The decision is not final, but it appears that Guatemala's former Minister of Interior Roberto Carlos Vielmann be tried at home and not in Spain for the murder of ten prisoners by illegal police group created by the Executive of that country. The third section of the Criminal Court of the High Court today approved the extradition of Vielmann to his country, but may not be tried for the offenses of conspiracy and extrajudicial execution of those who accused the Guatemalan justice.
The Spanish court considers that these facts constituted, in fact, 10 counts of murder. The former minister will now turn the floor of the Criminal Division but the last word on the surrender of the Spanish Government will. The judges Alfonso Guevara (President), Guillermo Ruiz Polanco and Clara Bayarri reject all the arguments against extradition presented by Vielmann.
The fact that he has Spanish nationality does not prevent the delivery of acquisition and after the alleged murders for which he expected to be tried. Neither admit that these crimes are political in nature. "While the crime of extrajudicial execution contains a statement that the motive for the crime are the political motives, this does not establish that the offense is a political crime," said the court.
Neither applies to judges that in Spain has opened a case against him for those facts, because it has preferred the justice of his country. Moreover, as emphasized by the resolution, the Spanish judicial investigation, currently on hold pending a final decision on extradition, was opened at the request of the International Commission Against Impunity in Guatemala (CICIG) under the United Nations, the same that began in the latter case.
Finally, the National Court denied that any harm to your life if you return to Guatemala because it has no abuse or no attempt on the life of other people being investigated and tried for the same acts by the courts of his country. The resolution approving the extradition of Vielmann the subject, however, a number of conditions.
The first is to face trial for ten murders and extrajudicial executions and not conspiracy, crimes, although they could have a translation in the Spanish Penal Code, are not in the list of offenses for which, according to the Extradition Treaty Spain and Guatemala, a detainee may be released.
Guatemalan law provides a penalty of between 25 and 50 years for murder, which could lead to the death penalty in cases of particular danger, but the Court requires that this sentence should be imposed, be commuted to prison. The Guatemalan government has given assurances that it will be.
Vielmann was arrested at his home near the Retiro Park in Madrid on October 13. During his time as minister, from July 22, 2004 and March 26, 2007 - formed with several of his subordinates' criminal parallel structure "to exclude certain people, according to the Guatemalan justice. Among the objectives elected three prisoners escaped from prison in El Infernito in the department of Escuintla.
Once located and arrested by police, was ordered to surrender the illegal group allegedly formed by Vielmann, who killed without trial. One of them shot him in the neck after take a statement and videotape his interrogation. Then, the alleged murderers opened fire on their car and put a gun between his legs to simulate the body had been no confrontation.
The other two prisoners died in a similar way. Vielmann publicly justified his death by the resistance they opposed. The other seven murders he is accused of rioting inmates are in prison in the municipality of Fraijanes Pavón. Vielmann sent men of his criminal group to spy on the leaders and then drew up a list of your goals.
After entering the blood and fire in the prison, searched their victims and shot them dead. Then they stood by hand grenades and other weapons and the rest of the cases. 
The Spanish court considers that these facts constituted, in fact, 10 counts of murder. The former minister will now turn the floor of the Criminal Division but the last word on the surrender of the Spanish Government will. The judges Alfonso Guevara (President), Guillermo Ruiz Polanco and Clara Bayarri reject all the arguments against extradition presented by Vielmann.
The fact that he has Spanish nationality does not prevent the delivery of acquisition and after the alleged murders for which he expected to be tried. Neither admit that these crimes are political in nature. "While the crime of extrajudicial execution contains a statement that the motive for the crime are the political motives, this does not establish that the offense is a political crime," said the court.
Neither applies to judges that in Spain has opened a case against him for those facts, because it has preferred the justice of his country. Moreover, as emphasized by the resolution, the Spanish judicial investigation, currently on hold pending a final decision on extradition, was opened at the request of the International Commission Against Impunity in Guatemala (CICIG) under the United Nations, the same that began in the latter case.
Finally, the National Court denied that any harm to your life if you return to Guatemala because it has no abuse or no attempt on the life of other people being investigated and tried for the same acts by the courts of his country. The resolution approving the extradition of Vielmann the subject, however, a number of conditions.
The first is to face trial for ten murders and extrajudicial executions and not conspiracy, crimes, although they could have a translation in the Spanish Penal Code, are not in the list of offenses for which, according to the Extradition Treaty Spain and Guatemala, a detainee may be released.
Guatemalan law provides a penalty of between 25 and 50 years for murder, which could lead to the death penalty in cases of particular danger, but the Court requires that this sentence should be imposed, be commuted to prison. The Guatemalan government has given assurances that it will be.
Vielmann was arrested at his home near the Retiro Park in Madrid on October 13. During his time as minister, from July 22, 2004 and March 26, 2007 - formed with several of his subordinates' criminal parallel structure "to exclude certain people, according to the Guatemalan justice. Among the objectives elected three prisoners escaped from prison in El Infernito in the department of Escuintla.
Once located and arrested by police, was ordered to surrender the illegal group allegedly formed by Vielmann, who killed without trial. One of them shot him in the neck after take a statement and videotape his interrogation. Then, the alleged murderers opened fire on their car and put a gun between his legs to simulate the body had been no confrontation.
The other two prisoners died in a similar way. Vielmann publicly justified his death by the resistance they opposed. The other seven murders he is accused of rioting inmates are in prison in the municipality of Fraijanes Pavón. Vielmann sent men of his criminal group to spy on the leaders and then drew up a list of your goals.
After entering the blood and fire in the prison, searched their victims and shot them dead. Then they stood by hand grenades and other weapons and the rest of the cases.
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