Guatemala: ABA Center for Human Rights is Monitoring the Criminal Case of Lawyer Claudia Gonzalez Orellana
The American Bar Association Center for Human Rights (ABA CHR) has recently begun monitoring the criminal case (including pretrial and any upcoming trial proceedings) against Guatemalan defense attorney, Claudia Gonzalez Orellana. The next hearing in Ms. Gonzalez's case is scheduled for January 20, 2025, in Guatemala City, Guatemala.
Ms. Gonzalez served as an attorney appointed to the UN-supported International Anti-Corruption Commission in Guatemala, known as CICIG by its Spanish acronym. In the criminal case brought against her in 2023 by Guatemala's Internal Affairs Prosecutor's Office, Ms. González was charged with committing acts of abuse of authority during her CICIG tenure. The charges carry a possible prison sentence of up to six years, as well as disbarment.
On August 28, 2023, Ms. Gonzalez was arrested in her home. After spending 81 days in pretrial detention at Mariscal Zavala prison in Guatemala City, this measure was replaced by house arrest, which remains in effect to date. At the time of her arrest, Ms. Gonzalez was working as a senior defense attorney for several former corruption prosecutors who are being targeted with criminalization for their work advancing accountability for corruption according to the United Nations Office of the High Commissioner for Human Rights and the Inter-American Commission on Human Rights. The arrest also followed travel by Ms. Gonzalez to the United States and Europe to carry out advocacy among policymakers in the international community on behalf of several of her clients. Ms. Gonzalez is the 2023 recipient of the Lawyers 4 Lawyers award for her work as a CICIG prosecutor and defense attorney.
On March 18, 2024, Ms. Gonzalez’s case was referred to trial. No hearing in this phase of the criminal proceedings has taken place due to multiple delays. The First Chamber of the Court of Appeals has scheduled a hearing for January 20, 2025 to address issues related to a recusal motion filed by Ms. Gonzalez against Judge Jimi Bremer.
Trial monitoring, which entails sending a neutral observer into court to observe trial proceedings, permits an impartial assessment of whether a trial meets national and international standards. Guatemala is a State Party to the International Covenant on Civil and Political Rights and the American Convention on Human Rights, both of which guarantee the right to a fair trial among other relevant human and civil rights.