IACHR urges the United States to safeguard judicial independence and prevent retaliation against justice officials

November 5, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) expresses its concern over recent developments in the United States, which suggest a growing pattern of reprisals, intimidation, and violations of due process affecting justice operators and perceived political opponents. Such developments could undermine institutional independence, weaken the rule of law, and are out of place in a country which holds itself out as promoting individual freedoms and democratic values.

The Commission has received information regarding statements and measures adopted by State officials that appear to target individuals as apparent retaliation for the fulfillment of their prosecutorial functions, based on perceptions of their political affiliation or perceived opposition to government policies. Reported incidents of public knowledge include statements by senior officials directing investigations or prosecutions against specific individuals, dismissals of career prosecutors and other public officials without established merit-based or procedural safeguards, and threats of job loss linked to political affiliation or perceived loyalty rather than merit or objective criteria.

The IACHR recalls that reprisals and threats against justice officials, prosecutors, and other public servants are particularly serious, as they are fundamentally unjust and may intimidate and instill fear—not only among those directly targeted but also among other members of the justice system. Such actions erode public trust in the State institutions responsible for administering and delivering justice and guaranteeing equal treatment, thereby undermining the rule of law and democratic governance. Any form of political control over the activities of justice officials based on discretionary or politically motivated criteria is inherently incompatible with the guarantees of independence and impartiality that, under international law, must be observed in all disciplinary proceedings.

The grounds for disciplinary investigations or sanctions imposed on a justice official should never include a legal opinion or judicial decision adopted in the exercise of their official functions, according to international human rights standards. In all circumstances, any disciplinary or administrative action taken for conduct-related reasons must respect the principle of legality and the guarantees of due process.

Considering these concerns, the Commission urges the United States to ensure that justice officials and public servants can perform their functions free from intimidation, interference, or discrimination. The IACHR further calls upon the State to prevent the improper use of criminal law and proceedings as a way to restrict judicial personnel from operating independently and to guarantee full respect for due process rights in all proceedings and to ensure that employment decisions in the public sector are based exclusively on objective and transparent criteria, free from political influence or retaliation.

The Commission recalls the United States’ tradition of advocacy for representative democracy, individual liberties, and the rule of law, domestically and internationally.

The IACHR reaffirms its commitment to maintaining constructive dialogue and cooperation with the United States, consistent with its mandate to promote and protect human rights throughout the hemisphere. The Commission will continue to monitor developments in the country through its relevant mechanisms.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

*This press release was duly notified to the State. Owing to the ongoing government shutdown, authorities were unable to submit its observations within the timeframe established under the applicable protocol. The IACHR will consider any comments that may be received subsequently and will incorporate them, as appropriate, into an updated version, to be re-circulated through official channels.

No. 225/25

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