Guatemala City, Guatemala – Growing apprehension surrounds Guatemala’s democratic stability following a successful request by the country’s top prosecutor to suspend one of the political parties participating in the upcoming August presidential run-off.
Marielos Chang, an independent Guatemalan political analyst, voiced concerns about potential interference in the election, stating, “The public prosecutor’s office will relentlessly pursue a rupture in our democracy,” echoing the widespread unease among critics.
The suspension was imposed on Wednesday evening, approximately two and a half weeks after the unexpected emergence of the progressive Seed Movement as one of the victorious parties in the first round of voting.
This outcome positioned their candidate, Bernardo Arevalo, to compete against Sandra Torres of the right-wing National Unity of Hope (UNE) party on August 20.
However, opposition to Arevalo’s victory materialized almost immediately, with his political adversaries contesting the election results. Subsequently, just hours after the electoral authority certified the vote, his party was suspended, effectively revoking its legal authority to campaign and organize.
For observers, this move constitutes nothing short of “a direct attack on our political system,” emphasizing the potential risk it poses to democracy. She expressed concern that these actions aim to impede the party’s participation in the second round, further jeopardizing the democratic process.
In an act of solidarity, Torres announced the suspension of her own campaign in protest against Wednesday’s actions, demanding a level playing field as the second round of voting approaches. “We want to demonstrate our solidarity with the voters of the Seed party and also with those who came out to vote,” Torres affirmed. “As a candidate, I want to compete under equal conditions.”
By Thursday afternoon, Guatemala’s Constitutional Court intervened by granting an injunction against the suspension of the Seed Movement.
The legality of the case against the Seed Movement is being questioned, with a controversial prosecutor Rafael Curruchiche, the head of the Office of the Special Prosecutor Against Impunity, leading the charge. In a video shared on Twitter on Wednesday, Curruchiche alleged irregularities in the 5,000 signatures gathered by the Seed Movement when it first formed as a political organization.
On Thursday morning, Curruchiche’s superior and political ally, Attorney General María Consuelo Porras, ordered a raid on Guatemala’s election authority offices to seize voting documents, with a second raid anticipated at the Seed Movement’s headquarters.
Political and constitutional law analysts have deemed these actions illegal. They point out that the suspension of the Seed Movement violates Article 92 of Guatemala’s Electoral and Political Parties Law, which stipulates that a political party cannot be suspended during an election.
Luis Mack, a Guatemalan political analyst and professor, described the situation as a “technical coup,” asserting, “There is a clear and overt attempt to alter the popular will expressed through the ballot box.”
Irna Palencia, the head of Guatemala’s electoral authority, echoed these sentiments, referring to Thursday’s raid as an “invasion.” She stated that she was not informed in advance about the suspension of the Seed Party.
The suspension and subsequent raid are the latest twists in an already tumultuous presidential race. Before the first round of voting on June 25, three candidates were disqualified due to alleged paperwork issues. In the aftermath of the election, the certification of results by the Constitutional Court was delayed to conduct a review of contested ballots, as requested by 10 political parties, including the UNE.
The court’s inspection, which concluded on July 6, revealed only minor voting irregularities. However, Curruchiche’s recent actions have reignited scrutiny of the Seed Movement, which campaigned on an anti-corruption platform.
Both Curruchiche and Porras have faced accusations of corruption themselves. In 2022, the United States Department of State-sanctioned Porras for obstructing anti-corruption investigations “to protect her political allies and gain undue political favor.” Curruchiche, likewise, was denounced for “interfering with high-profile corruption cases against government officials and raising apparently baseless claims” against the lawyers leading those investigations.
The international community, including the United States, has expressed concern over the suspension of the Seed Party. The European Union warned that these actions undermine “one of the basic foundations of democracy: respect for the popular will expressed at the polls.” The Organisation of American States has reiterated its deep concerns about the election, calling on Guatemala to adhere to its electoral laws, which prohibit the suspension of parties during an ongoing election.
I condemn the attack on democracy in #Guatemala. Reports now of raids on the offices of the electoral tribunal. What is taking place is a blatant assault on an electoral process. The lack of interest in Parliament this week makes me sick. The runoff on August 20 must go ahead. https://t.co/ee8a0TjyiS pic.twitter.com/F2IgaRs40l
— Clare Daly (@ClareDalyMEP) July 13, 2023
Ana Maria Mendez, Central America director for the Washington Office on Latin America, a research and advocacy group, remarked, “There is a great concern in the international community. It is essential that the constitutional order of Guatemala be respected, as well as the authority of the Supreme Electoral Council regarding the elections.” Mendez described the situation as an unprecedented crisis in Guatemala.
Mendez also noted that while various sectors of society, including businesses, are protesting the suspension of the Seed Party, there is a growing authoritarianism within the public prosecutor’s office, with actions conducted outside the boundaries of the law and hidden interests at play.
