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Publicado el 31 Agosto 2023

Public Ministry (MP) continues to conduct proceedings for Case «Illegal Criminal Prosecution Phase I»

On Monday, August 28, the Internal Affairs Prosecutor’s Office carried out four raids, for inspection, search and seizure of evidence in properties located in zone 5 of Guatemala City and in the municipalities of San Miguel Petapa and Mixco, in the Guatemala department, as follow up to Case «Illegal Criminal Prosecution Phase I».

The purpose of these proceedings was to execute arrest warrants issued by a judge against Public Ministry former officials or employees, such as Juan Francisco Sandoval Alfaro, Eva Siomara Sosa Pérez and Claudia González Orellana from the Special Prosecutor’s Office against Impunity (FECI) and the International Commission against Impunity (CICIG), accused of possibly committing the crime of Abuse of Power, as defined in Article 418 of the Guatemalan Criminal Code.

In accordance with the legal competence provided by Article 30, Numeral 19 in the Public Ministry´s Organic Law, the Internal Affairs Prosecutor’s Office proceeded to request the arrest warrants against such individuals, in relation to the crime of Abuse of Authority, which they constantly practiced in their former positions, carrying out and/or allowing illegal acts to the detriment of the public administration and targeting another public official, specifically attorney Blanca Aida Stalling Dávila, Magistrate of the Guatemalan Supreme Court of Justice.

As a result of the investigation, it was determined that within the constituted documentation presented on January 11, 2017, to motivate the removal of judicial immunity for Judge Stalling Dávila; petitioned one day after the complaint was received, there were findings of existing paperwork that revealed that the investigation proceedings were initiated right before the complaint was even filed and prior to her judicial immunity withdrawal.

In addition to the aforementioned, CICIG personnel composed and presented reports to execute proceedings without a preliminary authorization from a competent judge as established in Article 24 of the Political Constitution of the Republic of Guatemala, nor did they follow any legal procedure on practicing the necessary precautions for the collection and preservation of evidence.

Moreover, this international entity accomplished an illegal intervention, in spite of the fact that on February 2, 2017, it requested to open an investigation by FECI, forcibly interfering from the very beginning in this irregular investigation, by taking in the complaint directly at its headquarters.

Therefore, through such actions, the methods and procedures established by law for the presented judicial immunity removal, were completely disrespected during the investigation proceedings, critically infringing on the principle of legality by allowing the arbitrary intervention of an international entity and its personnel to not comply with any of the procedures established in its Creation Agreement, thus violating the Constitutional Right of Self-Defense, additionally, depriving her from the right to a procedural due process.

As a result of the proceedings, it was successfully coordinated with the National Civil Police (PNC), the apprehension of Guatemalan lawyer Claudia González Orellana, and the seizure of three firearms. Additionally, the cash amount of Q. 40,000.00, located at the property in San Miguel Petapa, unable to justify their origin.

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