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Guatemalan Fugitives and Indicted Former Officials to Speak in Geneva

Ilustración por Milton Argueta
Rafael P. Palomo
23 de junio, 2024

This Monday, June 24, the forum “Six Months of Arévalo’s Government in Guatemala: Advances and Challenges in the Judicial Sector” will take place in Geneva, with former officials who shaped the current justice system.

Overview. The event will bring together former High-Risk Court Judge Miguel Ángel Gálvez; former Attorney General of the Public Ministry (known as MP in Spanish), Claudia Paz; former prosecutor of the Special Prosecutor’s Office against Impunity (known as FECI in Spanish), Xiomara Sosa; and former head of the International Commission against Impunity in Guatemala (known as CICIG in Spanish), Claudia González. All of them are noted for their work during CICIG’s active period. Both Gálvez and Paz fled the country to avoid criminal prosecution.

  • Both claim they are victims of retaliation; they are avoiding a judicial system they helped to consolidate.

    SUSCRÍBASE A NUESTRO NEWSLETTER DE POLÍTICA

Archive. Between 2007 and 2019, CICIG operated in Guatemala to dismantle illegal and clandestine security organizations (CIACS in Spanish). During its tenure, CICIG promoted justice system reforms, including the creation of FECI (2008) and High-Risk Courts (2009). CICIG, together with MP-FECI and the High-Risk Courts, consolidated a judicial framework that strengthened the commission and justified the extension of its mandate through high-profile and politically charged cases.

  • Many cases investigated by CICIG were marred by irregularities and violations of the right to defense, aligning all judicial instances with CICIG’s agenda.

Between the lines (I). In November 2022, Gálvez resigned and left the country, claiming to be a victim of persecution for his rulings in CICIG-investigated cases. Gálvez argued that his right to defense was compromised. Throughout his career, the judge played a key role in imprisoning former military personnel in cases such as “Diario Militar” and “Sepur Zarco,” as well as the “La Línea” and “Cooptación del Estado” cases involving former President Otto Pérez Molina and former Vice President Roxana Baldetti.

  • Gálvez left the country after losing his immunity from prosecution.

  • The former judge is accused of abuse of authority, failure to fulfill duties, issuing unjust rulings, and illegal detentions.

  • Additionally, he is accused of abusing —illegal— pretrial detention, keeping defendants in preventive custody for excessive periods.

Between the lines (II). In 2011, while leading the MP, Claudia Paz ordered “specific and selective” criminal prosecution against former military personnel, accusing them of human rights violations during the internal armed conflict. This violated the principle of non-retroactivity, prosecuting individuals for acts allegedly committed in 1987, even though the crime of “crimes against humanity” — for which they were prosecuted — was only enacted in June 1996.

  • In 2022, a complaint was filed against Claudia Paz for abuse of authority, torture, usurpation of powers, and simulation of crime.

  • Currently, Claudia Paz lives outside Guatemala, like Gálvez. Both refuse to face the judicial processes initiated against them.

On the radar (I). Xiomara Sosa has been accused of irregularities in the Odebrecht case, on which she worked during her time at FECI. In 2021, the Internal Affairs Prosecutor’s Office accused her and former FECI chief Juan Francisco Sandoval of negotiating a collaboration agreement anomalously with officials from the corrupt Brazilian construction company. In February 2022, Sosa was arrested and prosecuted for obstruction of justice and collusion, although the first charge was dismissed for lack of merit.

  • While the details of the accusation — which is under seal — are unknown, it is related to attempts by Sosa and her lawyer Leily Santizo to anomalously transfer the Odebrecht file to Judge Erika Aifán, who is known for manipulating judicial processes in favor of the MP and CICIG.

On the radar (II). Claudia González was sent to trial this year for allegations of abuse of authority. In 2023, Supreme Court Justice Blanca Stalling filed a complaint against González for ordering irregular procedures against her in a 2017 case related to the IGSS-Pisa case. González, from CICIG and with FECI’s support, pushed for an investigation against a Supreme Court Justice, despite her immunity.

  • Both González and Sosa are facing their processes in Guatemala, unlike Gálvez and Paz. Lower-level prosecutors remained in the country, while judges and heads of prosecutorial offices fled.

In conclusion. The participants of the discussion in Geneva will comment on the state of a judicial system whose main flaws they helped to create. No new laws have been passed that would justify their claims of persecution. Their argument seems to be that only they can dispense “justice.”

SUSCRÍBASE A NUESTRO NEWSLETTER DE POLÍTICA

Guatemalan Fugitives and Indicted Former Officials to Speak in Geneva

Ilustración por Milton Argueta
Rafael P. Palomo
23 de junio, 2024

This Monday, June 24, the forum “Six Months of Arévalo’s Government in Guatemala: Advances and Challenges in the Judicial Sector” will take place in Geneva, with former officials who shaped the current justice system.

Overview. The event will bring together former High-Risk Court Judge Miguel Ángel Gálvez; former Attorney General of the Public Ministry (known as MP in Spanish), Claudia Paz; former prosecutor of the Special Prosecutor’s Office against Impunity (known as FECI in Spanish), Xiomara Sosa; and former head of the International Commission against Impunity in Guatemala (known as CICIG in Spanish), Claudia González. All of them are noted for their work during CICIG’s active period. Both Gálvez and Paz fled the country to avoid criminal prosecution.

  • Both claim they are victims of retaliation; they are avoiding a judicial system they helped to consolidate.

    SUSCRÍBASE A NUESTRO NEWSLETTER DE POLÍTICA

Archive. Between 2007 and 2019, CICIG operated in Guatemala to dismantle illegal and clandestine security organizations (CIACS in Spanish). During its tenure, CICIG promoted justice system reforms, including the creation of FECI (2008) and High-Risk Courts (2009). CICIG, together with MP-FECI and the High-Risk Courts, consolidated a judicial framework that strengthened the commission and justified the extension of its mandate through high-profile and politically charged cases.

  • Many cases investigated by CICIG were marred by irregularities and violations of the right to defense, aligning all judicial instances with CICIG’s agenda.

Between the lines (I). In November 2022, Gálvez resigned and left the country, claiming to be a victim of persecution for his rulings in CICIG-investigated cases. Gálvez argued that his right to defense was compromised. Throughout his career, the judge played a key role in imprisoning former military personnel in cases such as “Diario Militar” and “Sepur Zarco,” as well as the “La Línea” and “Cooptación del Estado” cases involving former President Otto Pérez Molina and former Vice President Roxana Baldetti.

  • Gálvez left the country after losing his immunity from prosecution.

  • The former judge is accused of abuse of authority, failure to fulfill duties, issuing unjust rulings, and illegal detentions.

  • Additionally, he is accused of abusing —illegal— pretrial detention, keeping defendants in preventive custody for excessive periods.

Between the lines (II). In 2011, while leading the MP, Claudia Paz ordered “specific and selective” criminal prosecution against former military personnel, accusing them of human rights violations during the internal armed conflict. This violated the principle of non-retroactivity, prosecuting individuals for acts allegedly committed in 1987, even though the crime of “crimes against humanity” — for which they were prosecuted — was only enacted in June 1996.

  • In 2022, a complaint was filed against Claudia Paz for abuse of authority, torture, usurpation of powers, and simulation of crime.

  • Currently, Claudia Paz lives outside Guatemala, like Gálvez. Both refuse to face the judicial processes initiated against them.

On the radar (I). Xiomara Sosa has been accused of irregularities in the Odebrecht case, on which she worked during her time at FECI. In 2021, the Internal Affairs Prosecutor’s Office accused her and former FECI chief Juan Francisco Sandoval of negotiating a collaboration agreement anomalously with officials from the corrupt Brazilian construction company. In February 2022, Sosa was arrested and prosecuted for obstruction of justice and collusion, although the first charge was dismissed for lack of merit.

  • While the details of the accusation — which is under seal — are unknown, it is related to attempts by Sosa and her lawyer Leily Santizo to anomalously transfer the Odebrecht file to Judge Erika Aifán, who is known for manipulating judicial processes in favor of the MP and CICIG.

On the radar (II). Claudia González was sent to trial this year for allegations of abuse of authority. In 2023, Supreme Court Justice Blanca Stalling filed a complaint against González for ordering irregular procedures against her in a 2017 case related to the IGSS-Pisa case. González, from CICIG and with FECI’s support, pushed for an investigation against a Supreme Court Justice, despite her immunity.

  • Both González and Sosa are facing their processes in Guatemala, unlike Gálvez and Paz. Lower-level prosecutors remained in the country, while judges and heads of prosecutorial offices fled.

In conclusion. The participants of the discussion in Geneva will comment on the state of a judicial system whose main flaws they helped to create. No new laws have been passed that would justify their claims of persecution. Their argument seems to be that only they can dispense “justice.”

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