With this injustice, the judge Erika Aifán sends us to Judgment without accepting our 25 strong evidences of innocence.
Sometimes, people tell me that I think too positive. At the end of the intermediate stage of our process this was confirmed. At the last moment, I kept hope, that justice was going to be fulfilled, at least partially, in spite of all the illegalities that they had done, the accusing party and of the judge Erika Aifán. But reality came out worse than our lawyers and I expected.
We were very optimistic when, on March 6, we received notification of the resolution of the Constitutional Court (CC), that granted definitive protection in favor of my wife Irina and forced the appeals chamber of the highest risk court, to issue a new resolution on its coercive measure.
Among all, CC forced the magistrates to take into account our arguments:
That we are emigrants and the law prohibits emigrants in criminal proceedings, that a substitute measure should be applied as the main rule and that there is no danger of escape.
In fact, what we least expected, was that the said chamber, not only ignored the resolution of the CC, but also did a judicial fraud. They received our challenge to the magistrates who previously issued the negative resolution.
In order to not execute our challenge, the same magistrates: Anabela Cardona Cambara; Mynor Oxom Paredes; Harold Ortiz Pérez, with the date March 9 issued the same resolution, without complying with the decision of the CC, violating the procedural rules. It may be that the magistrates did not even look at what they signed.
From the new resolution to date, they haven’t notified our lawyers or us. To simulate the procedure, they threw an envelope on the floor in front of the hospital where Irina was, more than a year ago, supposedly saying that we never received it.
It seems that the resolution of the CC, provoked Judge Erika Aifan, to completely change her schedule. Our intermediate phase started on August 3, 2016 and went very slowly. The hearings were planned one each 8 or 15 days, most of them were suspended on formal pretexts. In this way, the judge could take this intermediate phase until next year, but everything was changed after the resolution of the CC that protected Irina. Suddenly, the judge rushed the process. She started planning hearings, one or two for each week, for 12-14 hours per day and stopped suspending them for any reason.
I believe that all this haste was provoked because of the reason that soon would came out the new resolution from the CC about my protection, that is going to benefit me personally.
Now we understand very well all the cunning maneuvers of Erika Aifan. She previously planned to resolve my request for a substitute measure on March 10, but on this day we received the resolution of CC. The judge suddenly declared that she made changes in the schedule and will resolve my request after the offer of evidence, without explaining anything more. They used this time to issue the same resolution of the appeals chamber without complying the ruling of the CC and have support to deny me the substitute measure.
The offering of evidence became a show of judicial inequality
There was much discussion on the two sides. But, what happened with VTB bank is something exceptional. This bank, belongs to the Russian government, but in reality its true master is only V. Putin. In the process against us this bank is presented as a screen, and behind it is Putin, who has the sole purpose – to execute my family and take us to Russia.
From the beginning, the bank made contradictory statements, initially, accusing us of fraud and then a debt, but finally stating that on financial terms they have nothing against us. The reason for these contradictions is simple – the bank has no evidence of its accusations. The few papers that the bank presented are badly made but obviously falsified copies that pretend to prove that I was guarantor of a company.
What does this copy has to do with our accusation?
The same representatives of the Russian Bank VTB in Guatemala declared, that they didn’t have the original and for that reason it was denied the provocation of demand against us in Civil Court. The Representatives of the VTB Bank raided to our claims since they have no criminal or civil lawsuit in Guatemala to prosecute.
Even though this surety existed, this is not a matter of criminal proceedings as where we are. These copies, where the signatures are almost erased, are not even translated legally in Guatemala. Our lawyers and almost all the lawyers of other defendants opposed to that evidence for being illegal and impertinent. If it’s hard to believe watch the video below.
But, the judge Erika Aifan, accepted all the copies from the bank without giving any comments. That was her new strategy – to stop making comments.
We presented 25 rebuttal evidences, as proof that all the paperwork of our personal documents given in governmental offices, were made trough de law firm “Cutino International.” There are ads of this company, with its address, telephone numbers and other data.
There are credit cards that this company issued in a bank, with the name “Cutino International” and they delivered to its customers. There is our complaint against Cutino International. There are recorded testimonials about this company and other documents. Everything was rejected. The accusers spoke 50 minutes, trying to convince Erika Aifán, that the evidence is impertinent and that “Cutino International” is not part of the process. You can watch the following video.
How is Cutino International not part of the process?
It must be part of the process; they did all the paperwork! We did not even speak Spanish at that time, when we came to Guatemala, and we have the certificates of our studies in a language academy that confirms that we did not know Spanish at the beginning.
Erika Aifan found another pretext to reject our evidence. All have dates after May 5, 2015, when, according to the judge should end the investigation. For this reason, she rejected almost all the evidence, especially everything related with the company “Cutino International“. Obviously they do not want to clarify the truth. What they want, is to defend their false accusation. They left us without evidence. By the way, of course, that the proofs were obtained after May 5, 2015. At that time the process was frozen due to the absence of the judge and we expected that in the first hearing we will be released according to the law, which clearly states that no migrant can not be involved in criminal proceedings for use and creation of false documents.
Who knew that the judge was going to be Erika Aifán who does not care about law or justice?
My request for the substitute measure was still pending. Erika Aifán waited until the last hearing of the middle stage to solved my request. This hearing was held on April 28. I spoke first.
I tried to keep calmed without raising my voice and not showing the anger that I felt for all the injustice we were experiencing. I explained once more that we are emigrants and we received documents through the company “Cutino International“, that we suffer political persecution from the State of Russia, that we never committed any crime in Russia or Guatemala, that our daughter is sick and our son is very small and my wife has many difficulties being alone without any relatives, even to keep the family economically, I have been in jail almost two years and four months illegally and no foreigner has ever been in jail for this crime before, that I have health problems.
Then our lawyer spoke. He said among all that the protection given to my wife, certainly should benefit me too because we are in the process for the same fact and that the laws in Guatemala as well as international laws prohibit to put us, emigrants, in criminal proceedings. In this time, the accusers opposed on different forms than previous hearings. Before they at least tried to oppose our arguments using ridiculous arguments but still arguments, such as that we were not emigrants or that they had doubts that we were emigrants or refugees.
This time they avoided talking about this topic completely, not a word. Their argument was only one, that there was danger of escape and in this sense they said that we can hire some other company that will provide us with documents from another country, as in Guatemala.
My lawyer then paid attention to the judge in the pronouncement, that all the accusers confirmed, that it was the company, that made the paperwork in Guatemala and it was not us. They know this perfectly but in their accusations they declare otherwise. That is how the falsity of the accusation is discovered.
But the most curious thing was the statement of Claudia Gonzales, who represents CICIG. She said that:
It is very regrettable that I am still in prison and it is true that no foreigner has ever been in jail for this crime before, but it was my fault, because I refused to accept the abbreviated procedure that they proposed since the beginning. If I had accepted the crime, I would immediately obtain freedom.
The conclusion of Claudia González of CICIG was definitive
I must remain in prison until the end of the trial and it does not matter that the condemnation of these alleged crimes against me is commutable and, moreover, is already excessively fulfilled.
The representative of the VTB bank and the law firm “Comte & Font” was dedicated to talk about the protection of the Constitutional Court in favor of Irina.
He informed everyone that the appeals chamber has already issued a new resolution that again confirms pre-trial detention for my wife.
This was very interesting to my lawyer who replied that for almost two months after that resolution, neither of our lawyers nor the accused were notified. But somehow, the representatives of “Comte & Font“, already had the resolution and used it as argument to not give me a substitute measure.
In spite of everything, we presented a complaint appeal, which leaves the resolution of the chamber without validity, for that reason that document still has no value. What does make sense, is to take into account the resolution of the CC, which clearly orders:
“To issue the new resolution, taking into account our arguments, including the laws, which prohibit immigrants in criminal proceedings for use and creation of documents. “
This was not fulfilled. This is another proof of the alteration of this legal process. The odd thing, is that only “Comte & Font“, had the resolution of the chamber, nobody of us were notified. It may be that they themselves participated in all of this fraud.
Erika Aifán, for some reason wanted to finish everything in this same hearing, which was extended from 8:30 in the morning until 1:00 in the morning of the following day. When, almost all the lawyers and prosecuted, were already tremendously tired, she dictated her resolution denying to grant me a substitute measure arguing that the primitive circumstances did not change.
In her resolution, she declared that I don’t have temporary residence in Guatemala. This is totally false. My lawyer corrected her and showed her the document confirming my residence.
At this point, the judge turned off the recording of the hearing and said:
That yes …. This was her mistake and she has evidence that I have temporary residence … but nothing changed and she, under any circumstances, refuses to grant me a substitute measure.
The injustice was evident. It is prohibited to turn off the recording at any time during the duration of the hearing. We expected that Erika Aifán would comment, because she violates Migration laws and the Treaty of Palermo. We remember that at the beginning of the intermediate phase in August 2016, she commented that she had doubts that we are emigrants. After this, our lawyers presented many evidences, that proved we are emigrants. It seems that the judge has no valid argument and therefore preferred at this time, neither speak, nor give us any further comment on the violation of laws. Thus, it became clear that she does injustice consciously, knowing that she is violating the law.
At this moment I thought:
“Why the judge, violates the laws in such a serious way. What is her motivation for committing a crime? “
No doubt, the judge must realize that she is committing a crime. Among the answers I have:
- For some reason, Erika Aifán is relying on her impunity, which is probably promised by the Public Prosecutor’s office and CICIG.
- Very likely, there is a strong personal interest in committing PREVARICATE crime. It may be money or another benefit. We know that “Comte & Font” receives $50,000 each month from the Russian embassy to keep the persecution against us. It may be, that the judge also benefits in some way by the Russian embassy.
- The same interest of some benefit, may have the prosecutors of the Public Prosecutor’s office and CICIG and the magistrates of the appeals chamber, who also commit the crime of prevaricate and non-performance of functions, denying to apply the corresponding laws in our case.
- It may be another reason for injustice – the desire to condemn us in any way, even if everything is illegal, only to justify their initial mistake, when we were illegally captured. Because the case, already became well known in the country and outside the country, neither CICIG nor the Public Prosecutor’s office, in any way want to accept their mistake.
Well, whatever it is. What all this judicial plot makes, practicing injustices everywhere – is a crime. It seems that all these characters do not understand what they do. It may be that they believe that doing evil and so much illegality against our family, is not something serious. It seems they sincerely believe that the purpose justifies methods. I listen to many insults during the process, based on the accuser’s lies.
It is a common practice to tarnish the accused to justify illegal methods. At the end of the day, all these judicial body operators act illegally.
I feel sorry to state, Justice is not done through injustice, the end will be sad. When I look these people:
The prosecutors, the judges, people from Comte & Font – they all seem as normal people, which smile, eat hamburgers, tell jokes, just like regular people.