People of Guatemala,

I want to inform you that, in response to the letter dated January 18 of this year, signed by the President of the Republic, Bernardo Arévalo de León, we will be providing a response to the aspects outlined in it, adhering to the principle of legality, a fundamental pillar of our legal framework. We will make this information public on our social media channels to keep the population informed, in line with the spirit of accountability to the citizens.

It is important to state categorically and emphatically that, in accordance with the provisions of the Political Constitution of the Republic of Guatemala, the Organic Law of the Public Ministry, and other current legal norms, the Public Ministry is not subject to any branch of the State, as it is an autonomous and independent institution, guaranteeing thereby the non-intervention of any authority in the exercise of its functions.

In this regard, the Constitutional Court has pronounced in repeated rulings, establishing that in accordance with the mandate contained in Article 251 of the Political Constitution of the Republic of Guatemala, the Public Ministry is governed by fundamental principles, including those of legality, hierarchy, and functional autonomy. Considering that functional autonomy implies that, in the exercise of its functions, the Public Ministry is not subordinate to any authority.

In the same vein, Article 8 of the Criminal Procedure Code establishes that the Public Ministry enjoys full independence for the exercise of criminal action and investigation, and no authority can instruct the Chief of the Public Ministry or their subordinates regarding the manner of conducting the criminal investigation or limit the exercise of action, except for the powers conferred by law to the courts of justice. The exercise of the constitutional autonomy, moreover, is further developed in Article 3 of the Organic Law of the Public Ministry, which regulates that the Public Ministry will act independently, on its own initiative, and in compliance with the functions attributed by laws without subordination to any of the state entities or authorities.

In that line of thought, from the legal and jurisprudential perspective, the Attorney General of the Republic and the personnel of the Public Ministry will only act in accordance with the powers and attributes legally conferred. Consequently, attending summonses, invitations, or meetings to discuss ongoing investigations of the Public Ministry would be a violation of the current constitutional and legal regulations, as all officials are custodians of authority, responsible for their official conduct, subject to the law, and never superior to it.

Similarly, in the face of various public statements and the attempted request for my resignation, today I want to send a clear and assertive message to the people of Guatemala and the President of the Republic, letting them know unequivocally that I respect the laws of the country and will therefore fulfill the constitutional mandate of four years, for which I was re-elected; consequently, I will not resign.

In virtue of the foregoing, the Political Constitution of the Republic is clear on this matter and establishes a legally determined mandate that I must fulfill to the fullest, so you, as the highest authority of the nation, must respect what the Magna Carta and the laws of the country dictate. In the same sense, the Constitutional Court has expressed that the constitutional provision of the four-year term for the position of Attorney General of the Republic and Chief of the Public Ministry should not coincide with the term of the presidency to guarantee the autonomy and independence of the Public Ministry.

My actions have always been carried out in strict compliance with the law, contributing to the strengthening of the rule of law in the country, which has represented a historical reinforcement of the Public Ministry, a fact that was reaffirmed when I was re-elected as the Attorney General of the Republic and Chief of the Public Ministry, and with clear and verifiable results, I want to reiterate that I will spare no effort to ensure that the Public Ministry remains strong and steadfast in its investigations, with a sole purpose: the pursuit of truth.

Mr. President, both of us have fundamental roles to fulfill, and we must work for the good of our country within the framework of our respective responsibilities. As a legal professional, I have always been and will continue to be respectful of the law, firmly fulfilling my obligations, likewise, I urge you to respect the Constitution, the law, and all court resolutions, including the resolution of the Constitutional Court that denied a constitutional challenge related to Article 14 of the Organic Law of the Public Ministry, as any action to the contrary may be illegitimate, undemocratic, and a clear obstruction to criminal prosecution and justice, which do not contribute to transparency, the strengthening of institutions, the rule of law, or benefit the Guatemalan population.

Therefore, Mr. President, I urge you to move beyond your anticorruption rhetoric and turn it into a reality for the Guatemalan citizens, since the Public Ministry is the natural entity according to the law for you or your officials to responsibly file complaints with supporting evidence regarding any act of corruption. These will be investigated without any exception, as the Public Ministry has investigated and continues to investigate all reports brought to its attention

Guatemala, january 24, 2024