Sir William Brouder KCMG speaks out on the ruling of the Criminal Court of Guatemala, which contravenes the Constitutional Court with its latest resolution.

Paradoxically, the Criminal Court contradicts the CC with its latest ruling. What do you think about this?

On October 9, we were notified of the ruling dated July 9, 2024, issued by the Criminal Chamber of the Supreme Court of Justice, which confirms the ruling dated January 8, 2020, issued by the Second Chamber of the Court of Appeals for High-Risk Proceedings and in which the conviction against Igor Bitkov was confirmed for the documents issued by the State of Guatemala.

The ruling of the Criminal Court is dated before the final Amparo ruling issued by the Constitutional Court, dated September 11 of this year. The ruling issued by the Constitutional Court declares that, in the case of Irina Bitkova and Anastasia Bitkova, because they are migrants, the exemptions from criminal liability regulated by the Migration Law and the Palermo Convention must be applied.

Due to the above, the Constitutional Court, chaired by Néster Vásquez, will have to hear the case of Igor Bitkov, which contains the same legal situation that it already heard in relation to Irina Bitkova and Anastasia Bitkova, and where it granted the corresponding constitutional protection by considering them migrants and exempt from criminal liability.

See more: https://247prensadigital.com/24-7/the-cc-has-to-know-the-case-of-igor-rolando-alvarad-magnitsky-prize-for-human-rights/

The reactions of the Bitkov family, as well as of human rights groups in Guatemala and internationally, were not long in coming.

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