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Asia and the Pacific
Western Asia

Guatemala - December 2023

Constitutional Court calls on Congress to ensure political transition

After prosecutorial and congressional actions that have targeted President-elect Bernardo Arevalo, his Movimiento Semilla Party, and members of the Supreme Electoral Tribunal (TSE), the Constitutional Court issued a notable ruling in which it called on Congress to ensure the peaceful transition of political power, due to take place on 14 January. The Court made a similar call to outgoing President Giammattei. The Court’s decision came in response to an appeal from lawyers, who asked the Court to provide assurances for a democratic transition, given the risk to democracy that such targeted actions entail. The decision is notable given the pressure that the Attorney General’s (AG) office has exerted against Arevalo assuming office. Previously, at the request of the AG’s office, Congress had lifted the immunity of four members of the TSE, causing concern that they would be arrested. Further, a prosecutor from the AG’s office called for the annulment of the elections for supposed irregularities.

Sources: El Pais (1), El Pais (2), Organization of American States, US Department of State, Cable News Network  

Primary categories and factors
Rule of Law +1 Rule of Law  (+1)
Judicial Independence
Secondary categories and factors
Representation Representation
Credible Elections
Rule of Law +1 Rule of Law
Predictable Enforcement

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