The Public Ministry of Guatemala (MP), through the Administrative Crimes Prosecutor’s Office, collaborated with the Guatemalan National Civil Police to apprehend Mr. David Napoleón Barrientos Girón on potential charges of dereliction of duties and disobedience.

#Raids #PMStrongandFirm
The Administrative Crimes Prosecutor's Office in coordination with @PNCdeGuatemala develops two diligences of raids in zones 16 and 17 of the capital city in follow-up to investigations.

We will expand further details. pic.twitter.com/bSN9mcCqwi

— MP de Guatemala (@MPGuatemala_EN) January 12, 2024

The research established that Barrientos Girón, in his capacity as Minister of the Interior, omitted acts inherent to his role related to enforcing the legal framework concerning maintaining peace and public order, the security of individuals and their property, and guaranteeing their rights. This included the execution of orders and judicial resolutions, notably failing to comply with the resolution dated March 16, 2023, issued by the Constitutional Court of Guatemala (CC), which was duly notified to the Ministry of the Interior on the same date.

These directives were reiterated in the resolution dated June 21, 2023, issued by the CC as an Extraordinary Tribunal for Legal Protection, within file 1322-2023, also notified to the Ministry of the Interior under his charge on June 21, 2023.

Furthermore, due to non-compliance with the CC’s rulings, on October 11, 2023, the CC issued a resolution within file 1322-2023, notified to the Ministry of the Interior on that date, related to assistance for proper execution dictated by the CC on March 16, 2023, within the aforementioned file promoted by the Human Rights Ombudsman.

Finally, on October 18, 2023, the Constitutional Court, acting as an Extraordinary Tribunal for Legal Protection, issued a resolution within file 1322-2023, stating in Consideration III: «… That it is the responsibility of the questioned authorities to implement the guidelines dictated by this Court in the judgment of June twenty-one, two thousand twenty-three, and the order of October eleven, two thousand twenty-three, to disperse blockades and disturbances to public order that, contrary to the Constitution and Law, restrict the legitimate exercise of the functions of state entities… In this case, it is a public and notorious fact that, in the context of the demonstrations, access to the main headquarters of the Public Ministry of Guatemala, located in Barrio Gerona, has been blocked, a situation that the denounced authorities should have resolved in compliance with the judgment and the order of due execution issued in this file. The facts show, in a notorious manner, that the lack of access persists, confirming that the rulings of this Court have not been effectively complied with, and the authorities directly responsible for executing security measures are to blame.»

For this reason, the Constitutional Court concluded that there was non-compliance and, therefore, disobedience by the official who served as the Minister of the Interior by not fully, effectively, and without excuses complying with the resolutions of the CC through suitable actions.

In the same resolution, the pertinent information was certified to the Public Ministry regarding the non-compliance of the former Minister of the Interior. In this regard, today’s proceeding resulted in the arrest of Mr. David Napoleón Barrientos Girón.

Guatemala, January 11, 2024.