Citizens of the National Civic Movement submitted objections against candidates for Magistrates of the Supreme Court of Justice (CSJ) in Guatemala for not meeting the ideal profile to administer the country's justice system.
In the postulation commission process, there is a crucial stage that requires citizen participation. Article 20 of the Postulation Commissions Law states that any person who knows of any impediment concerning the aspirants should inform the commissions. These impediments are commonly known as objections.
Therefore, on February 4, we presented impediments or objections against 5 aspiring Supreme Court magistrates. This is with the objective that those who form part of the final list of Supreme Court magistrates are honest, suitable candidates with impeccable conduct and trayectoria.
The objections presented were against:
Franc Armando Martínez Ruiz
An impediment, commonly known as an objection, was filed because the magistrate has demonstrated a lack of suitability to hold a public office that requires honorability and resolutions in accordance with the law. As Judge of the Unipersonal Criminal Trial Court of Sololá, he prosecuted four residents who had publicly denounced acts of corruption by the San Pedro La Laguna Municipal Council. As Magistrate of the Second Appeals Chamber for Criminal Femicide Cases, he accepted the appeal filed by Sandra Torres to prevent the editors of elPeriódico from publishing articles against her. His judicial decisions have demonstrated a pattern that violates freedom of expression and freedom of the press.
Nery Oswaldo Medina Méndez
An impediment, commonly known as an objection, was presented because the current Supreme Court magistrate is seeking re-election. He was part of the plenary of Supreme Court magistrates who refused to remove the immunity of congressman Felipe Alejos from the TODOS party in 2018. However, a few days later his son, Nery Medina Ricco, was proclaimed a congressional candidate for the TODOS political party, being a state contractor despite the existing prohibition. It raises suspicion that Magistrate Medina's son was appointed to a congressional seat days after his father voted against the removal of immunity for the former secretary-general of the same party.
Josué Felipe Baquiax Baquiax
He is also currently a Supreme Court magistrate. However, an objection or impediment was presented for abuse of public resources. In 2018, he attended an activity in New York with all expenses paid by USAID. Nevertheless, the magistrate earned Q15,000 in per diems from state funds. Meanwhile, magistrates Delia Dávila and Silvia García, who also attended the activity, did not charge per diems to the Supreme Court of Justice as Baquiax did. With this, his person demonstrates an attitude contrary to what is established in the Ethical Conduct Standards of the Judiciary.
Luis Alexis Calderón Maldonado
An impediment, commonly known as an objection, was filed against the aspiring Supreme Court magistrate. He has not demonstrated an unblemished record and his honorability is questioned. Between 2009 and 2010, he accumulated several complaints against him for abuse of power and threats. In one of these complaints, an Official of the Judicial Branch reported being subjected to false accusations, threats, and even misogyny by Luis Alexis Calderón. Therefore, the aspirant does not comply with the ethical merit requirements established in the profile approved by the postulation commission.
María Eugenia Castellanos Cruz
The judge has shown a pattern of delaying processes. There are complaints against her before the Disciplinary Board of the Judicial Branch for delays in processing cases in the courts to which she has belonged. Due to this, the suitability of Judge Castellanos is questioned for the position of magistrate in the Supreme Court of Justice, as it jeopardizes the country's legal system in delivering prompt and timely justice.
Clean Justice
These aspirants lack suitability and their honorability for the position of magistrates is questioned. In a republic, we need clean justice, which is why only the most suitable candidates who meet the ideal profile should be included in the final list that will be submitted to the Congress of the Republic.