Guatemala's Attorney General Consuelo Porras Remains Despite Global Criticism and Legal Challenges

Guatemala's Attorney General, Consuelo Porras, faces global criticism for allegedly hindering corruption probes and targeting political rivals. Despite this, she remains in power due to legal constraints. Since President Bernardo Arévalo's election last year, Porras has targeted his Seed Movement party, accusing it of irregularities in gathering signatures for its establishment. Her investigators have raided party offices and attempted to lift Arévalo's immunity multiple times.

Arévalo claims Porras is safeguarding corrupt interests threatened by his anti-corruption agenda. He has demanded her resignation, but Guatemalan lawmakers have made the attorney general position nearly untouchable. A study by Stanford Law School and the Cyrus R. Vance Center for International Justice highlights the lack of a viable legal mechanism to remove her. The only way Arévalo could remove her is through "duly established just cause," requiring a conviction for a crime committed during her duties.

Legal Challenges and Immunity

This process is deemed impossible as Porras controls Guatemala's criminal investigative and prosecutorial powers. Her staff would need to initiate any investigation under her supervision. There is no provision to suspend her during an investigation, and she would appoint any special prosecutor with the authority to dismiss them. Additionally, her immunity from prosecution can only be lifted by Congress.

Porras' term extends until May 2026, creating a significant challenge for accountability. The report suggests reforming Guatemalan law to hold the attorney general accountable, but such changes are unlikely soon due to the president's lack of a congressional majority. Arévalo requested her resignation in January when he assumed office, but she refused.

Historical Context and Political Dynamics

Porras first assumed the role of attorney general in 2018 with then-President Jimmy Morales' support and was reappointed by his successor, President Alejandro Giammattei. She redirected efforts against corruption towards prosecutors and judges who had previously made progress with a United Nations-backed mission. This led to many fleeing into exile.

The attorney general's office did not respond immediately to requests for comment on the report. However, following the Inter-American Commission on Human Rights' inclusion of Porras in its annual human rights report for alleged election interference, her office stated on social platform X that it "rejects any action that tries to infringe on Guatemalans' rights and attacks the country's sovereignty and institutional autonomy."

The inherent conflict of interest in Guatemala's legal framework renders accountability mechanisms ineffective, according to the new report. It underscores the need for legislative reforms to ensure accountability for high-ranking officials like Porras. However, given the current political landscape, such reforms appear distant.