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Organización Internacional de Derechos Humanos - OIDH

Emblematic Phoenix Case

Emblematic Phoenix Case

Fénix Case -"EMBLEMATIC" Judicial Process that Constitutes a "TRIPLE CRIMINAL PERSECUTION" and LEGAL TERRORISM -Criminal Case: C-01071-2005-01599 CONNECTED TO C-01075-2003-05426.

First Criminal Court of First Instance, Drug Trafficking and Crimes against the Environment, for High Risk processes, Group "D" of the department of Guatemala, in charge of Judge Erika Lorena Aifán Dávila.

This process has the peculiarity that it was already DISMISSED and FILED DUE TO EXISTING DOUBLE CRIMINAL PROSECUTION AND FOR NOT EXISTING A PUNISHABLE ACT, since August 27, 2014, which began in 2003, made up of two (2) cases or judicial processes on the same facts of a Trust ( legal figure allowed in Guatemalan legislation) where a Bank of the system was the trustee, the first process being C-01075-2003-05426 and the second process C-01071-2005-01599, from 2003 and 2005, respectively. However, DESPITE THE END OF BOTH PROCESSES, they are illegally resuscitating them. Reason for which the first process in the year 2014 came to an end by virtue of having resolved the merits of the matter, for which reason the proceedings were DISMISSED and ARCHIVED, due to the existence of civil judgments of rescission of contracts entered into between the Trust Bank of the FIPRODESO Trust, and two (2) entities with which the Bank did business.

Emerging a second process C-01071-2005-01599 which, when verified by the new judge that it was the same facts, the DISMISSAL was declared for DOUBLE CRIMINAL PROSECUTION and for NOT HAVING CRIMINAL ACTION, again ordering its file, in addition, it was granted PARTIAL DISMISSAL in favor of one of the defendants. However, incredible as it may seem, said process was reopened illegally ( a fact that is not possible under Guatemalan law).) as a result of the illegal reopening, illegal arrest warrants were issued again, even against the person whose proceedings were annulled and who was granted PARTIAL DISMISSAL on March 12, 2009. In 2019, the -FECI illegally reopens the process for the third time, derived from such illegality there are people detained related to the "EMBLEMATIC" FENIX case, they keep them KIDNAPPED under the illegal figure of "Indefinite Provisional Prison", for more than sixteen (16) months, where the judge has been made to see that the case was not only incomplete but also that it is still incomplete because the Appeals Chamber revoked the reinstatement of proceedings and also the process continues to be dismissed due to DOUBLE CRIMINAL PROSECUTION, and that at be the same fact, the same people and the same process,

Abogados cuestionan acusaciones de FECI
En el caso "Fénix", los abogados defensores apelaron a la falta de mérito, para pedir la libertad de los presuntos implicados en el fraude monetario al IGSS.

Piden libertad y falta de mérito para sus patrocinados

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