Guatemala City, by Brenda Larios -AGN-. The Solicitor General of the Nation -PGN-, Julio Saavedra, along with the Secretary General of the Presidency, Juan Gerardo Guerrero, presented a request to revoke immunity (antejuicio) against the attorney general and head of the Attorney General’s Office.
This legal proceeding was filed at the Criminal Department of the Courthouse Office. According to Solicitor General Saavedra, “Following the instructions of the president, the Solicitor General’s Office filed a criminal complaint and request to revoke immunity (antejuicio) against the attorney general.
Saavedra explained that the criminal complaint was filed for breach of duties, according to Article 419 of the Criminal Code, due to the attorney general’s refusal to participate in the meeting of the Government Cabinet to which she was invited on January 29.
#EnDirecto | Autoridades solicitan retiro de antejuicio a la Fiscal General del Ministerio Público, Consuelo Porras. https://t.co/dhcXoLvPDb
— Gobierno Guatemala (@GuatemalaGob) February 29, 2024
The invitation
The solicitor general detailed that this legal action is based on January 29, when President Bernardo Arévalo invited the attorney general to participate in the Government Cabinet and take part in the State’s deliberation to improve the actions of the Government and the Attorney General’s Office.
According to Solicitor General Saavedra, the intention was to coordinate state policies and actions on issues fundamental to the State’s efforts to fight impunity and corruption and guarantee respect for human rights. However, that day, the head of the Attorney General’s Office left the meeting without participating. He stated that this action is to defend the rule of law in the country.
He emphasized that the attorney general must participate in the summons of the president to coordinate public policies to which she was invited.
Legal basis
Since the attorney general did not participate in the Cabinet meeting, PGN indicated that she did not comply with the provisions of Article 4 of the Organic Law of the Attorney General’s Office, which states:
“Article 4. Coordination (partial unconstitutionality): The President of the Republic may issue general instructions to the Head of the Attorney General’s Office to guide its functions.”
The instructions shall be public, given in writing, and duly reasoned. If the attorney general accepts it, he/she shall issue the pertinent instructions; if he/she rejects it, he/she shall publicly communicate his/her decision to the president, explaining the grounds for his/her rejection.
The president may appeal to the Legislative Branch to resolve within the following fifteen days, by legislative decree, the acceptability of the appeal, in which case the resolution shall be binding on the Attorney General’s Office.
El Procurador General de la Nación, Julio Saavedra, presentó la solicitud de retiro de antejuicio de la Fiscal General del @MPguatemala por incumplimiento de deberes. pic.twitter.com/1xkMKsab04
— Gobierno Guatemala (@GuatemalaGob) February 29, 2024
The president may invite the attorney general to participate in any Cabinet meeting or the Ministers of State. In this case, the attorney general shall be obliged to attend the meeting with a voice but without a vote.
Saavedra emphasized that after this legal action is filed, the Courts of Justice must evaluate the request and appoint a special prosecutor to investigate the implications of the attorney general’s refusal to participate in the Cabinet meetings called by the president actively.
Rule of law
The Secretary-General, Juan Gerardo Guerrero, indicated that he accompanied PGN to file the legal complaint due to a series of analyses carried out by the Executive for what happened on January 29.
Secretary General Guerrero stated, “This action is to put back on track the rule of law lacking in the Attorney General’s Office. I want to emphasize that this will be one of several actions the Executive will undertake. This against all those corrupt actors or all those who are against the rule of law.”
He added that the Executive Branch will announce other actions that will be submitted later.
