2023-04-21 11:03:47
Given the recent progress in two criminal proceedings against former prosecutor Virginia Laparra, Amnesty International denounces that the judicial authorities have not respected her right to a fair trial, including her rights to judicial guarantees and due process, and demands her release immediate.
“It is alarming that the Guatemalan authorities are depriving Virginia Laparra of her most basic rights to an equal opportunity to defend herself. The arbitrariness and human rights violations that continue to occur in the two processes she is facing continue to confirm the intention to punish her for her work as an anti-corruption prosecutor. Amnesty International reiterates that Virginia Laparra is a prisoner of conscience and must be released immediately and unconditionally,” said Erika Guevara-Rosas, Amnesty International Director for the Americas.
Virginia Laparra will serve 14 months arbitrarily detained in jail. After being sentenced on December 16 to four years in prison for the crime of abuse of authority, after an unfounded process plagued with irregularities in Guatemala City, the former prosecutor of the Special Prosecutor’s Office against Impunity ( FECI) will face two key audiences.
On Friday, April 21, a court in Quetzaltenango will determine whether Virginia Laparra should go to trial in a second criminal proceeding, for the same facts and promoted by the same complainant. She is accused of having revealed confidential information, which could mean an additional sentence of at least 5 years in prison. Amnesty International expresses concern about the lack of guarantees for her rights to defend herself and to be heard by impartial and independent authorities, which leaves Virginia Laparra totally defenseless. According to the information analyzed, the judicial authorities have allowed a judge who has stated that she is a friend of the complainant, another judge from Quetzaltenango, to continue leading the case. The judge has prevented the participation in the hearings of one of Virginia Laparra’s lawyers, and has breached her duty to ensure respect for deadlines and procedural principles. In addition, she has omitted to call the complainant’s attention for disrespecting Virginia Laparra during the hearing.
On the other hand, on April 24, an Appeals Court in Guatemala City will hear the appeal filed by his lawyers against the conviction handed down in December 2022. The court denied him his right to fully defend himself in freedom during the processing of the appeal despite the fact that the legislation allowed it.
Amnesty International is concerned about the repeated decisions by the Guatemalan authorities to deny Virginia Laparra her right to continue the trials at liberty based on arbitrary and dangerous arguments, alleging, for example, that the coverage of the trial by certain media or messages of support for the former prosecutor on social networks demonstrated a risk of obstruction of justice.
Like Virginia Laparra, dozens of prosecutors, judges, and magistrates who have contributed to the fight against impunity are being criminalized. On Wednesday, April 18, the Inter-American Commission on Human Rights (IACHR) confirmed the inclusion of Guatemala in chapter IV.b of its annual report, reserved for countries of special concern. The IACHR warned about the intensification of judicial persecution and aggravation of attacks on justice operators in charge of large-scale corruption cases, human rights violations, and crimes under international law during the armed conflict.
Amnesty International will be following the hearings to be held in the coming days. The organization highlights that the human rights violations documented in this case could generate the international responsibility of the State of Guatemala.
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