On Tuesday, November 1, a photograph of Guatemalan judge Miguel Ăngel GĂĄlvez appeared on social media alongside seven others as part of a macabre and menacing bingo card â a fraction of the roughly thirty prosecutors, judges and independent journalists who have been imprisoned or forced into exile by the Guatemalan state this year. All of their faces, including GĂĄlvezâs, were marked with a red “X.”Â
The threatening image was published by an influential group of right-wing operatives with ties to former military officers and Guatemalaâs economic elite, known as the Foundation Against Terrorism (FCT). The caption read: “This is how the legal snipers of the @FCTGuatemala do our work: one judicial shot, one civil death. This is how we combat [...] the globalist agenda against Guatemala. Just a few more to goâŠâ
It is because of accusations filed by the FCT that GĂĄlvez, before he resigned from his position on Tuesday, was facing impeachment proceedings that threatened to repeal his immunity and send him to prison. The FCT is also responsible for leveling similar complaints against several former officials from the Special Prosecutor's Office against Impunity (FECI), which resulted in the imprisonment of Virginia Laparra and Siomara Sosa, as well as Leily Santizo, the former head of the International Commission against Impunity in Guatemala (CICIG). The president of the FCT, Ricardo MĂ©ndez Ruiz â a self-described “ultra-right activist” who has bragged about his inclusion on the Engel List, the United Statesâ catalog of corrupt Central American officials â tweeted on November 1: “4 days left for the corrupt judge Miguel Ăngel GĂĄlvez to leave Guatemala.”
On November 4th, the final day of the FCT presidentâs ultimatum, the Guatemalan newspaper La Hora reported that Judge GĂĄlvez, according to information from the Guatemalan Migration Institute (IGM), had left the country early that morning â an unusual assertion, given that official government sources do not typically provide information to the press regarding individual citizensâ travel activities. Stranger still, given that initially GĂĄlvez denied the claims of the IGM and La Hora, only to later admit that he was, indeed, in Costa Rica.
At the time of this interview, GĂĄlvez was about to leave the country for Costa Rica, but claimed that he was not going into exile and planned to return to exhaust what few options he had left to prove his innocence before a co-opted justice system. In all likelihood, he did not know whether he would actually return. On November 15, GĂĄlvez announced his resignation, and sources close to the judge told El Faro that he would not come back to Guatemala, and that he now considers himself in exile.
GĂĄlvez said that he left Guatemala by commercial plane at 6 a.m. on November 4. “I was wearing a face mask, a hat and a hooded jacket, and when I got to the immigration kiosk, the agent was busy with a few different tasks and she barely looked up at me,” he said. But, when the agent handed him back his passport, she said, “Have a good day, Judge GĂĄlvez.” While GĂĄlvez knew that his face and name was now familiar to most Guatemalans, having been featured in the news in recent days, he admits that the experience was a startling one. Today, in Guatemala, being a judge means being afraid.
“The only option left”
A few days before he fled the country, Miguel Ăngel GĂĄlvez spoke with El Faro at his home on the outskirts of Guatemala City. “Thereâs a strong terror taking hold in Guatemala,” he said.
“How many prosecutors and judges are in Washington, Mexico, Costa Rica, Switzerland?,” asked GĂĄlvez. “Thereâs a lot of fear. Twenty days ago [the first week of October], I received a recognition in San Pedro La Laguna [in the department of SololĂĄ, 175 kilometers northwest of Guatemala City] and I met with all the Indigenous mayors. They told me that the military has come into the community to give presentations, that the FCT has held meetings, that they were even asking for a list of people who had gone to testify on the issue of the genocide.”
The “issue of the genocide” is a reference to the trial for the genocide committed by the Armed Forces of Guatemala against the Ixil Mayan people in the early 1980s. The two trials against former Guatemalan dictator EfraĂn RĂos Montt and one of his officers, in 2013 and 2017, unleashed a counterattack spearheaded by the countryâs financial and military elites against a justice system that, for the first time in history, they did not control. Ever since, spaces for civil activity in Guatemala have been shutting down.
A lot has changed since 2015, when president and retired general Otto PĂ©rez Molina was ousted from office on charges of corruption. Now, GĂĄlvez says, the situation has only gotten worse, with more and more violations of freedom of expression and the press, “especially against journalists working with grassroots media outlets, who are no longer in their homes; most of them have taken refuge in churches.”
âAsk them why, and theyâll tell you: âI don't know whoâs in jail, so-and-so has left the country.â What does that suggest? Look at the case of Juan Francisco Sandoval, for example, where they use privileged information from conversations with his lawyer in their investigations against him; or the case of the journalist who interviewed Virginia Laparra, who had to leave the country because they threatened her and then used the interview as evidence of obstruction of justice.”
âSo, the only thing left is to leave the country?
âThatâs the only option left, because itâs not possible to stay in Guatemala under these conditions. Itâs a really hard situation. If the process is plagued by irregularities [GĂĄlvez has been prevented from accessing his case files, and his defense attorney has been disqualified] then what is there left to do? Unfortunately, this is how things are now.
Two Decades of Threats
GĂĄlvez is short, wears glasses, and has thick, gray hair that he has recently started to dye. Like the majority of judges and prosecutors in Guatemala who faced persecution for taking action against a power structure that was thought to be untouchable, GĂĄlvez has a deceptively fragile physical appearance. But for over two decades, he has presided over high-profile cases of serious human rights violations, war crimes, and corruption. And for two decades, he has faced threats and harassment.
GĂĄlvez says, however, that in May, when he handed down his ruling in the Diario Militar case, also known as the “Death Squad Dossier,” and sent nine ex-military officers to prison for their role in the murder and enforced disappearing of 196 political dissidents from 1983 to 1986, he faced an intense campaign of online harassment, and suspicious unmarked vehicles began to follow him with increased frequency. Nothing, however, that he had not experienced before.
In 2001, GĂĄlvez was appointed to a special jurisdiction court in Chiquimula, a city in the eastern part of the country, where he presided over cases involving organized crime, drug trafficking, and kidnapping. Thatâs when the threats began, and they were constant and direct. “Not so much from the criminal structures, but from people involved with the government and with drug trafficking,” he says. “When I would leave Chiquimula, for example, we would travel by car, with my security team, and big trucks or SUVs would catch up to us and roll down their windows and flash their rifles at us.”
One case GĂĄlvez presided over involved the transport of cocaine in armored bank trucks. The vehicles were guarded by agents of the National Civil Police (PNC), but, GĂĄlvez says, the most direct threats he received came from the Presidential General Staff (EMP), the military unit in charge of protecting the president and his family.
“One day,” GĂĄlvez says, “three guys showed up wearing suits with badges on their lapels; I went to write down their names, but they told me, âno, donât worry about it, weâll leave our cards.â” GĂĄlvez says that the men identified themselves as members of the EMP: “âIt's your choice,â they told me. âIf you want to denounce us, go ahead, denounce us, but the worst theyâll charge us with is making threats, and weâll exterminate your whole family.â Then they showed me a photo of my son and a photo of my wife. âIt's up to you, nothing happened here,â they told me. Then they left, with one guy reaching out to shake my hand and saying, âThanks, very nice to see you,â and another even going so far as to give me a hug.”
The case was closed due to a lack of safety guarantees for the prosecutor and Judge GĂĄlvez. Several reports have since linked the EMP of the early 2000s to a variety of criminal activities. Years later, during a drug trafficking trial in the United States, it was revealed that, at the time, PNC agents were often used to guard cocaine shipments. The President of Guatemala, Alfonso Portillo (2000-2004), was extradited to the United States in 2013, where he was found guilty of money laundering and sentenced to 70 months in prison.
During the same time period, in Chiquimula, Judge GĂĄlvez presided over a case against Jorge Mario Chigua GonzĂĄlez, the former mayor of Puerto Barrios, Izabal, who was facing prosecution for the extrajudicial killing of a journalist. Chigua was a member of the Guatemalan Republican Front (FRG), the ruling party. On the first day of the trial, the judge received a call.
“It was the president of Congress, EfraĂn RĂos Montt,” GĂĄlvez says. The country had transitioned to democracy and the former dictator had become president of the legislative branch, and the leader of the FRG. “He didn't tell me what he wanted,” GĂĄlvez says. “The only thing he asked me was, âDo you have aspirations for promotion in the judiciary? If you do, we can include you on the list for eligible magistrates. If not, no worries. Youâll be put on a list of those who are not eligible,â and then he hung up.”
In 2010, Miguel Ăngel GĂĄlvez was transferred to the Seventh Court in Guatemala City, where he served as comptroller judge, and as a judge for the International Commission Against Impunity in Guatemala (CICIG), which had been founded three years earlier, and he started receiving threats again. Later, when Guatemalaâs “High-Risk” courts were created, GĂĄlvez was asked to join one of those courts as a member magistrate. The president of the court GĂĄlvez joined was Yassmin Barrios, the woman who would later deliver RĂos Monttâs conviction on charges of genocide.
Together, GĂĄlvez and Barrios handled high-profile cases, including the case of Rodrigo Rosemberg, the businessman who arranged his own murder in an attempt to oust the president; the murder of three Salvadoran members of Central American Parlaiment (Parlacen), along with their driver and four policemen; and the prosecution of the Zetas cartel in Guatemala. In 2012 another special jurisdiction court was created, with Barrios serving as president and GĂĄlvez as comptroller judge. There, they presided over historic cases such as the burning of the Spanish Embassy, the systematic rape of Ixil Mayan women by the Guatemalan Army, and the genocide trial.
The trial against former General RĂos Montt began in 2013, and the focus of the entire country was trained on the proceedings. It was GĂĄlvez who brought the case to trial. Zury RĂos, the daughter of the retired general and a current presidential hopeful, attended all the hearings, usually in the company of MĂ©ndez Ruiz, the man who now, nine years later, is trying to put an end to GĂĄlvez's judicial career.
One day, during the genocide trial, Judge GĂĄlvez was in his chambers with the door open, as usual. When he looked up, RĂos Montt was standing over his desk. “I stood up, greeted him, and asked him to sit down, and he told me I was acting as if I were still a lower court judge. âIf youâll remember,â I told him, âCongress has placed me on a list of individuals ineligible for judgeships.â When I said that, he turned quickly and stared at me. I think he remembered that he was the one who had told me that I was going to appear on that list, because he finished the conversation and said, 'Very nice to see you,â and then left,” GĂĄlvez says.
That was the first time that the Inter-American Commission on Human Rights (IACHR) issued protective measures on Miguel Ăngel GĂĄlvezâs behalf. In the end, Judge Barrios convicted RĂos Montt of genocide, but the Supreme Court ordered a retrial and the general died in 2018, before a second trial could take place.
GĂĄlvez has continued to hear war-crime cases in Guatemala, such as the prosecution of retired general Benedicto Lucas, also convicted of genocide, or the Sepur Zarco case, involving a group of military officers convicted for the systematic rape and enslavement of Qâeqchiâ Mayan women in the 1980s. GĂĄlvez claims that the father of FCT president Ricardo MĂ©ndez Ruiz, Ricardo MĂ©ndez Ruiz Rohrmoser, who served as commander in CobĂĄn, Alta Verapaz, between 1978 and 1982, and who died in 2016, is implicated in the Sepur Zarco case.
Ruiz Rohrmoser was appointed Minister of the Interior after RĂos Montt carried out a coup d'Ă©tat in March, 1982, and a 2018 study by San Carlos University has linked him to a case of genocide. The FCT president claims that his father was not a murderer.
In the Crosshairs of the FCT
The Foundation Against Terrorismâs first complaint against GĂĄlvez came in 2012, at the start of the RĂos Montt trial. Five other organizations with ideological orientations similar to those of the FCT, including Immortal Guatemala (Guatemala Inmortal) and the Association of Military Veterans of Guatemala (Avemilgua), also filed complaints against GĂĄlvez at that time.
Subsequent cases, such as La LĂnea and CooptaciĂłn del Estado, which in 2016 implicated almost the entire cabinet of the party of then-President Otto PĂ©rez Molina (2012-2015), along with dozens of businessmen with state contracts, earned him more enemies. Today, GĂĄlvez has a total of 78 complaints recorded against him, a third of them filed by the FCT.
In 2021, GĂĄlvez joined several other High-Risk Court judges â including Yassmin Barrios, Erika AifĂĄn (who also has a hundred or so complaints filed against her and has gone into exile in the United States), and Pablo Xitumul (suspended in March for alleged abuse of authority) â in filing a petition with the Public Prosecutorâs Office to request an end to the unfounded complaints.
“As a result of our petition to the attorney general, we received three more complaints against us,” GĂĄlvez says.
“At first they focused more on Erika [AifĂĄn], but with me, the military joined forces with companies like Cementos Progreso, Cementos Novella [...] Especially after the arrest of Toribio Acevedo, during the Diario Militar case,” GĂĄlvez says. Toribio Acevedo is a lawyer who served as a member of the Presidential General Staff (EMP), and at least as recently as May was on the payroll of Cementos Progreso, one of the largest and most disreputable companies in the country, which has helped finance numerous political campaigns. Two others were prosecuted alongside Acevedo in the Diario Militar case: Jacobo SalĂĄn SĂĄnchez (former head of the EMPâs General Archive and Support Services, known as “The Archive,” a death squad and military intelligence unit), and Marco Antonio GonzĂĄlez Taracena (Minister of Defense during the de facto government of General Ăscar Humberto MejĂa VĂctores, 1983-1986, and head of The Archive during the RĂos Montt administration, 1982-1983).
“There is so much impunity that the criminal economic and military power structures have joined forces and now theyâre leading the charge on all of this,” says GĂĄlvez. This, he says, includes the campaign of threats against him.
“The La LĂnea case caused a lot of problems for them. It even seemed like they were taking a pause from things; I remember someone noting how calm everything seemed, but it was because they were taking over all the institutions,” GĂĄlvez says. “But just when they had the luxury of institutional control, the investigations led by Juan Francisco Sandoval [head of the Special Prosecutorâs Office Against Impunity, or FECI, until July 2021] began, and then the case against JosĂ© Luis Benito [Minister of Communications for the Jimmy Morales administration (2016-2020), implicated in alleged bribes to Alejandro Giammattei], and the whole relationship with the Russians [who own the nickel mines in Izabal and are allegedly implicated in bribes to President Giammattei]. And then, Juan Francisco is removed, the attorney general is reelected, and the reconfiguration continues.”
According to GĂĄlvez, the final assault began on May 6, at 9:35 a.m., when Ricardo MĂ©ndez Ruiz tweeted: “Tomorrow, when we hear about more gang members disappeared due to infighting and score-settling, these crooks and profiteers will blame the state and ask for reparations for [the victims of] Diario Militar. Of course, it wonât be Judge GĂĄlvez who will be imprisoned for his lying and obstruction.”
Then, at 12:53 p.m., the FCT president sent another tweet: “Judge Miguel Ăngel GĂĄlvez, in the Death Squad Dossier case, claimed that itâs not necessary for the court to comply with the sacred restrictions on time, place, and manner in the proceedings against the accused, and thus, this corrupt, lying judge granted a new request for a preliminary injunction.”
Less than ten minutes later, the Twitter account of “Yes Master,” a prominent social media troll known in Guatemala for harassing justice system workers, posted: “This corrupt liar needs a good beating. Heâs next. We need to cleanse our justice system of these scum.”
Later that afternoon, MĂ©ndez Ruiz arrived at the hearing for the Death Squad Dossier and sat down in the audience. “I was reading out the ruling,” GĂĄlvez recalls. “The courtroom was full.” The judge eyed Ruiz with a feeling of unease, but continued reading the order for the pre-trial detention of nine ex-military personnel. Minutes later, Ruiz posted on Twitter: “It's Miguel Ăngel GĂĄlvez's turn. FCT Guatemala will handle this one.'
“When I left the Torre de Tribunales at 7:30 that evening, I started to be followed,” GĂĄlvez says. “A van was following us. We never saw the license plate. I was really tired but when I got home, because I had spent so much time sitting down, I went out for a walk, something I never do. It was about 8:00 p.m. When I looked up, I saw a person with a T-shirt standing on the corner, about three meters away, making this gesture with his hand.” The judge pats himself a couple of times on the side of his waist, imitating the manâs movements. GĂĄlvez understood what the man was telling him: He was carrying a handgun.
“I didn't want to turn my back on him. I thought he was going to shoot me, but I couldn't just stand there,” he remembers. “So, I turned around and started walking back to the house, sure that he would shoot me. But he didn't.”
Terror Takes HoldÂ
“The current complaint from MĂ©ndez Ruiz is the same as the one from 2013,” GĂĄlvez says. “The problem is that now theyâve reconfigured all the institutions.”
On May 6, after sentencing the defendants in the Death Squad Dossier case to pre-trial detention, Judge GĂĄlvez asked the Public Prosecutorâs Office to extend the investigation and execute more arrest warrants for others accused in the case. “The capture of Toribio Acevedo was the final straw,” GĂĄlvez says.
On May 11, Acevedo was captured in Panama while attempting to flee to Spain. That same day, MĂ©ndez Ruiz filed the accusation against GĂĄlvez that led to the current impeachment process.
The Supreme Court of Justice had rejected two previous impeachment attempts against GĂĄlvez in July, but this time, those same magistrates â a third of them are on the Engel List â immediately processed the new complaint, despite the fact that there were at least 40 other pending impeachment petitions against other officials.
Judge GĂĄlvez claims that the current configuration of power within Guatemala's various state institutions is what will determine his future, and that of the rest of the judges in the country. “The problem is that theyâve had the benefit of controlling all the countryâs institutions,” GĂĄlvez says. “Take the executive, for example: the president has very little popular support at the national level, but he has the luxury of controlling all the institutions.” GĂĄlvez says that the ruling party has allies and accomplices in Congress, in the Public Prosecutorâs Office, the judiciary, the Constitutional Court, the Supreme Court of Justice, the Court of Appeals, and the Supreme Electoral Tribunal. “I am extremely concerned about the rule of law at all levels. Itâs something we canât talk about,” GĂĄlvez says.
In October, the United Nations Committee on Economic, Social and Cultural Rights denounced Guatemalaâs lack of institutional protection for judges and other judicial personnel facing persecution. There is a reason that 28 of Guatemalaâs former judges, prosecutors and lawyers are now living in exile.
In July, a website called “La Panel” (a reference to “La Panel Blanca,” or “The White Van,” a vehicle associated with enforced disappearances during Guatemalaâs internal armed conflict) announced that it was ready to receive the go-ahead from President Giammattei to “disappear the new subversive guerrillas, who hide behind the FECI and the high-risk courts.” The text included various military slogans.
Herbert PĂ©rez, GĂĄlvezâs lawyer, says that the complaint that prompted the impeachment process against the judge lacks solid evidence. He says the FCTâs complaint included a table featuring information on five defendants that was copied and pasted from page 38 of a report from the Centro de Investigaciones EconĂłmicas Nacionales (CIEN) from 2018, titled “La prisiĂłn preventiva en Guatemala” (“Preventive Detention in Guatemala”). The FCT accuses GĂĄlvez of remanding the five defendants to “prisiĂłn provisional” (“provisional detention”), a term that does not exist in Guatemalan law.
Notably, only two of these rulings were actually issued by GĂĄlvez. The other three were handed down by different judges, whom the FCT did not denounce. The same CIEN report also revealed that several judges, not only GĂĄlvez, have used the term “provisional detention” as a synonym for “preventive detention,” the standard term used in Guatemalan law.
Last July, the Inter-American Court of Human Rights again ordered the Guatemalan state to adopt urgent measures to protect GĂĄlvez. Even so, the judge appeared to be on the verge of losing his immunity. The Supreme Court rejected all of GĂĄlvez's legal appeals to stop the impeachment, and no action has been taken on any of the appeals for relief he has filed before the Constitutional Court and other instance courts.
âWas your impeachment already decided from the outset?
âOf course. The threats started coming from every direction on May 6, and the following week I informed the Supreme Court of Justice that I felt under threat and that my judicial independence was under threat. Because, as I see it, they were not threatening Miguel Ăngel GĂĄlvez; they were threatening Judge GĂĄlvez in my jurisdictional function. And the court, instead of protecting me, moved forward with the impeachment process. They are limiting the exercise of my right to a defense.
The Supreme Court ââwarned GĂĄlvezâs lawyer that he could face sanction for filing so many appeals, or could even be forced off the case. GĂĄlvez says that his observations of the impeachment process thus far left him with little doubt:
âIf this were a legal process, it wouldnât be a problem, but this is a political process. What finally showed me just how bad things had gotten, was during the public hearing before the Constitutional Court, when [lawyer RaĂșl Falla of the FCT] had the gall to publicly insult me, to deliver speech full of hate, and to treat the magistrates with disrespect. He even ended his tirade saying, “Your honors, I hope you wonât turn out to be caricatures by approving the injunction petition for this corrupt judge.” Who put him in his place so that he would respect the court? Nobody. Thatâs when I knew that someone was pulling the strings.
âWho?
âWhoâs financing the Foundation and all of this? It certainly gives the impression that thereâs someone higher up, and that these guys are just pawns who show their faces in public and do the dirty work.
In the hearing before the Constitutional Court, RaĂșl Falla said that GĂĄlvez would end up “in jail or on the run.” Now, the judge has renounced his position and is in exile. He says he feels like he is both a witness to Guatemalaâs gradual consolidation of the rule of law in recent years, and now, a sudden victim of its rapid regression.
âIt puts an end to the rule of law. Weâre talking about violations not only of constitutional guarantees, but also procedural ones.
âWhat future do you see?
âThat the next president will be one of theirs, and that the worst is yet ahead. Thatâs when the population will react. For me these are all natural changes, and at the moment thereâs no other option. Theyâve taken everything, especially the Supreme Electoral Tribunal [the highest authority in the country on electoral matters]. Some of those magistrates were involved in falsifying titles and qualifications. Logically, they wonât prosecute them, but they have them by their tails, under their control.
At what was once his home, Judge GĂĄlvez kept several folders containing printed-out news articles and tweets and newspaper clippings related to his targeting and harassment.Â
“These shady types post everything on social media, and we still donât understand what theyâre saying,” he said two weeks before leaving for Costa Rica, “They play bingo with us on social media. They have photos of all of us and when they take someone out, they put an X on their face. The only ones left, before they finally call bingo, are yours truly and Yassmin Barrios. Once they get us, the game is up.”
*Translated by Max Granger