THIRD (AND
FINAL?) SENTENCE
FOR HEAD OF
GUATELAMAN
POLICE
Erwin Sperisen
Context
Ongoing proceedings for serious
crimes under international law
allegedly committed in Guatemala in
2005 and 2006
Suspect
The head of National Civilian Police
(NCP) of Guatemala from 2004 to
2007; he has dual Swiss and
Guatemalan citizenship
Country of residence
of suspect
Switzerland
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
Erwin Sperisen’s new trial took place
in April 2018 in Geneva. The public
prosecutor requested a life sentence
for his alleged participation in 2006 to
the assassination of seven detainees
in the Pavón prison. Incidentally,
the prosecutor requested a 15-year
sentence for Erwin Sperisen’s alleged
complicity in these murders. The
Defense pleaded for his acquittal.
On 27 April 2018, Erwin Sperisen was
sentenced to a 15-year sentence for
his complicity in the 2006 murders.
He appealed the judgment to the
Supreme Court.
Current status
Pending decision of the Supreme
Court
Facts
In October 2005, 19 prisoners escaped
from El Infiernito, a high security
prison in Guatemala City. Erwin
Sperisen allegedly set up a plan aimed
at finding and executing the escaped
prisoners; this was known as the
Gavilan Plan. Nine prisoners were
captured and three allegedly executed
as a result.
In September 2006, 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.
Procedure
In 2008, several Swiss organizations
filed a criminal complaint against
Erwin Sperisen with the Office of the
Prosecutor in Geneva, after discovering
that he was living in Switzerland. He
was arrested on 31 August 2012 in
Geneva. In March 2013, the mother
of one of the victims filed a complaint
and joined the criminal proceedings.
Fourteen witnesses travelled from
Spain, France and Guatemala to be
heard by the Swiss authorities.
His trial opened on 15 May 2014
in Geneva. He was convicted on 6
June 2014 and sentenced to life
imprisonment for the crimes he
committed in the Pavón prison, but
he was acquitted for his alleged
involvement in the Gavilan Plan.
69
Erwin
Sperisen
appealed
the
conviction and his appeal trial took
place from 4 to 8 May 2015 before
the Criminal Chamber of the Geneva
Court of Appeal. On 12 May 2015, the
Criminal Chamber upheld the life
imprisonment sentence. In addition
to the seven extrajudicial executions
for which Erwin Sperisen was found
guilty in the first instance, he was
condemned as jointly responsible for
the murder of three fugitives from
the Infiernito prison, though not as a
direct perpetrator.
Arguing that his right to a fair trial had
been violated, Erwin Sperisen lodged
an appeal against the conviction.
On 29 June 2017, the Swiss Federal
Court overturned the judgment of
the Criminal Chamber of the Geneva
Court of Appeal and ordered Erwin
Sperisen’s retrial. The Federal
judges recognized the existence of
extrajudicial executions committed
by a commando composed of police
forces. Yet they considered that Erwin
Sperisen should have been confronted
with several witnesses.
On 20 September 2017, the Swiss
Federal Court allowed the release
of Erwin Sperisen, pending his
retrial. On 25 September 2017, he
was released and placed under
house arrest.
On 11 October 2017, Erwin Sperisen
filed a new motion requesting the
recusal of the Judge Cambi FavreBulle, the presiding judge of the
Criminal Chamber of the Geneva
Court of Appeal and Revision. On
3 November 2017, his motion was
rejected. Erwin Sperisen appealed this
decision to the Federal Tribunal.
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