Otto Pérez Molina and Roxana Baldetti, former president and former vice president, were sentenced to serve 16 years in prison on Wednesday, December 7. The two of them and 17 other people were found guilty in the La Línea case. Analysts consider that the resolution is positive, since it was issued in the midst of a “completely co-opted” justice system.
High Risk Court B declared the existence and operation of a criminal network that defrauded the country’s customs system between 2012 and 2015. In total, the Public Ministry (MP) accused 29 suspects, but after its analysis, the judiciary estimated acquit 10 and punish 19.
The investigation and prosecution was carried out by the Special Prosecutor’s Office against Impunity (FECI) together with the extinct International Commission against Impunity in Guatemala (CICIG).
The Court, made up of judges Jeannette Valdés, president, and Katty Sarceño and Marling González, members, listened to the statements of witnesses and experts for more than 10 months, and studied the evidence that the body in charge of criminal prosecution showed, as well as the defending.
That resolution leaves the table set for the appeal that their lawyers are already preparing, since if there was no illicit enrichment, why would they associate to defraud? #EditorialLH https://t.co/OLE8QKBjnE
– La Hora newspaper (@lahoragt) December 8, 2022
Given the verdict against the former officials, La Hora consulted with analysts who indicated that the country’s justice system is “highly weakened” and despite not obtaining the expected sentence, it sets a precedent and it is time to continue watching the process and how they will seek to appeal to the sentence.
WONG: THE JUDGMENT SETS A PRECEDENT
For the political scientist and independent analyst Jorge Wong, it is something positive that they have handed down a sentence against Pérez Molina and Baldetti “in the way the legal system is currently in Guatemala.”
“We see that those who have open criminal proceedings come out with a substitute measure or dismissed (when the closure of the case is ordered),” he mentioned in reference to the events in which former officials and politicians of the different governments have benefited.
Given the sentence imposed on the two ex-dignitaries, he expressed: “I consider that it is a correct precedent that justice has been set in this way.”
Wong indicated that “it is valid if they file an appeal”, since they are within their rights; however, he pointed out that those who “must see are the judges and what they decide.”
“I am sure that the people of Guatemala will be aware of this. Now it is up to the citizens how the process is being carried out and what they do ”, he indicated.
Lastly, he said that “the justice system in Guatemala was co-opted and now it is completely co-opted”, likewise, he stated that “judges, good or bad, deliver accounts. That will be seen later.”
MARTÍNEZ: THE JUDGE’S ARGUMENTS IS HER LETTER OF PRESENTATION
José Manuel Martínez, from Alianza por las Reformas, stated that “the sentence is partially positive” and considered that the sentence is due “to the CICIG and the old FECI, as well as to those who came out to demonstrate in 2015 to get the authorities to resign.” government of that time.
He also said that the current conditions of the justice system did not make it possible to see a ruling like the one that was issued.
“This sentence is achieved despite the MP and a justice system that has been fully co-opted, so the sentence is given thanks to the fact that there is still some pressure and modesty on the part of the judges not to be shameless,” he said.
The former financial manager of elPeriódico accepted the Acceptance of Positions Law. Here what happened: https://t.co/u08lLnocix
– La Hora newspaper (@lahoragt) December 8, 2022
In addition, he agreed with Wong that favoring those accused of corruption has been seen and mentioned some, among them: former judge Mynor Moto, former congressman Estuardo Galdámez, former minister Alejandro Sinibaldi and former presidential candidate Manuel Baldizón.
“It is unfortunate that they have not handed down a sentence for the crime of illicit enrichment, because the evidence is enough,” he said and assured that “it was one of the most solid cases” despite the narrative that Baldetti and Pérez Molina handled in the trial and in his statements to the press.
Regarding the judge’s remarks, he opined that “she went too far, because it has nothing to do with the sentence and the case.”
“I believe that these types of fallacious arguments are increasingly repetitive and it seems that they use it as a cover letter. Their accreditation to make points and show the system that they are related, ”he analyzed Valdés’s argument.
ORTIZ: THEY MUST PROVE THAT THERE WAS AN ERROR IN THE APPEAL
For the constitutional lawyer Edgar Ortiz, the case was complex from its beginning, and it has been until the stage in which it finds itself.
“It is a complex case with many defendants. It should be noted that it is complex due to the size of the defendants and the size of the operation. The difficult thing for prosecutors is the evidence that has to be collected,” he said.
Regarding the outcome of the sentences, he stated: “Demonstrating that a structure for collecting bribes, such as the one described in the judicial file, reached the leaders, was difficult; however, they managed to prove it”.
Regarding the details of the case, he assured that the file must be known to give a full opinion.
“It is not a minor issue to condemn two high officials. One as a lawyer cannot judge without knowing the file well, so I could not rule on the details, ”he said.
However, he explained that it remains to be determined if any appeal will be made to the ruling. “I believe that they will make the appeal and they will have to demonstrate whether there was an error in the appreciation of the evidence or an error in the application of the law,” he pointed out.
JUDGE STRONGLY CRITICIZES THE CICIG
According to Valdés, the case was publicized by the link between Pérez Molina and Baldetti. In addition, he assured that the extinct CICIG was responsible for actions that conflict with the law.
“We are going to say that the work that CICIG did was deficient. They are not better than us. We didn’t need foreigners coming to do the job they did,” he stated.
Likewise, the judge asked the attorney general, María Consuelo Porras, for more order in the institution. “There has to be better protocols, we don’t know if there are, if she changed them, the procedures or what priorities she had to leave this half done,” she said.
THE CASE
The La Línea case was the first revealed by the FECI and the extinct CICIG related to acts of government corruption. The facts became known in April 2015.
In the investigation it was revealed that the government authorities of the extinct Patriotic Party (PP) formed and led a structure of tax fraud that caused damages to the State for more than Q73 million.
All this unleashed a wave of citizen protests that forced Baldetti and Pérez Molina to resign from their respective posts.
Now over 7 years old, the Court sentenced them for crimes of illicit association and as accomplices in special cases of customs fraud.