Judicial Body: Criminal Court of the Geneva Court of Justice

While Erwin Sperisen was Chief of the National Civil Police (PNC) in Guatemala, numerous crimes were committed by the security forces. In October 2005, after a number of inmates had escaped from Infiernito prison, Mr Sperisen and his colleagues implemented the “Plan Gavilán”, the aim of which was to track down and execute the escapees and then to cover up the crime. Three escapees were murdered. A year later, the intervention by Mr Sperisen and his officers at Pavón prison resulted in the deaths of seven prisoners. Once again, the crime scene was covered up. These executions caused a scandal that forced Mr Sperisen to resign on March 20, 2007. He then fled Guatemala and, thanks to his dual Guatemalan and Swiss nationality, went to live in Geneva.

Shortly afterwards, CGAS, ACAT and Uniterre reported Erwin Sperisen before the competent Swiss authorities. In August 2012, after TRIAL had provided new evidence, an international arrest warrant was issued and Erwin Sperisen was arrested in Geneva. The mother of a Pavón victim, who was traced in Guatemala by the TRIAL team, then joined the proceedings.

In June 2014, Erwin Sperisen’s first instance trial was held before the Geneva Criminal Court, which sentenced him to life imprisonment for the extrajudicial execution of seven inmates during the Pavón operation.

In May 2015, Erwin Sperisen’s trial on appeal was held before the Criminal Chamber of the Geneva Court of Justice, which once again sentenced him to life imprisonment, this time for all the crimes with which he had been charged, that is to say, the extrajudicial execution of 10 detainees on two different occasions. The outcome of this case, of vital importance to the victims, was the first conviction of a Central-American national police chief for extrajudicial executions.

In July 2017, following the defense’s appeal, the Swiss Federal Court referred the case back to Genevan tribunals, without ruling on the guilt of the former Head of the Guatemalan police. Erwin Sperisen’s second trial on appeal took place in April 2018 in Geneva. The public prosecutor requested a life imprisonment for his alleged participation in 2006 in the assassination of several detainees in the Pavon prison. Alternatively, the prosecutor requested 15 years of imprisonment for Erwin Sperisen in case the court decided to convict him merely for complicity in these murders. The defense pleaded for his acquittal.

On 27 April 2018, the judges of the Criminal Chamber of Appeal and Revision of Geneva convicted Erwin Sperisen to a penalty of 15 years of-imprisonment. They found him guilty of complicity in the extra-judicial killings of seven inmates of the Pavon prison. Following this judgment, Erwin Sperisen has not been detained but substitutive measures which were decided upon by the Swiss Federal Court on 20 September 2017, have been maintained. He is therefore serving his sentence under house arrest.

In November 2019, the Swiss Federal Supreme Court (FSC) upheld Erwin Sperisen’s sentence to 15 years in prison. The judicial saga that had occupied TRIAL International’s lawyers and their partners for almost 10 years seemed to be finally over. But this was without counting on the acrimony of the lawyers of the opposing party, who asked for a review of the decision rendered by the FSC, and applied for disqualification of a federal judge.

In April 2020, Sperisen’s two applications were dismissed. The Swiss Federal Supreme Court thus puts an end to Sperisen’s attempts to escape his conviction.

On 27 May 2020, Sperisen brought a case to the European Court of Human Rights (ECtHR) alleging violations of Articles 3, 5, 6 and 13 of the European Convention on Human Rights, including alleged partiality of the judges and a breach of his presumption of innocence.

 

 

Geneva’s justice system has condemned  Erwin Sperisen for 10 murders. The former Guatemalan Chief of Police was found guilty of extrajudicial murders and sentenced to  life imprisonment. For the NGOs that denounced his actions, justice has now been done and this case will stand as an example in the continuing fight against impunity for State crimes.

On 12 May 2015 at 17.00 hours (UTC +2), the Criminal Division of the Court of Justice passed its verdict and found Erwin Sperisen guilty of 10 murders. The sentence was passed in Geneva’s  Palais de Justice. The former Chief of Guatemala’s National Civil Police (PNC) was found guilty and sentenced to life imprisonment for 10 murders that occurred while his forces were regaining control of Pavon prison in Guatemala in 2006. As opposed to the initial trial, the appeal judges also condemned Mr. Sperisen for  participating in the executions of the «El Infiernito» prison escapees. Erwin Sperisen’s conviction follows those of several other individuals also sentenced for the same crimes to long prison terms in Guatemala

For the NGOs, confirmation of Mr. Sperisen’s conviction by the Swiss courts sends a strong signal that State crimes cannot go unpunished. They have unanimously welcomed the result:

  • Bettina Ryser, Secretary General of ACAT-Suisse: “We welcome the courage of the Guatemalan witnesses, victims and NGOs in denouncing the atrocities committed. This conviction shows that, despite all the obstacles, their efforts are gradually bearing fruit and they must continue to defend the rule of law.”
  • Philip Grant, Director of TRIAL (Track Impunity Always): “The sentence passed is proof that the justice system is able to prove the involvement of the State and its representatives in serious human rights violations, and bring them to justice. We hope that Erwin Sperisen’s conviction will set an example, particularly to the Spanish authorities, who must now prosecute his immediate superior, former minister Carlos Vielman, for the same acts.”
  • Gerald Staberock, Director of OMCT: “This decision sends a clear signal to the Guatemalan authorities, who must do everything in their power to guarantee victims access to impartial justice and to put an end to the endemic impunity that is enjoyed by torturers and the perpetrators of serious human rights violations.”
  • Chantal Woodtli and Claude Reymond of the CGAS: “The impunity that has too long been enjoyed by the ruling class in Guatemala has been overturned. This decision is evidence of this, as are the significant demonstrations that have taken place to demand Vice-President Baldetti’s removal from office for involvement in corruption cases.”

 

Background to the Sperisen case

Trial

A trial was held from 15 May to 6 June 2014 before Geneva’s Criminal Court, which is composed of seven judges. Some 15 witnesses were called to testify during two weeks of hearings. His lawyers appealed and Erwin Sperisen was retried by Geneva’s Criminal Court from 4 to 6 May 2015, without any witnesses being heard. The verdict of this second hearing was made known on 12 May 2015. Mr. Sperisen may still appeal to the Federal Court but any hearing will only consider issues of possible violations of the law or arbitrary evaluations of the facts.

Procedure and arrest

  • Nearly eight years ago, a coalition of NGOs denounced Erwin Sperisen to the judicial authorities for atrocities committed between 2004 and 2007. This coalition of NGOs campaigned tirelessly before Geneva’s prosecuting authorities for an investigation into this dual Swiss-Guatemalan national who lived in Geneva. An arrest warrant was also issued for him by Guatemala. On 31 August 2012, on the orders of Geneva’s General Attorney, Erwin Sperisen was finally arrested.
  • As a Swiss citizen, Erwin Sperisen could not be extradited to Guatemala because the Federal Constitution prevents Switzerland from extraditing its own citizens: Switzerland is obliged to try them even if their crimes have been committed abroad. The Canton of Geneva alone was therefore competent to investigate the case.
  • During the preliminary hearings, Mr. Sperisen was heard 11 times by Geneva’s Attorney General. Fourteen witnesses travelled 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.

Context

Guatemala is a country marked by considerable violence committed both by gangs and by the authorities, which have too long cohabited with organised crime and ignored the rule of law. And yet the State has a Constitution and laws, and it has ratified international conventions for the protection of human rights. As in Switzerland, neither murder nor the death penalty are permitted, and nor is the murder of prisoners. Members of the police force are there to ensure that the law is upheld and they do not have any right to life or death over their fellow citizens. Several other individuals involved in the same acts have also been brought to justice:

  • Victor Soto Diéguez, former Chief of PNC Investigations, sentenced to a 33-year prison term in January 2015.
  • Axel Arnoldo Martínez Arriaza and Víctor Manuel Ramos Molina, both former members of the PNC Investigations Team, sentenced to a 25-year prison term.
  • 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, former Minister of the Interior, is still awaiting trial in Spain. According to our sources, this trial could take place in Madrid within the next few months, before the Criminal Court (Sala de lo Penal de la Audiencia Nacional).

 

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.

 

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