She pointed out to Consuelo Porras Argueta, attorney general and head of the Public Ministry (MP) of Guatemala, of being “allegedly involved in illegal adoptions” of indigenous minors in the 1980s. The complaint coincides with the failure of Porras, in his attempt to occupy a position in the Constitutional Court starting in May, when his term as prosecutor expires. The decision of the electoral commission leaves Porras without the possibility of guaranteeing his immunity in the future.
According to the UN office, they received information about at least 80 indigenous children who were subjected to illegal international adoptions after being institutionalized in the Elisa Martínez Temporary Home. The state home, now closed, housed boys and girls at risk. Porras headed the institution for seven months in 1982.
“Today, my colleagues and I express our concern about the information recently received that links María Consuelo Porras Argueta, with a process of illegal adoptions of at least 80 girls and boys from Indigenous Peoples between 1968 and 1996,” said Margaret Satterthwaite, UN special rapporteur on the independence of judges and lawyers. The UN office called for an “independent investigation” into Porras’ role “as legal guardian of the children from January 21 to August 30, 1982,” a statement said.
“All persons against whom there are credible allegations of conduct incompatible with human rights standards, especially those who have had authority to make decisions related to criminalization or human rights violations, should not be shortlisted or appointed until a prompt, independent and exhaustive investigation is carried out,” the UN said in the statement, in relation to Porras’ candidacy to the Court.
Porras’ first defeat
Parallel to the United Nations announcement, the election was being held in the city of Antigua Guatemala to choose the main and alternate magistrates for the Constitutional Court, appointed by the University of San Carlos de Guatemala, the only public university in the country. Outside the voting place, a demonstration was taking place asking people not to vote for Porras.
The attorney general presented her candidacy last week. However, at the end of the vote count, none of the votes went to Porras, so he was left out of the Court.
“I think that the fact that Consuelo Porras was not elected was an issue of clamor from the Guatemalan population after all the international questions she has had,” says deputy José Chic, from the VOS party, the only one who came to accompany the demonstration.
Chic explained that Porras could now seek the position through Congress or the Supreme Court of Justice, two entities that are still pending to nominate their magistrate for the Constitutional Court. Well, the period for the replacement of magistrate expires in April.
Consuelo Porras has led the MP since May 2018. In 2022 she won re-election despite the fact that a year earlier she was included by the United States on the list of corrupt and undemocratic actors for “obstructing” investigations into corruption cases in the Central American nation.
It was later sanctioned by 40 countries for “alleged corruption and actions that undermine democracy and the rule of law.” In 2023, the president of Guatemala, Bernardo Arévalo, accused her of plotting a failed coup d’état. Porras has been one of the main antagonists of the current Government.
Furthermore, according to reports from national and international human rights organizations, more than 100 people have gone into exile due to persecutions commanded by the MP, including justice operators, journalists and rights activists.
The attorney general must conclude her mandate in the MP in May of this year. She was the first re-elected attorney general and if she fails to remain in office, she would lose immunity. Porras faces dozens of complaints.
