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Guatemalan electoral magistrates leave the country hours after losing immunity from prosecution

Guatemala's President-elect Bernardo Arévalo.
Bernardo Arévalo of the progressive Seed Movement party was the surprise winner of Guatemala’s presidential election in August. But the country’s political establishment appears intent on keeping him from taking office.
(Moises Castillo / Associated Press)
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Three magistrates of Guatemala’s Supreme Electoral Tribunal left the country in the hours after the country’s Congress opened them to prosecution by stripping them of their immunity as the losing side in the presidential election continued its efforts to interfere with the results.

A spokesperson for Guatemala’s immigration agency confirmed Friday that the jurists had left Guatemala that day after the Congress voted near midnight Thursday to lift the immunity of four of the court’s five magistrates. The agency did not say where the magistrates had gone. None of the magistrates have commented.

Blanca Alfara, president of the Supreme Electoral Tribunal, said Friday that two magistrates had requested leave.

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The magistrates certified the election result but came under pressure after allegations were levied by two attorneys tied to a far-right candidate who did not advance to the runoff round of the presidential election.

Anti-corruption crusader Bernardo Arévalo won Guatemala’s presidency in a landslide, but now he faces what’s widely considered to be election interference.

Oct. 18, 2023

The attorneys complained that the tribunal overpaid for software purchased to carry out and publish rapid initial vote tallies. The attorney general’s office had previously said that its preliminary investigation suggested there had been less expensive options available.

In stripping the magistrates of their immunity, the lawmakers were following the recommendation of a special committee set up to investigate the allegations.

International observers from the Organization of American States and European Union declared the election free and fair. President-elect Bernardo Arévalo of the progressive Seed Movement party was the surprise winner.

Arévalo had not been polling among the top candidates headed into the first round of voting in June, but secured the second spot in the runoff with his promise to crack down on Guatemala’s endemic corruption. In the final vote in August, he won by a wide margin over former first lady Sandra Torres.

The inauguration of reformist Bernardo Arévalo would mean a sea change in Central America’s largest country — but can it happen?

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The son of a former president, Arévalo still managed to position himself as an outsider. As an academic who had worked for years in conflict resolution, he was untainted by the corruption that has pervaded Guatemalan politics in recent years and offered a promise of change.

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But once he won a place in the runoff, Guatemala’s justice system swung into action with multiple investigations against his party and its leadership. Prosecutors got a judge to suspend the party, alleging that there was illegality in the way it gathered signatures to register as a party years earlier.

Earlier this month, authorities arrested a number of Seed Movement members and prosecutors have requested that Arévalo and his vice president-elect also lose their immunity for allegedly making supportive comments on social media about the takeover of a public university last year.

Bernardo Arévalo won election on a pro-reform agenda. He wants to tackle ills that drive many to the U.S.-Mexico border.

Aug. 26, 2023

Atty. Gen. Consuelo Porras, who has been sanctioned by the U.S. government, has faced months of protests and calls for her resignation, as well as international condemnation for her office’s interference. Porras, as well as outgoing President Alejandro Giammattei, have denied any intent to meddle in the election results.

Arévalo is scheduled to take office Jan. 14.

But the intent among Guatemala’s establishment, which would potentially have the most to fear from an Arévalo administration serious about taking on corruption, appears clear.

In testimony to the special committee investigating the Supreme Electoral Tribunal, Karen Fisher, one of the attorneys who brought the complaint, urged them to move quickly. “Time is short because Jan. 14 is coming up,” she said.

AP writer Christopher Sherman in Mexico City contributed to this report.

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