CRIMINAL CHAMBER OF SUPREME COURT OF JUSTICE RULES ON GIAMMATTEI CASE

Guatemala, October 7, 2011. The Criminal Chamber of the Supreme Court of Justice declared the cassation appeal filed by the MP and CICIG to be admissible. The appeal concerned the proceedings underway against Alejandro Eduardo Giammattei Falla, Mario Roberto García Frech, Víctor Hugo Soto Diéguez and Óscar Miguel Díaz Maldonado.

The Chamber ruled as follows:

1. Annul the stays in proceedings ordered for Alejandro Eduardo Giammattei Falla, Mario Roberto García Frech and Víctor Hugo Soto Diéguez in relation to the charge of criminal association and for Oscar Miguel Díaz Maldonado in relation to the charge of illegal possession of ammunition;


2. Order the judge of the First Court of the First Instance for Criminal Matters, Drug Trafficking and Crimes against the Environment:


1. To admit the indictment and open trial proceedings against the accused Alejandro Eduardo Giammattei Falla and Mario Roberto García Frech on charges of criminal association and extrajudicial killing;
2. To admit the indictment and open trial proceedings against Víctor Hugo Soto Diéguez on the charge of criminal association;
3. Admit the indictment and open trial proceedings against Oscar Miguel Díaz Maldonado on the charge of illegal possession of ammunition.
4. To do so, Judge Carol Patricia Flores Polanco should reopen the proceedings against the individuals, apply the respective coercive measures and take any necessary steps and statements, in accordance with the law.