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).
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