MP and CICIG files request to lift immunity to Guatemala's President, Jimmy Morales, and congresswoman Nineth Montenegro

MP and CICIG files request to lift immunity to Guatemala's President, Jimmy Morales, and congresswoman Nineth Montenegro


Guatemala, August 10, 2018, The Attorney General´s Office (MP) through  the Prosecutor’s Office for Electoral Crimes  and the International Commission against Impunity in Guatemala (CICIG), filed today before the Judicial Body,  a request  to lift immunity, to Jimmy Morales, President of the Republic and Nineth Montenegro, Congresswoman of the Republic; for the following facts:


As a result of  a new complaint filed on February 2018, before the Attorney General’s Office, against the political party Frente de ConvergenciaNacional (FCN-NACIÓN), it was established that Mr. Jimmy Morales in his capacity as Secretary General  did not report to the Supreme Electoral Court (TSE) the contribution of resources allocated  directly to the payment of electoral supervisors and printing of polling material . The political organization supervisors participated in its representation on September 6 and October 25, 2015, during the first and second round of the General Elections, thereby becoming anonymous financing.

The investigation of FCN-NACIÓN’s accounts, according to documents and certificates, showed a contribution of an approximate amount of Q7,560,476.70 used for the payment of electoral supervisors and printing of polling material, consisting of leaflets and pocket calendars.

Besides, the investigation unveils that political party funding from  “Fundación G,” used to pay training for the President and Vice President candidates, for an approximate amount of Q359,899.00, was not reported.  According to the preliminary investigation of the Prosecutor’s Office for Electoral Crimes, the anonymous financing amount not stated to the Supreme Electoral Court (TSE) is Q7,920,375.70.


Due to  the complaint filed by the Supreme Electoral Court (TSE) in December 2016, the Prosecutor’s Office for Electoral Crimes, established that Ms. Nineth Montenegro, as Secretary-General and Legal Representative of the Political Party Encuentro Por Guatemala, breached to report on time to the electoral entity, the financial statements corresponding to the last semester of the electoral campaign of 2015.

Lectura de interés:  Case: Illicit Electoral Contributions of the Unionista Party

This action prevented the Supreme Electoral Court (TSE) from carrying out its purpose of control of public and private funds for the political organization Encuentro Por Guatemala. Among other reported findings, it was not possible to establish with certainty the origin of at least Q1,748,232.54 due to the lack of access to the accounting documents of the political party.

Additionally, the investigations on the political party finances showed two kinds of contributions :

  1. A donation for electoral campaign 2015 to Ms. Nineth Montenegro, from Maxima Financial and Investment Services company for Q76, 784.30 (or the US $ 10,000.00) intended for the payment of six digital gateways lease, through the entity YEYO, SOCIEDAD ANÓNIMA and that was not reported to the Supreme Electoral Court (TSE) thereby becoming anonymous financing.
  2. The contribution to Mrs. Montenegro to support the electoral campaign 2011, by the agency Publicidad Avance S.A. of at least Q197, 500.00 (or the US $ 30.000) that were issued but not reported within the political party Encuentro por Guatemala accounting, thereby becoming anonymous financing.

Therefore, and in accordance with the provisions of Article 147 of the Electoral Law and Political Parties it is necessary to inform the Supreme Electoral Court (TSE) of the violations of rules of political parties financing, regulated in the aforementioned Law and its regulations by the political party Encuentro Por Guatemala for the administrative procedure, such as cancellation.


In March 2015, upon request and in coordination with the TSE, a specialized agency was created to accompany that electoral year process. Due to the importance and relevance of the cases processed in it, it was promoted to the level of Section Prosecutor’s Office, becoming on January 2016 as a permanent office. Currently, led by the Section Prosecutor, Oscar Schaad.

Lectura de interés:  Illegal Financing of Political Parties, FCN-Nación Case (Phase 1)

On some instances related to the financing of political parties Unidad Nacional de la Esperanza-UNE- and Libertad Democrática Renovada -LIDER- It has filed proceedings and requests to lift immunity.

As for the parties FUERZA y Compromiso, Renovación y Orden -CREO- the representatives elected by these political parties have been investigated, as well as a request to lift immunity in August 2017, against Mr. Jimmy Morales findings reported by the Supreme Electoral Court (TSE) when he served as Secretary General  of Frente de Convergencia Nacional FCN-NACIÓN.


Encuentro por Guatemala