Virginia Laparra, a former anti-corruption official, was sentenced to four commutable years in prison for the crime of continuous abuse of authority; Although the sentence allows her to be released from prison, she has a second unsolved process, which presents delays to start the first phase.
Laparra served as head of the Special Prosecutor’s Office once morest Impunity (FECI) in Quetzaltenango. There she took cases once morest business elite and state officials, she assures that her case was part of a revenge for her anti-corruption work carried out in conjunction with the extinct International Commission once morest Impunity in Guatemala (CICIG).
Stano said that the sentence once morest the former prosecutor is deeply worrying in the midst of the deterioration of the rule of law. Find out here ???? https://t.co/DqS1zbeAoA
– La Hora newspaper (@lahoragt) December 20, 2022
Laparra might collect his freedom by paying an approximate of Q14 thousand, thus obtaining house arrest while serving his imposed sentence. However, a second process derived from the same case and already tried prevents him from leaving the Mariscal Zavala military barracks.
THE CASE AGAINST VIRGINIA
The case once morest the former prosecutor arose from four administrative complaints that she filed once morest Lesther Castellanos, former High Risk judge and current Rapporteur once morest Torture, for allegedly leaking information from a confidential case to the procedural parties in this case, specifically to the lawyer Omar Barrios, with whom he has a friendly relationship.
The accusations once morest Castellanos were presented during 2018, in the Judicial Disciplinary Board (JDJ). However, none were successful.
After this situation, the former judge filed a complaint once morest Laparra for the alleged crimes of abuse of authority and usurpation of powers. The Internal Affairs Prosecutor’s Office carried out the investigation and last week sentenced Laparra.
THE NEW PROCESS DERIVES FROM THIS
On October 19, Laparra was arrested as she left a hearing in Torre de Tribunales, while she was in pretrial detention, for a second trial once morest her. This time for a complaint of disclosure of confidential information, filed by the same complainant who originated the first process, Lesther Castellanos.
The Virginia lawyer, Claudia González, at that moment understood that the message was clear, they wanted the ex-prosecutor imprisoned in one way or another. “This is done when there is a risk of flight, but Virginia is in pretrial detention (…) it is unfortunate how the MP operates,” she said.
The European Union regretted the deterioration of the rule of law and the intimidation once morest justice operators in Guatemala. Find out here:#LaHoraDeActualizarnos https://t.co/9bxHJemECG
– La Hora newspaper (@lahoragt) December 19, 2022
This complaint arose on August 4, 2018 during a case in which Laparra represented the Public Ministry (MP). The hearing was suspended because the former official was processing a request for an “effective collaboration agreement.” Until said procedure was resolved, they might not move forward with the process.
In that same year, the complaints once morest Castellanos took place and with this the former judge began an investigation of Laparra. In the words of the Virginia lawyer, Claudia González, “that’s when Lesther says that she revealed confidential information because the case was under confidentiality.”
THE CASE HAS NO PROGRESS IN TWO MONTHS
This process, unlike the one already resolved, is elucidated in Quetzaltenango. “To date, the Public Ministry has not carried out a single investigative procedure to criminalize Virginia,” says the litigant.
From October 19, when he was arrested for the second time, to date, two months have passed since Laparra had to make his first statement; however, this hearing is pending and has no scheduled date. “The problem is that in Xela there are seven multi-person judges, four of whom can no longer hear the case because they excused themselves from taking it,” says the lawyer.
Likewise, a fifth judge, Carmen Acu Ramírez, was challenged. In other words, Laparra’s defense filed a legal appeal to separate her from the case; This is because she “is a friend of Castellanos and she might be biased when judging her,” González explained.
However, since last October the Appeals Chamber has not resolved who will be the new judge, of the last two remaining, who will take the process of the former anti-corruption prosecutor.
Ned Price, assured that the selective prosecution of justice actors and the media undermines the rule of law. Find out here ????#LaHoraDeActualizarnos https://t.co/LsVMm6DExE
– La Hora newspaper (@lahoragt) December 17, 2022
“It does not seem strange to me that from October 19 to here the Chamber has not resolved,” says the lawyer with an ironic voice, since she has repeatedly mentioned the criminalization and slowing down of the process.
LAPARRA INDICATED AS A POLITICAL PERSECUTION
National and international organizations pointed to a political persecution once morest the former head of the Quetzaltenango FECI since her arrest.
The Office of the United Nations High Commissioner for Human Rights (Oacnudh), Unit for the Protection of Human Rights Defenders of Guatemala (Udefegua) and the US Bar Association (ABA) They attended the hearings of the case as observers until the moment of their sentencing.
