Judicial Body: Criminal Chamber of the Geneva Court of Justice

 

Erwin Sperisen’s trial on appeal to be held from 4 to 8 May 2015 in Geneva: NGOs hope that the fight against impunity will come out strengthened

The retrial of Erwin Sperisen will be held from 4 to 8 May 2015 in Geneva. His lawyers had appealed against the life sentence for seven murders handed down on 6 June 2014. The Court of Second Instance will thus have to re-examine the part he played in the extrajudicial executions of 10 prisoners during operations carried out by the Guatemalan Police. For the NGOs that reported Erwin Sperisen to the Swiss authorities, this trial is the opportunity to shed light again on the tragic acts that the former Chief of the Guatemalan Police is alleged to have committed. They cannot speculate as to what the outcome of the trial might be, but they hope that it will remind everyone that no Swiss citizen – whether here or elsewhere – can break the law without paying the consequences of doing so. Guatemala remains in the grips of corruption and organized crime, so this trial on appeal has considerable potential: that of reversing the impunity that members of the Guatemalan State apparatus have enjoyed for far too long. 

On 6 June 2014, Erwin Sperisen, a Swiss and Guatemalan citizen, was sentenced to life imprisonment. Given the seriousness of the acts, the number of victims and the lack of empathy and awareness displayed by the former Chief of the Guatemalan National Police, the judges in the Geneva Criminal Court considered that only a sentence of life imprisonment would be likely to punish the accused. This judgment made it clear that the perpetrators of serious crimes – however high up they might be – are not immune from criminal penalties, and that their victims – whatever their origins – deserve justice.

Erwin Sperisen and his lawyers have appealed against this decision. Erwin Sperisen will therefore be called to appear at the second instance trial being held from 4 to 8 May 2015 before the Criminal Chamber of the Geneva Court of Justice.

Eight years ago, an NGO coalition reported the former Chief of the Guatemalan National Civil Police (PNC) to the justice system. That coalition suspected that the officers under his command had committed serious and numerous human rights violations(extrajudicial executions, torture, enforced disappearances and sexual violence). On 31 August 2012, Erwin Sperisen was finally arrested by order of Geneva’s Public Prosecutor and remanded in custody until his trial in 2014.

For far too long, the Guatemalan State apparatus has been associated with organized crime and ignored the rule of law. Today, human rights defenders and journalists continue to be threatened, harassed or killed while perpetrators of serious violations enjoy considerable impunity. As far as NGOs are concerned, it is now time for the rule of law to ultimately reign in Guatemala. Just a few months away from the trial in Spain of Carlos Vielman, his former superior, and after the sentencing of his subordinate Victor Soto Diéguez to a 33-year prison term, NGOs hope that the second trial of Erwin of Sperisen will help to reverse impunity.

 

The Erwin Sperisen trial in 10 questions

1. Who is Erwin Sperisen?

Erwin Johann Sperisen Vernon has Swiss and Guatemalan nationalities. This fervent follower of the Evangelical Church was born on 27 June 1970 into a wealthy family. He has been living in Geneva since March 2007, is married and has three children. He was the former Security Assistant for the Mayor and a Municipal Councillor of Guatemala City (2003), and worked as the Chief of the National Civil Police (PNC) from August 2004 to March 2007. He resigned from that post after the assassination of several Salvadorian parliamentarians by his officers (the Parlacen case) and took refuge in his country of origin: Switzerland. He was arrested on 31 August 2012 by the prosecuting authorities from the Canton of Geneva, who suspected him of being involved in several extrajudicial executions (the Pavón and Infiernito cases). Since his arrest, he has been held at Champ-Dollon prison (Geneva).

2. What acts is he alleged to have committed?

An arrest warrant for Erwin Sperisen was issued by the Guatemalan authorities in August 2010. He was reported to the Swiss criminal authorities for his and his officers’ involvement in the following crimes: extrajudicial executions, enforced disappearances, torture and sexual violence. He was sentenced to life imprisonment for seven murders committed during operations to regain control of Pavón prison in 2006. 

3. Why is he being brought to trial in Switzerland?

The arrest warrant issued by Guatemala would not have led to Erwin Sperisen’s extradition to that country because the Swiss Constitution prohibits Switzerland from extraditing its own citizens. However, Switzerland is under the obligation to bring them to trial, even if their crimes were committed abroad.

4. Is anyone else being brought to trial for the same acts?

Several individuals involved in the same acts have been brought to justice:

  • Victor Soto Diéguez, the former Chief of PNC Investigations, was sentenced to a 33-year prison term in Guatemala in January 2015 for the murders committed in the Pavón and Infiernito cases.
  • Axel Arnoldo Martínez Arriaza and Víctor Manuel Ramos Molina, both former members of the PNC Investigations team, were sentenced to a 25-year prison term in Guatemala.
  • Javier Figueroa, Erwin Sperisen’s former right-hand man, was acquitted by a jury in Austria in 2014. His brother, Aldo Stéfano Figueroa Díaz, was sentenced to a 15-year prison term in Guatemala.
  • Carlos Vielman, the former Minister of the Interior, is awaiting trial in Spain. According to our sources, this trial should begin within the next few months.

5. What will be the difference between the first trial last year and the second instance trial?

The trial will be similar to the first one. The judges will be able to review the facts and the law. They will be able to freely evaluate the case evidence. However, as many of the witnesses were already heard in the first trial, the judges will have to base their decisions on the evidence and testimonies already administered during that trial.

6. Can the verdict of the second trial really be different from that of the first trial?

It is not up to NGOs to speculate as to what the outcome of a trial might be. The first instance trial concluded with a detailed judgment (comprising more than 130 pages) based on overwhelming evidence and with a life imprisonment sentence. However, the Criminal Chamber judges are not bound by the conclusions of the Criminal Court. It is up to the Court of Second Instance to reach an opinion and make its verdict public.

7. What comes after this second verdict?

If Mr Sperisen’s conviction and sentence are confirmed by this second verdict, the accused may lodge an appeal before the Federal Court. But the facts will not, in principle, be reviewed in this instance: only matters of violations of law or arbitrary evaluation of the facts are dealt with by it. Thus, the version of the facts established by the Geneva Court of Justice will prevail before the Federal Court, which will not hear any witness or expert. However, if the outcome of the second trial is acquittal, Mr Sperisen will be able to demand compensation for his time spent in remand.

8. What is the role of NGOs in this case?

Since 2004, several Guatemalan associations have been investigating Erwin Sperisen’s officers, who are suspected of having committed serious crimes. In 2008, the Geneva Community of Trade Union Action (CGAS), Action by Christians for the Abolition of Torture (ACAT-Suisse), and the Uniterre trade union filed an initial criminal complaint against Erwin Sperisen with Geneva’s Public Prosecutor. TRIAL and the World Organisation Against Torture (OMCT) filed a second criminal complaint in 2009. Over a period of two years, NGOs asked Geneva’s Public Prosecutor (Attorney General Daniel Zapelli) to open an investigation. The issue of an international warrant for the arrest of Erwin Sperisen and 18 other suspects led to his arrest. Not having access to the proceedings, NGOs will play an observation and awareness-raising role during the trial. They will also carry out informative work by recalling the seriousness of the crimes committed in Guatemala, the need for justice for victims and the need to fight against impunity.

9. Guatemala is different from Switzerland. Can’t the use of force be justified?

Guatemala is a country marked by considerable violence, but it is not lawless. The State has a Constitution and laws, and it has ratified international conventions for the protection of human rights. As in Switzerland, murder or the death penalty are not permitted there. The murder of prisoners is not permitted there either. The prisoners that Sperisen and his officers allegedly killed were serving time in prison for breaking the law. Therefore, like all other citizens, they had fundamental rights: the right to life and the right to a fair trial. Members of the police forces are there to ensure that the law is upheld and not to break it. They do not have any right to life or death over their fellow citizens. 

10. Why is the fight against impunity still an important issue in Guatemala?

The country is plagued by extreme violence and high levels of corruption; these are major obstacles that need to be overcome in the fight against impunity. The recent ousting of Attorney General Claudia Paz y Paz – who has done a lot of work for the rule of law – is very worrying, as are the attempts to end the term of office of the United Nations Commission Against Impunity in Guatemala (CICIG). Human rights defenders and journalists are regularly the targets of threats and even executions, while the perpetrators of these crimes continue to go unpunished. The reigning impunity fosters violence and criminality in Guatemala.

 

More information?

Nearly seven years ago, after a long-term effort, several NGOs denounced Erwin Sperisen to the Swiss authorities by stressing his responsibility in numerous and serious human rights violations. The Geneva Court rendered a significant judgment today, condemning the former Chief of Police of Guatemala to a life-sentence for 7 extrajudicial executions in 2006 in Guatemala. This conviction sends a strong signal that perpetrators of serious crimes – as high-ranking as they may be – are not immune from criminal sanctions; their victims – regardless of their origins – deserve to receive justice.

After a three-weeks trial and two days of deliberation, the Geneva Criminal Court rendered its verdict on June 6, 2014, condemning Erwin Sperisen to a life-sentence for the murder of seven inmates in 2006 while regaining control of the Pavón prison in Guatemala. Erwin Sperisen, however, is acquitted of his participation in the executions of fugitives from the El Infiernito prison, although the Court acknowledged the Guatemalan police’s cold blood killings of the inmates.

In one voice, TRIAL (Track Impunity Always), the World Organisation against Torture (OMCT), the Action by Christians for the Abolition of Torture (ACAT-Switzerland) and the Communauté Genevoise d’Action Syndicale (CGAS) hailed the conviction.

Philip Grant, Director TRIAL: “Today’s ruling shows that the ideal of justice pursued by so many, in Switzerland and in Guatemala, can be achieved. Despite the distance, despite the complexity of the case and despite intimidation, the determination of the many actors, here and there, has enabled justice to be served. The fight against impunity and for human dignity are the winners of today’s verdict.”

Gerald Staberock, OMCT Director: “Erwin Sperisen’s judgment is a historical moment, not only for the Geneva justice system, but also on a broader scale. His conviction demonstrates that impunity is no longer master, and that those responsible for such crimes can and should be punished. We hope that this judgment will also be a clear signal to the Guatemalan authorities that they should make every effort to end impunity and ensure that victims of human rights violations have access to impartial justice.”

Bettina Ryser, Secretary General of ACAT-Switzerland: “To date, of the 19 persons against whom Guatemala issued arrest warrants for these extrajudicial executions, five individuals – including Erwin Sperisen – have been convicted. Gradually, the courage of witnesses, victims, authorities and NGOs in Guatemala is paying off, even if the climate remains oppressive for both victims and human rights defenders. We hope that this verdict will be a step forward followed by many others in the fight against impunity.”

Chantal Woodtli and Claude Reymond of CGAS: “Carlos Vielman, former Guatemalan Minister of Interior and Erwin Sperisen’s direct superior, is currently under investigation in Spain. We hope that Mr. Sperisen’s conviction will quickly open the way for Mr. Vielmann’s trial in Spain.”

Background

The Trial

The trial was held from May 15 to June 6, 2014 before the Geneva Criminal Court, composed of seven judges. About 15 witnesses were called to testify during the two weeks of hearings. Among them, a French eyewitness – a former inmate of the Pavón prison; representatives of the Guatemalan military and police; investigators of the International Commission against Impunity in Guatemala (CICIG); a forensic pathologist; subordinates of Mr. Sperisen, as well as the former Mayor of Guatemala City. The Prosecutor, Yves Bertossa requested a guilty verdict and a sentence of life in prison, while Alexandra Lopez and Alec Reymond’s, lawyers representing the plaintiff (the mother of one of the victims) followed with pleas for justice. The defence attorneys, Florian Baier and Giorgio Campa pleaded for acquittal. Today’s judgement can still be appealed.

The Procedure and the arrest

Seven years ago, a coalition of NGOs denounced Erwin Sperisen to the judicial authorities for atrocities committed between 2004 and 2007, including the extra-judicial killings for which Mr. Sperisen was being tried. This coalition of NGOs campaigned tirelessly to Geneva’s prosecuting authorities for an investigation against this dual Swiss-Guatemalan national who lives in Geneva. On August 31, 2012, under the orders of Geneva’s Attorney General, Erwin Sperisen was finally arrested.

As a Swiss citizen, Erwin Sperisen could not be extradited to Guatemala. Therefore, the canton of Geneva was alone competent to investigate the case. During the preliminary hearings, Mr. Sperisen was heard 11 times by Geneva’s Attorney Genera. 14 witnesses traveled from France, Guatemala and Spain and four rogatory commissions (international legal assistance requests) were sent to Austria, Spain and Guatemala. The investigation convinced the Geneva Prosecutor of Erwin Sperisen’s criminal responsibility. In January 2014, he decided to bring the accused before Geneva’s Criminal Court for the murder of 10 people in Guatemala, including the summary execution of seven detainees during a military operation at Pavón prison in September 2006, as well as that of three inmates who escaped from the Infiernito prison in 2005.

The Context

This ruling comes at a crucial time in Guatemala: only a year ago, the Guatemalan Constitutional Court annulled the sentence against former President Efraín Ríos Montt for crimes against humanity and genocide. Several important figures of the judiciary have also been replaced or sanctioned. The adoption of recent resolutions restricts even further the possibility for the conflict’s victims to obtain justice (see Amnesty International’s press release for more details). Human rights defenders all agree that intimidation practices and subordination have returned. Today Impunity reigns in Guatemala.

Visit the website dedicated to this or follow the hashtag #Sperisen or #JuicioSperisenfor Spanish speakers

Today, the Geneva judicial authorities have announced the date of Erwin Sperisen’s trial. The former police chief of Guatemala is accused of the murder of ten persons. He will be tried by Geneva Criminal Court from as of May 15th. This trial marks a significant stage in the fight against impunity.

It represents the final chapter in a long and difficult struggle on the part of the NGOs to bring justice to the victims’ families.

Erwin Sperisen is the former head of the PNC, the National Civil Police of Guatemala. About six years ago, a coalition of NGOs brought a legal case against him for atrocities committed between 2004 and 2007. These included extrajudicial killings, torture, enforced disappearances and sexual violence. The coalition of NGOs that brought the case subsequently campaigned for the Geneva judicial authorities to conduct an enquiry against the Swiss-Guatemalan dual national residing in Geneva. On 31 August 2012, Erwin Sperisen was finally arrested on the orders of the Public Prosecutor’s Office of Geneva.

Since then, the defendant has appeared before the Public Prosecutor on 11 occasions. No fewer than 14 witnesses have travelled from France, Guatemala and Spain, and four international legal assistance requests have been sent to Austria, Spain and Guatemala. The enquiry clearly convinced the Public Prosecutor of Erwin Sperisen’s criminal liability, as it was decided in January that the accused would be tried by the Geneva Criminal Court for the murder of ten persons.

The former Guatemalan police chief must now answer for his involvement in :

  • the summary execution – wich was made to look like a confrontation- of seven detainees at Pavón prison in 2006, during an police operation run by Erwin Sperisen and his forces.
  • the summary execution in 2005 of three prisoners who escaped from Infiernitoprison.

For the NGOs, the trial itself already represents a victory against impunity.

Speaking on behalf of the Coalition, Philip Grant, Director of TRIAL, and Gerald Staberock, Director of the OMCT, said ‘The quest for justice pursued by the victims’ families for so many years has not been in vain. This trial shows that there is still hope for the victims of persecution in Guatemala. It also sends a very clear signal to those responsible for such crimes who thought that they were beyond justice.’

Bettina Ryser, General Secretary of ACAT-Suisse, added ‘The Coalition will not play an active role during the trial, but we will be following its progress very closely. We will let the Court do its work, and we have every confidence that Erwin Sperisen will receive a fair and unbiased trial.‘

Chantal Woodtli and Claude Reymond of CGAS concluded ‘We hope that this trial can finally shed a light on the tragic events of which Erwin Sperisen is accused, and deliver justice to the victims.‘

Context

In 2008, the first criminal accusations were filed against Erwin Sperisen at the Geneva Public Prosecutor’s Office by three organisations. These were CGAS (Geneva Association for Trade Union Action), ACAT-Suisse (Swiss section of Christian Action for the Abolition of Torture), and the trade union Uniterre. TRIAL and the OMCT filed an additional criminal charge in 2009.

The Coalition initially wanted to bring to light the use of extrajudicial executions, enforced disappearances, torture and sexual violence by the Guatemalan police between 2004 and 2007. These included the massacres at Infiernito and Pavón prisons as well as the massacre of nine peasants during the eviction from the Nueva Linda farm in 2004, but the judicial authorities considered only the two firsts.

Erwin Sperisen cannot be extradited to Guatemala, as he holds Swiss nationality. Being a resident of the canton of Geneva, the latest has therefore exclusive jurisdiction on the case.

Further information

  • For French speakers, visit the dedicated website ( soon translated into English )
  • For French and Spanish speakers, follow the hastags #processperisen and #juiciosperisen