Unofficial translation by the Network in Solidarity with the People of Guatemala (NISGUA). You can find the original statement in Spanish further below.

The re-election of Roberto Molina Barreto and Luis Alfonso Rosales Marroquín to the Constitutional Court is an offense to the memory of the victims and survivors of the Internal Armed Conflict 

The organizations of victims and survivors of the Internal Armed Conflict (IAC) committed to historical memory, truth and justice declare our profound rejection and indignation regarding the decision of the Congress of the Guatemalan Republic to re-elect Roberto Molina Barreto and Luis Alfonso Rosales Marroquín as magistrates of the Constitutional Court for the 2026-2031 term.

This decision constitutes a serious insult to the victims, survivors and relatives of those who suffered the atrocities of the Internal Armed Conflict, as well as to the decades-long effort that human rights organizations have put forth to combat impunity in Guatemala.

The re-election of these functionaries becomes particularly worrying given their public record and proceedings, which have been widely questioned for favoring impunity in cases related to serious human rights violations.

Emphasized among the most controversial of Roberto Molina Barreto’s decisions and proceedings related to the Internal Armed Conflict are the following:

  • His participation in the resolution that revoked the genocide sentence against Efraín Ríos Montt in 2013, a decision that signified a hard blow for the victims of the Maya Ixil people looking for justice.
  • Judicial decisions and actions that delayed or stalled processes against military members accused of war crimes.
  • Judicial stances that limited criminal prosecution for human rights violations committed during the Internal Armed Conflict.
  • The political controversy generated by his joint candidacy with the daughter of Ríos Montt, after having participated in the annulment of his genocide sentence.
  • Allegations over his ties to structures involved in illegal adoptions.

For his part, the principal controversies regarding Luis Alfonso Rosales Marroquín include:

  • His participation in the legal defense of the accused Efraín Ríos Montt for genocide
  • Resolutions and decisions that have been alleged to favor networks of impunity within the justice system
  • Institutional protection for questionable members of the judiciary, as in the case of ex-judge Mynor Moto
  • Actions directed against independent judges investigating cases of corruption
  • A questionable election to the constitutional magistrate for possible conflicts of interest
  • Allegations over his ties to structures involved in illegal adoptions

Given this context, the re-election of Molina Barreto and Rosales Marroquín represents a direct affront to the historic struggle of victims, survivors and social organizations that for decades have worked to clarify the truth and reach justice for the serious violations to human rights committed in the Internal Armed Conflict.

These decisions weaken the credibility of democratic institutions and sent an alarming message regarding the trajectory of constitutional justice in Guatemala.

As such, we urge the Executive Body, in the exercise of their constitutional duty, to appoint magistrates committed to judicial independence, the respect of human rights and the fight against impunity.

The country needs magistrates that respond to the interests of the vast majority and not to those of a small group that has co-opted the institutions of the state.

Justice is a historical debt that the Guatemalan State still has pending, the dignity of victims demand truth, justice and guarantees of non-repetition.

Without justice there is no democracy!

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