Report No. 270 (2026) IACHR. Petition No. 1198-23 (Guatemala)

• Court: Inter-American Comission of Human Rights
• Year: 2025
• Case Type: Friendly Settlements
• Respondent State: Guatemala

OEA/Ser.L/V/II

D.. 285

10 December 2025

Original: Spanish

REPORT No. 270/25

PETITION 1198-23

REPORT ON FRIENDLY SETTLEMENT

AUGUSTO JORDÁN RODAS ANDRADE

GUATEMALA

Approved electronically by the Commission on December 10, 2025.

Cite as: IACHR, Report No. 270/25, Petition 1198-23, Friendly Settlement, Augusto Jordán R. Andrade, Guatemala, December 10, 2025.

www.iachr.org

REPORT No. 270/25

PETITION 1198-23

FRIENDLY SETTLEMENT

AUGUSTO JORDÁN RODAS ANDRADE

GUATEMALA1

DECEMBER 10, 2025

1. SUMMARY AND RELEVANT PROCEDURAL ASPECTS OF THE FRIENDLY SETTLEMENT PROCESS

1. On J. 3, 2023, the Inter-American Commission on Human Rights (hereinafter "the Commission" or "IACHR") received a petition presented by Mr. C.G.C. (hereinafter "the petitioner" or "the petitioning party"), alleging the international responsibility of the Republic of Guatemala (hereinafter "S." or "G. S." or "Guatemala"), for the violation of the human rights contemplated in A. 8.2 (presumption of innocence), 8.5 (publicity of the process), 23.1 and 23.2 (political rights), and 25.1 (judicial protection) of the American Convention on Human Rights (hereinafter "Convention", "American Convention", or "ACHR"), in connection with its A. 1.1 (obligation to respect rights) and 2 (duty to adopt domestic law provisions), to the detriment of Augusto Jordán R. Andrade (hereinafter "alleged victim") as a result of the decision of the Supreme Electoral Tribunal to declare inadmissible his registration as a candidate of the political party Movimiento para la Liberación de los Pueblos (MLP) for the Vice-P. of the Republic of Guatemala during the 2023 electoral process.

2. On February 7, 2024, the S. expressed interest in initiating a friendly settlement process and on M. 18 of that year, the petitioning party confirmed its willingness to move forward with the negotiation.

3. On J. 11, 2024, the Commission formally notified the parties of the initiation of the friendly settlement process, which led to the signing of a friendly settlement agreement (hereinafter "FSA" or "agreement") on J. 26, 2025, in Guatemala City. S., on J. 30, 2025, the S. sent a letter signed by both parties on J. 15 of the same year, in which they jointly requested the approval of the FSA.

4. This friendly settlement report, in accordance with Article 49 of the Convention and Article 40(5) of the Commission's Rules of Procedure, provides an overview of the facts alleged by the petitioning party and includes the friendly settlement agreement signed on J. 26, 2025, by the petitioning party and the G. S.. A., the Commission hereby approves the agreement signed by the parties and decides to publish this report in its Annual Report to the General Assembly of the Organization of American S..

2. THE FACTS ALLEGED

5. The petitioner reported that on January 27, 2023, the General Directorate of the Citizen Registry of the Supreme Electoral Tribunal declared the registration of the presidential ticket,2 which included Mr. R.A. as vice presidential candidate for the Movimiento para la Liberación de los Pueblos (MLP) party, to be inadmissible, as it considered that there was an impediment to running for public office, consisting of the existence of legal charges and complaints against the alleged victim.

6. The petitioning party stated that when the alleged victim applied for registration with the Department of Political Organizations of the Citizen Registry, he had attached a valid certificate stating that "he had no pending claims or lawsuits as a result of the public office or offices previously held." H., the authority allegedly reported that, when it accessed the web site of the Office of the C. General of Accounts of Guatemala and checked that document, it found that the document consulted electronically indicated that Mr. R.A. faced legal charges and complaints, which banned him from applying for public office and invalidated the document initially exhibited by the alleged victim.

7. According to the initial petition, on January 30, 2023, the MLP reportedly filed an appeal before the Supreme Electoral Tribunal for annulment against the decision issued; however, on February 2, 2023, it was declared null and void. S., on February 4, 2023, the political party reportedly filed an amparo action before the Constitutional Court, which was declared inadmissible on April 13, 2023. An appeal for amparo against that ruling was filed before the Constitutional Court, which, in a resolution of M. 2, 2023, was also declared inadmissible.

8. According to the petitioner, these outcomes were part of a context characterized by arbitrary use, for political ends, of criminal and electoral law and using fake legal arguments, to exclude candidacies that threatened pro-government options. International organizations, countries, and NGOs have denounced these exclusions, together with cases of bribes requested for registration, which are part of a general scenario of a weakening of the rule of law and coordination between institutions and parties to favor certain candidates, undermining equality in the exercise of political rights, inclusion, and the integrity of the democratic process.

3. FRIENDLY SETTLEMENT

9. On J. 26, 2025, in Guatemala City, the parties signed a friendly settlement agreement, the text of which establishes the following:

FRIENDLY SETTLEMENT AGREEMENT -FSA-

REGARDING THE VIOLATION OF CIVIL AND POLITICAL RIGHTS BY THE STATE OF GUATEMALA AGAINST AUGUSTO JORDÁN RODAS ANDRADE

PETITION P-1198-23

I. REGARDING THE APPEARANCE AND WILL OF THE PARTIES.

1. The S. of Guatemala, through Elvyn Leonel Díaz Sánchez , forty (40) years of age, married, G., Attorney at Law and Notary Public, domiciled in the department of Guatemala, who identifies himself with the Personal Identification D.ument (DPI) with Unique Identification Code (CUI) number [...], issued by the National Registry of Persons of the Republic of Guatemala, Central America, acts in his capacity as EXECUTIVE DIRECTOR OF THE PRESIDENTIAL COMMISSION FOR PEACE AND HUMAN RIGHTS (COPADEH), as evidenced by Governmental Agreement number thirty-seven (37) dated M. twenty (20), two thousand twenty-five (2025), issued by the General S. of the P. of the Republic, according to the appointment registry, Book One (1), F.O.H. and Twenty-two (122) and Box Thirty-seven (37) and, through the Minutes of taking possession of the position number zero sixty dash two thousand twenty-five (060-2025) dated M. twenty-second (22) of two thousand twenty-five (2025), contained in the minutes book of the Department of Human Resources. REPRESENTING THE STATE OF GUATEMALA, declares that they are duly empowered to grant the present instrument in accordance with article 2 paragraph j of governmental agreement number 27-2024 of the President of the Republic and, in accordance with the instruction issued by the President of the Republic of Guatemala, B.A. de León, contained in Official Letter No. 32 dated J. 16, 2025.

2. The petitioner and his representative (mandatario): Augusto Jordán R. Andrade, fifty-six (56) years old, married, G., Attorney at Law and Notary Public, who identifies himself with Personal Identification D.ument (DPI), with Unique Identification Code (CUI), number [...], issued by the National Registry of Persons (RENAP), and Walter Antonio Romero Velásquez, with Personal Identification D.ument (DPI), with Unique Identification Code (CUI), number [...], issued by the National Registry of Persons (RENAP), who acts in his capacity as Special Judicial Representative (Mandatario Especial Judicial con Representación), according to the notarial act signed in the City of Bogotá, Colombia, on February fourth of the year two thousand twenty-three before the notary Alma Virginia A.G., where a Special and Judicial Mandate with Representation was granted by Augusto Jordán R. Andrade to W.A.R.V. for an indefinite term, which is duly registered in the Electronic Registry of Powers of Attorney of the General Archive of Protocols of the Judicial Branch under number one (1) of the power of attorney number six hundred and sixty two thousand nine hundred and one dash E (662901-E), dated February ninth (9), two thousand twenty three (2023).

3. On J. 3, 2023, the Inter-American Commission on Human Rights (hereinafter "IACHR") received petition P-1198-23 from Mr. A.J.R.A. against the S. of Guatemala alleging international responsibility of the S. of Guatemala for the violation of his political rights, presumption of innocence, publicity of the process, and...