Good practices are known as widely accepted techniques and methods that produce positive results. In constitutional election processes, such as that for Attorney General, good practices ensure an orderly process and rigorous evaluation to select the best candidates.

The role of authorities who pursue justice through criminal investigation and prosecution is vital for the functioning of the State. It is also crucial for protecting the individual rights of the population. Therefore, the election of the Attorney General must be carried out through a process oriented toward transparency and public disclosure, objectivity, professional excellence, and efficiency to identify the most suitable candidates.

The Law on Nomination Commissions establishes a starting point for conducting an impartial and independent process. This is done through the principles governing the actions of the nomination commissions in its Article 2. International law has also established certain criteria that are important to ensure an independent election of the Attorney General. These include the standards developed by the United Nations (UN) and the Inter-American Commission on Human Rights (IACHR).

Among the good practices for the Attorney General election process are transparency and public disclosure, objectivity, professional excellence, and equality.

Good practices and a proposal developed by the Movement to assist the work of the nomination commission:

As the National Civic Movement, we presented our proposal of good practices to the Nomination Commission during its first working session.

We urge the commissioners who are to prepare the list of candidates for Attorney General to:

• Be aware of and address their responsibilities as stipulated by law.
• Conduct their sessions and votes publicly for the sake of transparency.
• Develop a public timeline that takes into account the deadlines that must be met. These include the two-month advance notice for forming the commission, the 45 days to fulfill their duties of preparing the list of six candidates, and the 15 days in which they must send the list to the Executive Branch. All of this is so that the Attorney General can take office on May 17, 2022, on time and in due form.
• Verify that applicants meet the requirements for the position. Specifically, what is established in Article 251 and what is mentioned in Articles 207 and 216 of the Political Constitution of the Republic of Guatemala. As well as presenting the documents that support their applications.
• Develop an ideal profile that applicants must meet. Not just the minimum requirements stipulated by law, but everything that is professionally expected of an ideal Attorney General.
• Design instruments that allow for an objective evaluation of the applications received, such as a grading rubric, interviews, and/or psychometric tests.
• Publish documents, session minutes, lists, and applicant files for easy public access.
• Clearly establish the requirements for filing objections against eligible applicants. This is so that citizens can file duly substantiated objections that contain support for the claims made against the applicants.

Proposed Timeline

Also, that the timeline they develop takes into account the deadlines that must be met, so we suggest:

The Attorney General Election 2022-2026 process is of utmost importance for the future of justice and the rule of law in the country. Therefore, it is necessary for the process to comply with certain guidelines and good practices so that the nomination commission selects suitable candidates.