During a press conference led by Secretary-General, Mr. Ángel Pineda, Anti-Corruption Secretary, Mr. Estuardo Ávila, Section Prosecutor, Mr. Rafael Curruchiche from the Special Prosecutor’s Office against Impunity (FECI) and FECI Prosecutor, Mrs. Leonor Morales, the findings of the investigation were unveiled.

Secretary-General, Mr. Ángel Pineda, underscored the importance of conveying the compelling results derived from an objective, impartial, and law-abiding investigation conducted by FECI.

«Today is a historic day for our country’s democratic institutions; today is the day when evidence and data will prevail over narratives. We are disclosing the results of several months of investigation with technical and legal responsibility, not political.»

He noted that the case comprises three phases where the Public Ministry has relied on technical and scientific entities like INACIF, the Special Verification Office, the National Registry of Persons, and the Supreme Electoral Tribunal. Indications and evidence have been generated through an objective criminal investigation.

Mr. Pineda expressed gratitude for the courage of prosecutors who, despite facing attacks on their integrity and families, have continued their work professionally and legally.

«Guatemala deserves brave and committed prosecutors; their work is a fundamental pillar for democracy and the rule of law. We will not relent in seeking justice and the proper application of the law, even though groups have unsuccessfully attempted to reform our organic law to diminish institutional capacities and even tried to prevent access to our facilities, hindering the prosecution’s work to the detriment of thousands of victims seeking justice daily.

They also attempted to hijack the economy, freedom, and fundamental rights such as access to clean water, health, and education through illegal blockades, extortionate charges, and multiple crimes currently under investigation.»

It is a fallacy that the Public Ministry intends to alter electoral results or has violated the popular will. We reject all these false and malicious narratives that solely aim to confuse, misinform, distort facts, and prevent the presentation of the results of the conducted investigation.

It is regrettable that even some justices of the Supreme Electoral Tribunal (TSE), who should be guardians of electoral integrity, have joined these spurious and malicious narratives, attempting to confuse public opinion. However, given the results obtained, the attacks and obstructions against our fellow prosecutors by the electoral authority do not surprise us.

Initially, these magistrates, four of whom were impeached by the Congress of the Republic, questioned our legal mandate by raising a competency issue before the Constitutional Court. However, the highest constitutional tribunal confirmed that our actions are legitimate when investigating electoral offenses, as stated in the relevant law, Article 251.

To the thousands of volunteers, we express our appreciation for their civic participation and applaud the work done during the electoral event. Their effort has been remarkable, dignified, and, above all, a bulwark for democracy.

Hence, the illicit acts revealed today through this investigation cannot be attributed to courageous, patriotic citizens committed to democracy.

Unfortunately, the people of Guatemala have fallen victim to a perverse and unscrupulous criminal structure that, driven by a thirst for power, has undermined democracy and the good faith of an entire nation. Regardless of the consequences, this structure is determined to prevent the truth from being known.

The people of Guatemala do not deserve to be deceived; it is not fair, it is not right, and we will not allow it. As the Public Ministry, we want to emphasize that one of our legal obligations is to prevent further consequences of the crimes committed and assess the damage caused by punishable acts. That’s why the results presented today will be communicated to various institutions for them to decide what is legally appropriate.

Respecting their respective legal mandates, we will especially send a copy to the Supreme Electoral Tribunal (TSE) in compliance with the recommendation made by the Constitutional Court to all entities with responsibilities in the current situation, as per the recent ruling dated October 5, 2023, within file 5602-2023.

To the international community, we want to convey a clear and resolute message: the Public Ministry adheres to the Political Constitution of the Republic of Guatemala and the country’s current laws, submitting to national courts.

We have vehemently rejected and will continue to reject any abusive insinuation through the interference of foreign entities or individuals with the illegal purpose of hindering the investigation of crimes that, by legal mandate, we are obligated to clarify.

We hereby reserve the right to take legal action in the realm of international public law, as established by the Vienna Convention on Diplomatic Relations and treaties and international agreements ratified by the state of Guatemala.

As the prosecuting body of the state, we will remain strong and steadfast in our work; we will not step back because our accountability is to God and the people of Guatemala. We have the confidence to act transparently, and we will continue to fulfill our legal and constitutional duties with utmost respect for democracy, human rights, and the legal framework of the Republic of Guatemala.

«In conclusion, the truth must be known above all else; not doing so is corruption, promoting impunity,» concluded Mr. Ángel Pineda.

Mr. Rafael Curruchiche highlighted that the courageous work of the prosecutors of the Public Ministry, especially from FECI, is being presented to the people of Guatemala.

Despite threats, including death threats, coercion, and blockades, as indicated by open sources of information allegedly funded by another country, the people of Guatemala deserve to know the truth. Within the framework of our constitutional functions, that is why we are here today.»

Mrs. Leonor Morales, FECI Prosecutor, referred to the investigation of the Case Corruption Semilla – Phase I.

She recalled that the investigation began on July 14, 2022, after a citizen reported to the Public Ministry that they had been illegally affiliated with the political party Movimiento Semilla.

The citizen filed a complaint with the Supreme Electoral Tribunal (TSE) on May 18, 2022. However, on May 24, 2022, the TSE responded that they could not process the complaint as it was beyond their scope and powers, and they did not forward it to the appropriate authority for the corresponding procedure. In other words, the TSE neglected its duty to file the complaint.

The Public Ministry conducted the necessary investigations, including a request for handwriting analysis from INACIF, which revealed that the handwriting voluntarily provided by the complainant did not correspond graphically to the signature on line five of the adhesion sheet of the pro-formation committee of the Semilla party, meaning the letter and signature were forged.

Various useful and relevant investigative procedures have been carried out in connection with the reported incident, including taking testimonial statements.

However, with knowledge of the related offenses, in a manner indicating deliberate conduct and full awareness of the matter, Samuel Andrés Pérez Álvarez, who then served as Secretary-General of the political party Movimiento Semilla, appeared to request the registration of the party with the Electoral Registry of the TSE. Also, with full knowledge of the illicit acts occurring in the presented documents, the TSE registered the party, thereby participating in the committed crimes, without which the participation of the Movimiento Semilla in politics would not have been possible. Due to the nature of the falsities committed in its formation, the party did not meet the legal requirements for registration.

On March 14, 2023, the political party Movimiento Semilla, upon being discovered and aware of the investigation into the related events, filed a complaint. The candidate for the presidency of the said party, César Bernardo Arévalo De León, in his capacity as Secretary-General of the National Executive Committee and Legal Representative of the Political Party Movimiento Semilla, accused Jaime Gabriel Gudiel Arias of the investigated acts.

He attached to his complaint a document intended to be presented as a “Collective Membership Contract,» concluded between the political party Movimiento Semilla, signed by Alberto Sánchez; Samuel Pérez; and the «affiliation team» of Iliana and Ashley Gudiel, even without meeting the legal requirements to be called a contract. This «contract» also had the anomaly of being signed only by Iliana Gudiel and not by the accused. This «contract» aimed to recruit individuals, stating that Movimiento Semilla paid seven quetzales per collected signature.

The Oversight Judge ordered the Secretary-General of the Political Party Movimiento Semilla to deliver both documents to the Public Ministry in original within 48 hours. The requirement was handed over to lawyer Hugo Bautista on July 21, 2023, and until the present date, the order of the Oversight Judge has been disobeyed. Consequently, the Overseeing Judge certified the relevant actions against whoever is responsible for such disobedience and obstruction of justice.

However, César Bernardo Arévalo De León, in his capacity as Secretary-General of the National Executive Committee and Legal Representative of the Political Party Movimiento Semilla, was negligent and evasive in reporting Cinthya Alejandra Rojas Donis, even though she declared under oath that the data contained in the adhesion sheets is truthful. This not only reveals the intention to cover up the responsibility and participation of the mentioned person in the reported events but also the desire to pursue only individuals selected by him.

The prosecutor mentioned that today, the requests for the removal of immunities was submitted against César Bernardo Arévalo De León and Samuel Andrés Pérez Álvarez, who hold the position of Deputies to the Congress of the Republic.

In addition, the arrest of:

1. Jaime Gabriel Gudiel Arias
2. Cynthia Alejandra Rojas Donis

was requested for the crimes of ideological falsehood with aggravated electoral charges in a continuous manner. They are currently declared as REBELS by the Judge overseeing the process.

She added that within the Adhesion Sheets, various illicit situations were found that the Electoral Registry of the Supreme Electoral Tribunal, in accordance with the provisions of Article 60 of the Electoral and Political Parties Law, maliciously omitted in favor of the Pro-Formation Committee of the Political Party Movimiento Semilla, by failing to «confirm the truthfulness and accuracy of the information contained in each of them.» Likewise, the Electoral Registry once again omits to purge them within a period of 15 days.

If all the illegalities committed for the adhesion of individuals to the pro-formation committee had been rectified, it would have had a total of 16,124 adherents. With this number, it could not have been established as a political party; therefore, it would not have come into legal existence.

In this case, the first condemnatory sentence has already been issued.

Mr. Rafael Curruchiche addressed Phase II, referred to as Unregistered Electoral Financing and Money Laundering, recalling that 2019 was an election year, marking the party’s first participation in the process. Following FECI’s requests, a financial report covering January 1 to December 31, 2019, was submitted.

The financial audit revealed findings related to compliance with applicable laws and regulations, as well as deficiencies in internal control. For this case, a request for the removal of immunity (antejuicio) was filed against Samuel Andrés Pérez Alvarez and Ligia Iveth Hernández Gómez for potential offenses related to electoral fund oversight and unregistered electoral financing.

Furthermore, within this investigation, there is an origin related to a suspicious transaction report. Hence, a request to lift the immunity (antejuicio) was presented against César Bernardo Arévalo De León for potential involvement in the crime of money laundering or other assets.

Mr. Curruchiche stated that the Public Ministry will request the tracing of the amount of money as its origin could not be established.

Finally, the third case presented by Mrs. Leonor Morales, FECI’s Prosecutor, was titled «Illegalities Committed by the Supreme Electoral Tribunal in the 2023 Electoral Process.»

She pointed out that, as a consequence of the raids carried out on September 12 and 29 at the COPE and the Supreme Electoral Tribunal, it was established that illegalities occurred in the safeguarding of the ballot boxes.

The Public Ministry found that the document 4, which records the data of votes obtained by candidates, was missing from these boxes.

It was also determined that there was no uniformity in the formats used.

These findings, combined with other described findings, indicate opacity in the actions of the magistrates of the Supreme Electoral Tribunal. Their lack of transparency, by omitting the publication of all issued agreements, facilitated the commission of crimes against the electoral process. The deliberate omission to publish the agreements in accordance with the law allowed a series of actions that likely enabled them to issue agreements later to endorse illegal actions.

This lack of transparency and illicit behavior by the authorities of the Supreme Electoral Tribunal involved in such actions reveal a lack of honesty and respect towards the Voting Reception Boards whose actions were honest and transparent. The Public Ministry expresses its gratitude and respect for the citizens who, trusting in the supposed honesty of the Supreme Electoral Tribunal, performed their functions correctly and diligently.

In this case, an arrest warrant was requested against Jorge Salvador Santos Neill, Director of IT at the TSE, for the crimes of abuse of authority and material falsehood with aggravated electoral circumstances. Alejandra María Chiroy Castro, Director of the Department of Citizen Registration and Voter Registry, faces an arrest warrant for the crime of abuse of authority.

The information obtained at this point reflects:

– Illegal preloads of information into the system, detail that on one occasion, an Electoral Computer Specialist from a political party had accused.

Therefore, all loads made before 6:00 PM are illegal and fraudulent data, as it is evident that they do not represent the popular will since they were uploaded to the system when many Guatemalans had not even voted.

These facts, brought to the knowledge of the people of Guatemala, are the result of an objective, meticulous, and scientific investigative process that has followed its course according to due process. The purpose is to establish criminal responsibilities for those involved in their commission, as that is the constitutional mandate entrusted to the Public Ministry.  Thus, faithful compliance has been given to the exercise of criminal action.

The information shared with the people of Guatemala is the result of an objective, meticulous, and scientific investigative process that has followed its course in accordance with due process. The purpose is to deduce the criminal responsibilities of those involved, as this is the constitutional mandate entrusted to the Public Ministry. Therefore, faithful compliance has been given to the exercise of criminal action. FECI presents an investigation in three phases related to the Case Corruption Semilla.

However, the facts made known to the people of Guatemala also have consequences for other Electoral Administrative Institutions of the State. Upon being officially informed, these institutions must fulfill their functions and legal duties within their competence, taking appropriate actions to prevent further consequences of the investigated crimes. All public officials have the duty to ensure compliance with the law and, as stated, the obligation to prevent the investigated crimes from causing further and irreparable consequences.