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. Read more about the case