phases, guaranteeing due process and the right to defense, in matters where it is permitted.
5. Implement resources for online consultation management for users and litigants through the Court Management System (online help).
6. Reaffirm telework, which is already available in Civil and Labor matters through the SGT.
7. Adopt protocols or rules to follow and comply with in in-person and virtual hearings (videoconferences).
8. Implement electronic signatures in lawsuits and other documents.
9. Implement lawsuits and documents as electronic or digital documents. The Court Management System is available.

She emphasized that even if reform is necessary, and while it happens, all these changes could be made through the adoption of Provisions, Agreements, and Regulations, as well as the implementation of Protocols by the Judicial Branch.

Anibal Samayoa / Congressman of the Republic (2020-2024)

Finally, Congressman Samayoa highlighted the importance of reducing the judicial backlog, especially considering that after the COVID-19 situation, there will be a heavy burden on the Judicial Branch.

Congressman Samayoa emphasized 3 initiatives presented to Congress to achieve prompt and effective justice, including:

• Bill to reactivate the justice system.
  This initiative aims to innovate the courts and reduce the judicial backlog by accelerating processes through technology. The general goal is for the different branches of the Judicial Branch to migrate to electronic judicial processes.
• An initiative to promote telework.
• Initiative to guarantee cybersecurity.

The congressman stressed that these three initiatives are the foundations for the automation of the justice system, which would lead to better administration of justice. Samayoa emphasized that it is feasible to achieve digitized justice.

As the National Civic Movement, we will follow up on this important discussion topic, starting by highlighting the need to discuss the automation and digitalization of Justice in Guatemala for the total transformation of the justice system.