GUATEMALAN FORMER MINISTER CLEARED OF ALL CHARGES Carlos Vielmann Montes Context Ongoing proceedings for serious crimes under international law allegedly committed in Guatemala in 2005 and 2006 Suspect Former Guatemalan minister of Domestic Aaffairs; dual Spanish and Guatemalan citizenship Facts In October 2005, 19 prisoners escaped from the Infiernito prison, a high security prison in Guatemala City. Carlos Vielmann and Erwin Sperisen, who was appointed Chief of the National Civil Police (NCP) by Carlos Vielmann, allegedly devised a plan aimed at finding and executing the escaped prisoners. This was known as the Gavilán Plan. Nine prisoners were captured and three allegedly executed as a result. In September 2006, under Carlos Vielmann’s alleged direct command, Erwin Sperisen,
along with 3,000 NCP officers and members of the army, intervened in the Pavón prison, a
high security prison controlled by prisoners, to restore state authority. This intervention ended in the arrest and the alleged extrajudicial execution of seven prisoners. Country of residence of suspect Procedure Spain Charges Extrajudicial executions in 2005 (the killing of three inmates who had escaped from the Infiernito prison) and in 2006 (the killing of seven inmates at the Pavón prison) in Guatemala Developments in 2018 On 30 July 2018, the Supreme Court confirmed Carlos Vielmann’s acquittal. Current status Acquitted In 2010, Carlos Vielmann was indicted for establishing, along with Erwin Sperisen, a parastatal criminal structure within the Ministry of Domestic Affairs, which ordered, authorized, and supported the murder of seven prisoners in the Pavón prison and three in the Infiernito prison. In February 2012, Guatemalan authorities dropped their request for the extradition of Carlos Vielmann. On 4 November 2013, Carlos Vielmann was brought on charges of extrajudicial executions before the Spanish National Court (Audiencia Nacional, Sala de lo penal). Carlos Vielmann’s trial took place in January and February 2017. On 9 January 2017, the prosecution requested 160 years’ imprisonment and compensation of 300,000 euros for each of the victims. 61 On 6 March 2017, the Spanish National Court (Audiencia Nacional, Sala de lo penal) acquitted Carlos Vielmann of the 10 extrajudicial executions that were perpetrated in 2005 and 2006, considering that it was not proven beyond reasonable doubt that he had ordered, authorized, supported, or otherwise acquiesced to the capture and murder of the victims, or that he had any knowledge of the circumstances leading to their deaths. The judgment was appealed before the Supreme Court by the Human Rights Association of Spain (APDHE). Read more about the case