Amicus Curiae submission on the case of Claudia González Orellana: Defending the independence of the legal profession in Guatemala

Lawyers for Lawyers (L4L) and the International Observatory for Lawyers in Danger (OIAD) have jointly submitted an amicus curiae brief to the UN Working Group on Arbitrary Detention (WGAD) concerning the case of lawyer and former official of the International Commission against Impunity in Guatemala (CICIG), Claudia González Orellana. 

As a member of CICIG, Ms. González worked on several high-impact anti-corruption cases. Later, as a lawyer, she represented former Public Ministry prosecutors and other human rights defenders who faced prosecution for their involvement in anti-corruption work. Subsequently, she was charged with “abuse of authority”. Ms. González’s criminal prosecution appears directly linked to her professional activities, reflecting a broader pattern of harassment, intimidation, and criminalization of lawyers in Guatemala who defend justice operators and challenge corruption.

The submission provides the WGAD — an independent expert body mandated to investigate cases of arbitrary arrest and detention — with an impartial legal analysis of Ms. González’s 82-day arrest and ongoing house arrest. It urges the Working Group to consider her case in the wider context of systemic risks faced by lawyers in Guatemala, who increasingly operate under pressure, intimidation, and retaliation, creating a chilling effect on the legal profession.

The amicus argues that the detention and ongoing house arrest of Ms. González meet multiple criteria for arbitrary detention as defined by the Working Group on Arbitrary Detention (WGAD). Specifically, the submission contends that her case falls under Categories I, II, III, and V of the WGAD framework. Under Category I, the deprivation of liberty lacks a valid legal basis. First, the pretrial detention of Ms. González was imposed without sufficient, relevant, or reasoned justification, in breach of both domestic and international standards. Second, the charge of “abuse of authority” is legally inapplicable, as she was never a public official and her actions were carried out entirely in her legitimate capacity as legal counsel. Under Category II, her detention results from the exercise of her fundamental freedoms—namely, her right to carry out professional activities as a lawyer and human rights defender, and her freedom of expression in relation to matters of public interest. A Category III violation is also identified, based on numerous due process irregularities, including repeated procedural delays, lack of impartiality of the presiding judge, and restrictions undermining her right to an adequate defence. Finally, the amicus argues that Category V is applicable, as Ms. González has been targeted and criminalized on discriminatory grounds linked to her professional associations and her defence of former justice officials who themselves have faced politically motivated prosecutions. 

Read full version of the amicus brief here.

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