CICIG - The International Commission against Impunity in Guatemala
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At the forum "Young and Committed", Commissioner Iván Velásquez called upon the youth to join forces in fighting impunity.

PRESS RELEASE 030

PDH RULING ON SITUATION REGARDING VALDÉS PAIZ BROTHERS IN ROSENBERG CASE

Guatemala, June 10, 2013. In relation to the report drafted by the Human Rights Ombudsman (PDH) on the alleged violation of due process in the Rosenberg case as claimed by the brothers Francisco José Ramón Valdés Paiz and José Estuardo Valdés Paiz, the International Commission against Impunity in Guatemala hereby reproduces part of the PDH report, which demonstrates criminal liabilities:

"ASSESSMENT OF THE INVESTIGATION
[...] Francisco José Ramón Valdés Paiz and José Estuardo Valdés Paiz evaded justice for seven months, before appearing to clear up their legal statuses on June 28, 2010. On that occasion, they were linked to criminal proceedings on the charge of murder. Furthermore, the parties to the proceedings have used legal remedies, including 14 amparo appeals—11 of which were filed by the accused (without distinction), 2 by CICIG and 1 by another accused individual. (Bold text added by CICIG)

Through the studies into and the analysis of the information included in the present case, it is possible to determine that the parties to the proceedings, including the technical defence of the complainants and the aforementioned accused, have over used said constitutional appeal, which has in turn impeded their legal statuses from being clarified within a reasonable period. (Bold text added by CICIG)

THEREFORE:
The Human Rights Ombudsman, in consideration of and based on the powers bestowed by the Constitution of the Republic of Guatemala and Decree 54-86, reformed by Decree 32-87both of the Congress of the Republic of Guatemala;

RULES:
I. That the violation of due process of the complainants José Estuardo Valdés Paiz and Francisco Ramón Valdés Paiz be declared as well as the right to be tried within a reasonable period. This declaration is made in light of the participation of the two individuals as accused parties in criminal proceedings C 01070-2009-00883.

II. That the courts be declared responsible for committing the aforementioned violation. The courts in question are ordinary, constitutional courts and were responsible for processing and ruling on different legal actions, which were not resolved within the time periods set forth by law."(Bold text added by CICIG).

CICIG specifies that there is no Valdés Paiz case. There is a case concerning the death of the lawyer Rodrigo Rosenberg, which has produced the sentencing of individuals, after their criminal liability was proven.

At the beginning of 2010, when the Valdés Paiz brothers were evading justice, their lawyers filed a recusal motion against Judge Verónica Galicia, which caused a 17‑month delay in proceedings. Even after the judge disqualified herself from hearing the case and it was assigned to another judge, an amparo appeal continued to be processed on the dismissal of the recusal motion, creating uncertainty regarding case proceedings. This amparo appeal was concluded in March 2012, when it was withdrawn by the lawyers.

The Supreme Court of Justice ruled in favor of CICIG in this case, among others, as to the enmity of Judge Carlos Aguilar towards CICIG. This was highlighted on January 14 when Aguilar acknowledged the enmity and disqualified himself from hearing the Rosenberg case.

CICIG considers amparo appeals to be noble; however, when individuals abuse it, the accused are affected by unnecessary delays in their proceedings. The main interest of CICIG is to achieve prompt and fair justice for all.

CICIG did not and will not stall proceedings; however, it did and will respond to any actions taken by the parties, in accordance with its legal obligations.


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  The Republic of Guatemala, a mountainous country that lies in the Central American isthmus, has an estimated population of 13 million people.
  Guatemala won its independence in 1821, following almost three centuries of Spanish colonial rule.
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