PRESS RELEASE 009
SCJ CONFIRMS SENTENCE OF FORMER INTERIOR MINISTRY ADVISOR
Guatemala, February 21, 2012. In the Maskana case, the Criminal Chamber of the Supreme Court of Justice (SCJ) issued a cassation judgment declaring the appeal filed by the former Advisor to the Ministry of the Interior, José Aníbal Hernández Nova, to be inadmissible. The judgment upheld the sentence of 10 years in prison and the payment of GTQ 205,000.00 in civil liabilities.
The SCJ decision confirmed the ruling issued on October 19, 2011 by the Second Chamber of Court of Appeals for Criminal Matters. The Second Chamber had previously upheld the original judgment delivered by the Ninth Court of Criminal Sentencing, which, in May 2011, found Hernández Nova guilty of extorting and laundering GTQ 39.4 million. The funds had been allocated to the purchase of fuel for the National Civil Police (PNC) in 2009. Furthermore, the Ninth Court had ordered that the former advisor be disqualified from holding public office and his political rights suspended.
The ruling sets an important precedent because, as reasoned by the judges, it established a doctrine based on international instruments by deeming the interior ministry advisor to be a civil servant.
The Public Prosecutor's Office (MP) accused Hernández Nova of being the intermediary who enabled Maskana, S.A to obtain the GTQ 39.4 million contract to provide the PNC with fuel. However, part of the funds was used for other illegal activities and the former advisor received GTQ 25 million in commission.
The International Commission against Impunity in Guatemala (CICIG) acted as a complementary prosecutor in this criminal proceeding.
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