members of the Supreme Court and Constitutional Court, who will be chosen in the first half of 2018. The IACHR urges the State of Guatemala to push through the constitutional reform in the area of justice and enact it as soon as possible, while seeing to it that international standards in that regard are met. The Commission believes that the proposal to create a body in which the adjudicatory and administration functions of the Supreme Court of Justice are separate and which is independent from other branches of government could effectively better safeguard the independence of judges from pressures aimed at influencing or controlling their decisions. It also considers it important that the amendment of the Judicial Career Law be approved soon in order to completely and effectively integrate the operations of the Judicial Career Council. As to appointment and selection processes, as well as performance evaluation, the State should ensure that selection is based on merit and professional capacity and that the principle of non-discrimination and equal access to opportunities is observed. The Commission notes that in response to public demands to fight corruption and enhance judicial independence, the Congress adopted a number of amendments to laws, including the Organic Law of the Public Prosecution Service and the Judicial Career Law. According to the human rights ombudsman, one of the most important advances of the new provisions is the incorporation of guiding principles and the creation of the Judicial Career Council, whose functions will include convocation, appointment, performance evaluation, and the disciplinary regime for justices of the peace and lower court judges; the appointment of disciplinary boards and of the Director of the School of Legal Studies; approval of the policies and programs of the School of Legal Studies; and notification of the Congress of the expiration of the constitutional term of office of members of the Supreme Court and the Court of Appeals. On June 29, 2016, the Public Prosecution Service, CICIG, and the Office of the High Commissioner for Human Rights welcomed the adoption by the Congress of Decree No. 32-2016 (Judicial Career Law), saying that it would help to strengthen and ensure judicial independence and impartiality consistent with international human rights standards. The Law is designed to ensure that the procedures for selection, promotion, transfer, and performance evaluation of judges is done based on objective and transparent criteria, merit and expertise, as well as establishing guarantees for due process in disciplinary proceedings. CICIG and the office of the High Commissioner for Human Rights also welcomed the reform of the Organic Law of the Public Prosecution Service, saying that it would help strengthen the institutional framework of the
members of the Supreme Court and Constitutional Court, who will be chosen in the first half of 2018. The IACHR urges the State of Guatemala to push through the constitutional reform in the area of justice and enact it as soon as possible, while seeing to it that international standards in that regard are met. The Commission believes that the proposal to create a body in which the adjudicatory and administration functions of the Supreme Court of Justice are separate and which is independent from other branches of government could effectively better safeguard the independence of judges from pressures aimed at influencing or controlling their decisions. It also considers it important that the amendment of the Judicial Career Law be approved soon in order to completely and effectively integrate the operations of the Judicial Career Council. As to appointment and selection processes, as well as performance evaluation, the State should ensure that selection is based on merit and professional capacity and that the principle of non-discrimination and equal access to opportunities is observed. The Commission notes that in response to public demands to fight corruption and enhance judicial independence, the Congress adopted a number of amendments to laws, including the Organic Law of the Public Prosecution Service and the Judicial Career Law. According to the human rights ombudsman, one of the most important advances of the new provisions is the incorporation of guiding principles and the creation of the Judicial Career Council, whose functions will include convocation, appointment, performance evaluation, and the disciplinary regime for justices of the peace and lower court judges; the appointment of disciplinary boards and of the Director of the School of Legal Studies; approval of the policies and programs of the School of Legal Studies; and notification of the Congress of the expiration of the constitutional term of office of members of the Supreme Court and the Court of Appeals. On June 29, 2016, the Public Prosecution Service, CICIG, and the Office of the High Commissioner for Human Rights welcomed the adoption by the Congress of Decree No. 32-2016 (Judicial Career Law), saying that it would help to strengthen and ensure judicial independence and impartiality consistent with international human rights standards. The Law is designed to ensure that the procedures for selection, promotion, transfer, and performance evaluation of judges is done based on objective and transparent criteria, merit and expertise, as well as establishing guarantees for due process in disciplinary proceedings. CICIG and the office of the High Commissioner for Human Rights also welcomed the reform of the Organic Law of the Public Prosecution Service, saying that it would help strengthen the institutional framework of the
Guatemala2017-en.docx