of ESR in the framework of Operation Gavilán, on August 8, 2013, the First Court for Criminal
Justice, Drug-Trafficking and Environmental Crime issued a sentence in which Víctor Hugo
Soto Dieguez was sentenced, who:
[…] in his capacity as a public official as Commissioner of the National Civil Police, in Guatemala
City in the month of October 2005, formed a special team made up of members of different bodies
of the National Civil Police, for the recapture of the 19 escaped prisoners […] parallel to said plan,
it was determined that once the fugitives had been captured, they should be extrajudicially
executed […].73
93.
Said judgment recognizes that the “Gavilán Plan” was created by the National Civil
Police to search for and capture the 19 inmates who had escaped from “El Infiernito” prison,
among whom was Mr. ESR. In addition, the judgment indicates as a proven fact that in parallel
to the "Gavilán Plan" it was determined that once the prisoners were captured, they should
be executed.74 This action was also stated by other officers who were part of the “Gavilán
Plan”.75
94.
In this regard, the International Commission against Impunity in Guatemala, in its
press release 041, based on this judgment, indicated that the interference of authorities in the
integration of a parallel structure with the power to carry out the extrajudicial execution of the
fugitives from “El Infiernito” was evident, on the basis of eliminating those who were
considered "degenerates" and "enemies of society". Said document indicates that the "Gavilán
Plan" was the façade of a structure made up of senior officials, PNC agents and civilians, led
by the Minister of the Interior at the time, CVM, and the director of the National Civil Police
ESV”. 76 Along these lines, the Commission referred to the statement of the International
Commission against Impunity in Guatemala regarding the conviction handed down on August
8, 2013 by the First Court of Higher Risk B for the extrajudicial execution of one of the people
who escaped from “El Infiernito” prison. 77
95.
Furthermore, on February 19, 2007, the Special Rapporteur on extrajudicial executions
published a report on the current context in Guatemala, and according to the information
obtained from the complaints of employees of the Division of Criminal Investigation
determined that “it [was] evident that groups dedicated to social cleansing continued to
function,” pointing out in particular the “National Police Detective Corps.” He also specified
3, fs. 13687 to 13691); JTS rendered before the hearing room occupied by the First High-Risk Criminal Court of First
Instance “A”, of the Municipality and Department of Guatemala in the first statement hearing of November 13, 2018
(supervening evidence file of the representatives, annex 4).
73
Judgment of the Court of First Instance for Criminal, Drug-Trafficking and Environmental Crime of
Guatemala of August 8, 2013, of case C-01076-2006-17857 (file of annexes to the brief with pleadings, motions
and evidence, annex 30, fs. 6950 to 7249).
74
Cf. Judgment of the First Court of Criminal Sentencing, Drug Activity and Crimes against the Environment
of Guatemala of August 8, 2013, supra.
75
Cf. Testimonial statements of: PMV given before the Special Prosecutor Against Impunity on January 23,
2019, supra; SPG rendered before the Special Prosecutor Against Impunity on November 23, 2018, supra; of EJC
rendered before the Special Prosecutor Against Impunity on November 22, 2018, supra; JTS rendered before the
courtroom of the First High-Risk Criminal Court of First Instance “A”, of the Municipality and Department of
Guatemala in the first statement hearing of November 13, 2018, supra; HOO before the courtroom of the First
High-Risk Criminal Court of First Instance “A”, of the Municipality and Department of Guatemala, in the first
statement hearing of November 13, 2018 (supervening evidence file of the representatives, annex 5); AVC
rendered before the courtroom of the First High-Risk Criminal Court of First Instance “A”, of the Municipality and
Department of Guatemala, in the first statement hearing of November 13, 2018 (supervening evidence file of the
representatives , annex 5); JDM before the courtroom of the First High-Risk Criminal Court of First Instance “A”, of
the Municipality and Department of Guatemala in the first statement hearing of November 13, 2018 (file of
supervening evidence of the representatives, annex 5).
76
CICIG, press release 041, Court sentences those responsible for extrajudicial executions, August 8, 2013.
Viewed at: https://www.cicig.org/casos/tribunal-condena-a-responsables-de-ejecuciones-extrajudiciales/.
77
Cf. Admissibility and Merits Report of the Commission, supra.
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