“I realized that remaining in Guatemala and continuing my work posed a threat to my life,” she told the Washington Post.
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Aifán, 46, fled to Washington, where for the past year a growing number of senior Guatemalan judges and prosecutors have sought exile from a government that has repeatedly arrested justice officials overseeing cases of institutional corruption.
The government’s attempt to silence Aifán drew particular attention because the United States had repeatedly upheld it as an example of judicial independence. The Biden administration invited her to Washington last year to receive a leadership award from Secretary of State Antony Blinken and First Lady Jill Biden. The State Department issued several statements in her defense while the Guatemalan government continued its case against her.
This case – in which prosecutors accused her of “abuse of office” without publicly providing evidence – showed the limits of US power in the country. The Biden administration says strengthening anti-corruption programs and improving governance in Central America are essential to prevent illegal migration. Vice President Harris traveled to Guatemala shortly after taking office to emphasize the importance of an independent judiciary.
But the relationship between the two governments is becoming increasingly strained. Over the past year, the United States has placed several top Guatemalan officials, including Attorney General María Consuelo Porras, on its list of “corrupt and undemocratic actors.” She repeatedly warned the government to drop the case against Aifán.
The US ambassador to Guatemala attended a hearing in the case against Aifán to show US support for her. But the gesture seems to have done little. Not only did the Guatemalan government not drop the charges, but Guatemalan officials have expressed deep frustration at what they described as Washington interference in internal affairs.
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Aifán has become ambivalent about the usefulness of US support in a country that appears uninterested in bowing to international pressures.
“I appreciate all US support for my work and the work of an independent Guatemalan judiciary,” Aifán said. “But this support did not have the desired effect.”
In a story published by the Washington Post last month, Aifán detailed the government’s attempts to threaten and pressure her, including flying a surveillance drone outside her 14th-floor office.
On Monday she posted a Video on Twitter their reasons for resigning.
“Criminal and political networks, hit by legal incursions, decided to co-opt institutions and go after those who tried to fight impunity,” she said.
Aifán left Guatemala on March 10. She wasn’t planning a permanent move. She had a few weeks off work and wanted a break from the immense pressure and threats against her. She packed a single suitcase.
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But when she learned in recent days that the Supreme Court was planning to lift her judicial immunity, a move that would leave her vulnerable to incarceration, she felt she had no choice but to resign.
“It’s something I never wanted to do,” she said through tears. “It’s so painful to leave 20 years of work behind.”
Aifán said she is not yet sure whether she will seek asylum in the United States or a different status in another country. She’s staying in a friend’s spare room now. But she says returning to Guatemala could put her in grave danger. Since arriving in Washington, Aifán has met with former Guatemalan judge Claudia Mendoza and former judge Gloria Patricia Porras Escobar, both of whom are in exile after fleeing threats.
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“As we’ve seen elsewhere, a dying justice system breeds all kinds of extremism and authoritarianism that ruins democracy,” said Eric Olson, director of policy at the Seattle International Foundation. “Unfortunately, the witch hunt against Judge Aifán has become a symbol of the ongoing decline of democracy in Guatemala.”
Advocates have helped support the growing number of exiled Guatemalan law officials, but say many have found it difficult to obtain full-time jobs and suitable housing.
In Aifán’s absence, it’s unclear who will inherit her case burden. She had collected testimony alleging that President Alejandro Giammattei funded his 2019 campaign with $2.6 million in bribes from powerful construction companies. He has denied the allegations. Aifán also handled cases of military commanders and congressmen accused of money laundering and corruption.
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When The Post questioned the office of Guatemala’s attorney general about the case against Aifán last month, the office denied it was politically motivated.
The office said it “does not conduct investigations based on political matters. What we are pursuing is an objective and impartial investigation.”
Not long ago, the United Nations-backed International Commission Against Impunity in Guatemala (CICIG) was considered one of Central America’s most notable legal triumphs. The commission helped prosecutors build investigations into some of the country’s most powerful officials.
When CICIG closed in 2019, judges like Aifán took over the work of continuing the anti-corruption investigation. But recently former CICIG employees have been targeted. The Commission’s former head, Leily Santizo, was arrested by Guatemalan police in February. Eva Sosa, another former prosecutor who worked with CICIG, was also arrested in February.
Even after learning of her arrest, Aifán had hoped that her position would be protected and that the government would not come after her next.
“What happened to me is an indication of how bad things have gotten,” she said.