GUATEMALA: Joint amicus curiae brief by the OIAD and Lawyers for Lawyers in the case of Claudia González before the United Nations
The International Observatory for Lawyers at Risk (OIAD) and Lawyers for Lawyers jointly submitted an amicus curiae brief to the United Nations Working Group on Arbitrary Detention (WGAD) regarding the detention and restrictive measures imposed on Guatemalan lawyer Claudia González Orellana, former head of the International Commission against Impunity in Guatemala (CICIG) and human rights defender.
The amicus curiae provides the WGAD with an impartial legal analysis of the case, focusing on González’s 82-day detention and her continued house arrest, based on specific criteria for arbitrary detention recognised by the Working Group itself. According to the brief, the case is part of a pattern of harassment, intimidation and criminalisation of legal professionals in Guatemala, particularly those who have defended justice operators in the context of the fight against corruption.
The analysis argues that the lawyer’s deprivation of liberty meets several of the criteria for arbitrariness according to the WGAD’s classification, including:
- Category I: The detention lacks a valid legal basis, as her deprivation of liberty was imposed without reasonable justification, in violation of national and international standards, and the charge of ‘abuse of authority’ is not applicable given that González was not a public official and acted in the legitimate exercise of her professional work.
- Category II: The detention results from the exercise of fundamental freedoms, such as the right to practise as a lawyer and human rights defender, as well as freedom of expression in matters of public interest.
- Category III: There are procedural irregularities that undermine the right to due process, including procedural delays, lack of impartiality of the court, and restrictions that prevent an adequate defence.
- Category V: The detention is motivated by discrimination linked to her professional practice, in particular her defence of former prosecutors and judicial operators who are the subject of politically motivated proceedings.
The amicus brief also emphasises that González’s case is not an isolated incident, but indicative of a broader context in which lawyers in Guatemala operate under pressure, intimidation and reprisals, creating a chilling effect that threatens the independence of the legal profession and access to justice.
With this submission, the OIAD and Lawyers for Lawyers urge the WGAD to consider the case in its systemic context and to issue an opinion reaffirming Guatemala’s international obligations to protect lawyers against arbitrary detention and to guarantee safe conditions for the independent exercise of the profession.
