{"code":"26840","sect":"Opinion","sect_slug":"opinion","hits":"1026","link":"https:\/\/elfaro.net\/en\/202305\/opinion\/26840","link_edit":"","name":"Four-Year Sentence of Anti-Corruption Leader Deals a Blow to Guatemalan Democracy","slug":"four-year-sentence-of-anti-corruption-leader-deals-a-blow-to-guatemalan-democracy","info":"Today's doubling-down of the sentence against Guatemalan prosecutor Virginia Laparra is not about legal strategy but about politics, with a courageous lawyer being used as a pawn.","mtag":"Corruption","noun":{"html":"Carolina Jim\u00e9nez Sandoval and Isabel Carlota Roby","data":{"carolina-jimenez-sandoval-and-isabel-carlota-roby":{"sort":"","slug":"carolina-jimenez-sandoval-and-isabel-carlota-roby","path":"carolina_jimenez_sandoval_and_isabel_carlota_roby","name":"Carolina Jim\u00e9nez Sandoval and Isabel Carlota Roby"}}},"view":"1026","pict":{"cms-image-000038965-jpeg":{"feat":"1","sort":"38965","name":"cms-image-000038965.jpeg","link":"https:\/\/elfaro.net\/images\/cms-image-000038965.jpeg","path":"https:\/\/elfaro.net\/images\/cms-image-000038965.jpeg","back":"","slug":"cms-image-000038965-jpeg","text":"<p>Virginia Laparra, the former head of the Special Prosecutor's Office against Impunity in the municipality of Quetzaltenango, departs a hearing in the Palace of Justice in Guatemala City on Dec. 16, 2022. The controversial prosecution of Laparra has been widely denounced by legal observers and human rights groups. Photo: Johan Ord\u00f3\u00f1ez\/AFP<\/p>","capt":"\u003Cp\u003EVirginia Laparra, the former head of the Special Prosecutor's Office against Impunity in the municipality of Quetzaltenango, departs a hearing in the Palace of Justice in Guatemala City on Dec. 16, 2022. The controversial prosecution of Laparra has been widely denounced by legal observers and human rights groups. Photo: Johan Ord\u00f3\u00f1ez\/AFP\u003C\/p\u003E"}},"pict_main__sort":38965,"date":{"live":"2023\/05\/09"},"data_post_dateLive_YY":"2023","data_post_dateLive_MM":"05","data_post_dateLive_DD":"09","text":"\u003Cp dir=\"ltr\"\u003EAt 10 p.m. on April 19, we received a text message from Claudia Gonz\u00e1lez \u2014the leading attorney representing Virginia Laparra\u2014 confirming that we had been authorized to visit Virginia at the Matamoros military prison the following day. Her text included a warning: \u201cDon\u2019t forget to wear a skirt or you won\u2019t be allowed in.\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EOver a year has passed since Guatemalan public prosecutor Virginia Laparra was arbitrarily detained after filing administrative complaints against Judge Lesther Castellanos alleging acts of corruption within the Judiciary. It is no coincidence that she was initially held alongside four other prosecutors and anti-corruption lawyers \u2014 all of them female. Her four-year sentence was reaffirmed today, May 9.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EVirginia's detention and subsequent conviction in an irregular trial reflect a broader and disquieting trend of weaponizing the justice system against human rights defenders, journalists, and justice officials themselves under the administration of Alejandro Giammattei. As many as 35 justice operators from Guatemala have fled the country under this and previous governments. 17 of them are living in exile in the United States.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThat this should take place ahead of the country\u2019s presidential elections, the first round of which is to be held in June, is of even graver concern.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EOn April 20, as representatives of the Washington Office on Latin America (WOLA) and Robert F. Kennedy Human Rights we had the chance to visit Virginia who has been charged with the alleged \u201cabuse of authority\u201d and \u201cviolation of the duty of loyalty.\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe misogynistic treatment we received as female visitors to the prison was reflective of the outdated and discriminatory structures that led to Virginia\u2019s detention.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cbr\/\u003E \u003Cfigure class=\"pict pict_land pict_move_posc 0 cs_img cs_img--curr rule--ss_c\" data-shot=\"pict\" data-hint=\"pict\"\u003E \u003Cdiv class=\"pict__pobj text-overflow\"\u003E\u003Cimg src=https:\/\/elfaro.net\/get_img?ImageWidth=3000&ImageHeight=2000&ImageId=38965 class=\"pobj\" style=\"max-width: 100%\" rel=\"resizable\" alt=\"Virginia Laparra, the former head of the Special Prosecutor's Office against Impunity in the municipality of Quetzaltenango, departs a hearing in the Palace of Justice in Guatemala City on Dec. 16, 2022. The controversial prosecution of Laparra has been widely denounced by legal observers and human rights groups. Photo: Johan Ord\u00f3\u00f1ez\/AFP\" \/\u003E\u003C\/div\u003E \u003Cfigcaption class=\"pict__text cs_img_caption folk_content typo_buttons line--ss_s0c line--ss_s0c--auto block full-width text-overflow rule--ss_l relative\"\u003E \u003Cdiv class=\"__content block-inline full-width align-top tint-text--idle relative\"\u003E Virginia Laparra, the former head of the Special Prosecutor's Office against Impunity in the municipality of Quetzaltenango, departs a hearing in the Palace of Justice in Guatemala City on Dec. 16, 2022. The controversial prosecution of Laparra has been widely denounced by legal observers and human rights groups. Photo: Johan Ord\u00f3\u00f1ez\/AFP \u003Cdiv class=\"photographer text_italic rule--ss_l tint-text--idle\"\u003E \u003C\/div\u003E \u003C\/div\u003E \u003C\/figcaption\u003E \u003C\/figure\u003E\u003Cbr\/\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EOn arrival at the Matamoros prison, located in the outskirts of Guatemala City, we were warmly greeted by Claudia Gonz\u00e1lez, Virginia\u2019s lawyer who has recently been awarded the \u003Ca href=\"https:\/\/lawyersforlawyers.org\/en\/guatemalan-lawyer-claudia-gonzalez-orellana-laureate-lawyers-for-lawyers-award-2023\/#:~:text=%E2%80%9CBy%20awarding%20Claudia%20Gonz%C3%A1lez%20Orellana,own%20personal%20life%20and%20safety.\"\u003E2023 Lawyers for Lawyers Award\u003C\/a\u003E.\u00a0\u00a0\u00a0\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EAs a former prosecutor of the UN backed \u003Ca href=\"https:\/\/dppa.un.org\/en\/mission\/cicig\"\u003EInternational Commission against Impunity in Guatemala (CICIG)\u003C\/a\u003E, she is now representing nine lawyers, who are currently being criminalized for their work in high profile anti-corruption cases. Many of them are her former colleagues.\u00a0\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EAll of them were targeted and criminalized for their valiant efforts to combat impunity and corruption, and for daring to challenge the entrenched power structures of the country\u2019s economic and political elite.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EClaudia herself faces the risk of arrest, physical harm, intimidation and persecution daily, yet bravely continues her work in order to protect human rights and the rule of law.\u00a0\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EAfter our documents and bags were checked, we were granted access through a black gate leading to a small patio with plants, tables and chairs, some sunlight filtered through cracks in the ceilings. Despite the grim circumstances, Virginia walked towards us with a warm smile, we hugged and sat down at one of the tables.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EAn RFKHR delegation led by Kerry Kennedy had last seen Virginia 14 months ago when she was being held in pre-trial detention at the Mariscal Zavala Prison. Since then, she was transferred to a military facility, was convicted to four years in prison, and is currently under investigation once again, facing further criminal charges for her efforts to combat corruption and fulfill her responsibilities as the former chief prosecutor of Guatemala's Special Prosecutor's Office Against Impunity (FECI) in the municipality of Quetzaltenango. The handling of this second case is being kept confidential by the decision of the court.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EDuring our two-hour conversation with Virginia just a few weeks ago, we asked her how she was. \u201cI am still in prison,\u201d was her answer.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EShe was moved to tears as she told us that she has only seen her daughters \u2014aged 11 and 14\u2014 once or twice a month. Virginia has also undergone recent surgery and was concerned about her health. She was not allowed to choose her own doctor and the state has not provided her with the necessary medication. This has been documented by reputable human rights organizations such as WOLA, RFKHR, the \u003Ca href=\"https:\/\/www.nycbar.org\/member-and-career-services\/committees\/reports-listing\/reports\/detail\/statement-on-virginia-laparra\"\u003ENew York Bar Association\u003C\/a\u003E, and Human Rights Watch.\u00a0\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EVirginia is known for her work investigating corruption and human rights abuses in Guatemala, and her detention has been met with widespread condemnation from civil society groups and international organizations. \u003Ca href=\"https:\/\/www.amnesty.org\/en\/latest\/news\/2023\/02\/guatemala-presa-de-conciencia-virginia-laparra-cumple-un-ano-detenida-arbitrariamente-en-la-carcel\/\"\u003EAmnesty International\u003C\/a\u003E recently designated her a prisoner of conscience. In a country with a long history of corruption and impunity, the work of prosecutors like her is crucial for holding powerful individuals accountable and ensuring that the rule of law is upheld.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EFollowing the \u003Ca href=\"https:\/\/twitter.com\/SFRCdems\/status\/1641904285746167810\"\u003ESenate Foreign Relations Committee\u003C\/a\u003E\u2019s recent call for her release, the international community must continue to support efforts to strengthen Guatemala's justice system and ensure that prosecutors are able to carry out their work without fear of retaliation or harassment.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003ELast but not least, we must speak out on today\u2019s doubling-down of the sentence against Virginia Laparra, which proves that this is not about legal strategy but about politics, with a courageous lawyer being used as a pawn.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Chr \/\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp\u003E\u003Cem\u003ECarolina Jim\u00e9nez Sandoval is president of the Washington Office on Latin America (WOLA) and Isabel Carlota Roby is a staff attorney at Robert F. Kennedy Human Rights (RFKHR).\u003C\/em\u003E\u003C\/p\u003E"}