83.
On March 12, 2009, the Human Rights Ombudsman issued a resolution addressing the
complaint filed by Mrs., Villaseñor, in which she argued that her right to security had been violated "by
unknown persons" 88. Mrs. Villaseñor also alleged that she was the victim of accusations and false charges
regarding her work as a judge.89 The Ombudsman considered the following:
(...) since 1994, in the course of her work as a trial judge and judge on the Court of Appeals,
Mrs. (...) Villaseñor Velarde has been the object of threats, acts of intimidation and coercion
committed by unknown persons, trial attorneys, and officials and employees of several State
institutions, triggered by her interventions and performance in
various criminal
proceedings dealing with nationally and internationally high-profile cases.
(...) It has been established that on November 21, 2007, Mrs. (...) Villaseñor Velarde (…) was
the object of attacks, this time using electronic means, because on that date an e-mail was
circulated to various dependencies of the Supreme Court of Justice in which someone calling
herself Karina Montes falsely depicted various situations detrimental to Judge Villaseñor's
honor, personal dignity, and judicial independence (...).
(...) This series of situations show that an attack has been made against the judge's security
and judicial independence (...) and, considering that those rights are indispensable in a
member of the judiciary (...) it is hereby determined that said official is in a situation of risk
preventing her from exercising the jurisdictional authority invested in her to administer
justice within her sphere of competence.90
84.
In light of the above, the Ombudsman concluded that (i) the right to order and security had
been violated to the detriment of Mrs. Villaseñor "by unknown persons, since her independence within the
administration of justice in Guatemala has been impaired"; and (ii) "there is sufficient circumstantial evidence
to hold the Government of the Republic of Guatemala responsible for those violations, due to its failure to
guarantee and protect the security of its inhabitants and for omitting to perform its duties."91
85.
Mrs. Villaseñor declared to the Civilian National Police that in 2012 she had received at least
four text messages "containing around five lines the letter p... combing from an unknown number."92
86.
The petitioners reported that in 2013 Mrs. Villaseñor was working as a pro tempore judge in
the Court of Appeals.93
D.
Regarding the investigations conducted
87.
With respect to the occurrences in 1994, the petitioners stated that Mrs. Villaseñor had
complained about them.94 For its part, the State acknowledged that, regarding the occurrences in 1994, Mrs.
Villaseñor had filed complaints with the Office of the Prosecutor General of the Republic (Fiscalía General de
88
Resolution issued by the Human Rights Ombudsman, on March 12, 2009. Attached to the petitioners' communication of May
89
Resolution issued by the Human Rights Ombudsman on March 12, 2009. Attached to the petitioners' communication of May
90
Resolution issued by the Human Rights Ombudsman on March 12, 2009. Attached to the petitioners' communication of May
91
Resolution issued by the Human Rights Ombudsman on March 12, 2009. Attached to the petitioners' communication of May
7, 2014.
7, 2014.
7, 2014.
7, 2014.
92 Minutes No. 089/-2012 of the Directorate-General of the Civilian National Police. Attached to the State’s communication of
October 9, 2015.
93
Precautionary measures file. State’s communication of November 23, 2012.
94
Petitioners’ communication of September 20, 1994.
14