Federal Supreme Court rejects appeal by Erwin Sperisen
Published: Wednesday, Apr 17th 2024, 12:10
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The Federal Supreme Court has rejected an appeal by the former head of the Guatemalan National Police, Erwin Sperisen. It concerns the termination of investigations into two witnesses who incriminated Sperisen in the trial before the Geneva judiciary.
Sperisen is of the opinion that the two men accused him during his trial against his better judgment. They are a Frenchman imprisoned in Guatemala and a Spanish investigator. Sperisen's conviction for accessory to murder was overturned in 2023 following a decision by the European Court of Human Rights (ECtHR).
Sperisen filed a complaint against the two witnesses for false testimony and defamation. The Geneva judiciary closed the investigation in 2021. In a ruling published on Wednesday, the Federal Supreme Court has now stated that the ECHR's decision in the Sperisen case has no connection with the decisions to discontinue the aforementioned investigations.
Judge not involved
The ECtHR found that the presiding judge of the Geneva Appeals Chamber in the trial against Sperisen appeared to be biased. However, this judge was not involved in the proceedings against the two witnesses, as the Federal Supreme Court writes.
It went on to state that the complainant could apply to the Geneva public prosecutor's office to reopen the proceedings against the two witnesses if the criminal law requirements were met.
The Geneva judiciary announced three weeks ago that the new trial against Sperisen will take place in September. The Geneva public prosecutor's office accuses him of being involved in the elimination of seven prisoners in 2006 when the Guatemalan security forces took over a prison controlled by a group of prisoners. (Judgment 6F_46/2023 of 2.4.2024)
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