Gave Personal Support to Corrupt Judge
Guatemala, July 8, 2020.
On July 6, US Ambassador Luis Arreaga and ambassadors from the United Kingdom, Germany, France, Italy, and the European Union met at Arreaga’s residence with Judge Erika Aifán to “offer their support.” A few days earlier, Aifán was subject to a compelling criminal accusation.
With this support for Aifán, the ambassadors have violated article 41.1 of the Vienna Conventions on Diplomatic Relations. They interfered in favor of a judge whose crimes are in the public domain.
The head of the special branch against impunity of the Prosecutor General Office had requested Aifán grant authorization to investigate candidates for magistrates of the Supreme Court and appeals courts. Aifán violated the law by granting the request. The candidates are sitting magistrates up for reappointment. They have immunity from prosecution, which can only be removed through a judicial process stemming from a criminal complaint. No such complaint had been filed.
The legal representative of the Magistrates Association filed a complaint against Aifán for having issued an illegal order. As a judge, Aifán also enjoys immunity, mandating the case be sent to the Supreme Court. Following the law, on July 2, the Supreme Court named an investigative judge, whose duty is to present to the appeals court a recommendation regarding removing the accused’s immunity. An affirmative court ruling would subject Aifán to a criminal proceeding.
Aifán’s defenders claim she is an honest, independent judge fighting corruption, but documentary evidence shows the opposite. No court has the authority to order any person or entity to commit an illegal act, in this case to investigate an official with immunity. Aifán has petitioned the CC for an injunction against the Supreme Court naming of an investigative judge, to void that ruling.
Aifán has illegally placed several people in preventive detention for years. These include attorney Moises Galindo and the Bitkov family. To keep the latter’s case open, Aifán blatantly ignored a CC ruling to close it. While the case continued, however, the CC also stated she had complied.
In the Magistrates Association case, the proof is the ruling Aifán issued—a simple case. With the CC’s history of politically motivated criminality, though, it seems likely to illegally squash the case against its comrade Aifán.
With photos of the ambassadors with Aifán, the US embassy tweeted in Orwellian fashion, “We support judges committed to an independent judiciary that forges a trustworthy, transparent and autonomous system of justice that responds efficiently to the rights of Guatemalans.” We urge President Alejandro Giammattei to declare Arreaga and every ambassador with him at the meeting with Aifán persona non grata.
Last Updated: 8 July, 2020 by LaVoz
US, European Ambassadors Interfere in Guatemalan Affairs
Gave Personal Support to Corrupt Judge
Guatemala, July 8, 2020.
On July 6, US Ambassador Luis Arreaga and ambassadors from the United Kingdom, Germany, France, Italy, and the European Union met at Arreaga’s residence with Judge Erika Aifán to “offer their support.” A few days earlier, Aifán was subject to a compelling criminal accusation.
With this support for Aifán, the ambassadors have violated article 41.1 of the Vienna Conventions on Diplomatic Relations. They interfered in favor of a judge whose crimes are in the public domain.
The head of the special branch against impunity of the Prosecutor General Office had requested Aifán grant authorization to investigate candidates for magistrates of the Supreme Court and appeals courts. Aifán violated the law by granting the request. The candidates are sitting magistrates up for reappointment. They have immunity from prosecution, which can only be removed through a judicial process stemming from a criminal complaint. No such complaint had been filed.
The legal representative of the Magistrates Association filed a complaint against Aifán for having issued an illegal order. As a judge, Aifán also enjoys immunity, mandating the case be sent to the Supreme Court. Following the law, on July 2, the Supreme Court named an investigative judge, whose duty is to present to the appeals court a recommendation regarding removing the accused’s immunity. An affirmative court ruling would subject Aifán to a criminal proceeding.
Aifán’s defenders claim she is an honest, independent judge fighting corruption, but documentary evidence shows the opposite. No court has the authority to order any person or entity to commit an illegal act, in this case to investigate an official with immunity. Aifán has petitioned the CC for an injunction against the Supreme Court naming of an investigative judge, to void that ruling.
Aifán has illegally placed several people in preventive detention for years. These include attorney Moises Galindo and the Bitkov family. To keep the latter’s case open, Aifán blatantly ignored a CC ruling to close it. While the case continued, however, the CC also stated she had complied.
In the Magistrates Association case, the proof is the ruling Aifán issued—a simple case. With the CC’s history of politically motivated criminality, though, it seems likely to illegally squash the case against its comrade Aifán.
With photos of the ambassadors with Aifán, the US embassy tweeted in Orwellian fashion, “We support judges committed to an independent judiciary that forges a trustworthy, transparent and autonomous system of justice that responds efficiently to the rights of Guatemalans.” We urge President Alejandro Giammattei to declare Arreaga and every ambassador with him at the meeting with Aifán persona non grata.
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