The International League Against Arbitrary Detention urges the Government of Guatemala to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 24/2023 concerning Lilian Virginia Laparra Rivas starting for the Government of Guatemala to immediately and unconditionally release Lilian Virginia Laparra Rivas and to accord her an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Lilian Virginia Laparra Rivas (Guatemala): Opinion No. 24/2023.
HELD INCOMMUNICADO AND IN PREVENTATIVE DETENTION FOR TEN MONTHS
Lilian Virginia Laparra Rivas, a 44-year-old woman from Quetzaltenango, Guatemala, is a prominent lawyer who was serving as head of the Special Prosecutor's Office against Impunity. Ms. Laparra Rivas was tasked with the criminal prosecution of cases related to acts of corruption and macro criminality, linked to illegal security forces, clandestine security apparatuses, and criminal structures embedded in public institutions.
Ms. Laparra Rivas ordered the Public Ministry to dismantle a network of justice operators who were leaking information to individuals accused of corruption. In retaliation for having filed administrative complaints against judges, Ms. Laparra Rivas had to defend herself, for the same facts, in two different cases, in two different cities.
On 23 February 2022, at the request of the Public Ministry, a hearing was held without the presence of Ms. Laparra Rivas's technical defence. The Public Ministry requested the arrest of Ms. Laparra Rivas, arguing it feared she could flee the country, despite not having presented any evidence or indication that could support said fear. She was detained upon leaving her workplace at the Special Prosecutor's Office against Impunity. After being transferred to Guatemala City, she was admitted to the detention cells of the Guatemala City courts and held incommunicado.
Although an arrest warrant was presented, the reasons for Ms. Laparra Rivas's preventive detention lacked individualised evaluation. She was in preventive detention for roughly ten months. The authorities cited formalistic and generalised reasons without explaining why her freedom needed preventive deprivation, such as assessing flight risk or interference with the legal process. Despite being accused of a non-violent crime, the necessity of isolating her from society wasn't justified, nor were alternative preventive measures considered. Therefore, the Working Group found violation of article 9 in both the Covenant and Declaration of Human Rights. Ms. Laparra Rivas's arrest and detention was deemed to be arbitrary under category I.
LAWYER UNABLE TO EXERCISE RIGHT TO DEFENCE
Ms. Laparra Rivas was detained for a lengthy period due to exercising her legitimate right to defence. The presiding Judge considered this to be a reason as to why she should be deprived of her freedom. The source cited that the arrest and legal proceedings were also in retaliation for her whistleblowing in corruption investigations, resulting in sanctions for exercising her freedom of expression by filing complaints against a judge involved in those cases. The Working Group concluded that the deprivation of liberty of Ms. Laparra Rivas was arbitrary, falling within category II, since it resulted from her exercise of the rights guaranteed by article 14 (3), of the Covenant.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the UN Working Group Against Arbitrary Detention considered that the detention of Ms. Laparra Rivas was arbitrary and fell under categories I and II because her deprivation of liberty was in contravention of article 9 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.
The Working Group expressed its utmost concern regarding the source’s allegation that Ms. Laparra Rivas was in detention for more than 2 years. The Working Group considered that, taking into account all the circumstances of the case, the appropriate remedy would be to unconditionally release. Ms. Laparra Rivas immediately and accord her an enforceable right to compensation and other reparations, in accordance with international law.
RELEASED AFTER THE WGAD OPINION BUT SUBJECTED TO HOUSE ARREST
A judge in Guatemala City authorised Ms. Laparra Rivas's immediate release but in January, 2024, she was subjected to house arrest and required to report to authorities every 15 days ; a situation that according to the E/CN.4/1993/24 Report of the Working Group on Arbitrary Detention, under Deliberation 01, amounts to deprivation of liberty if the subject cannot leave a closed premises. Additionally, Amnesty International's post-release article highlights Ms. Laparra remains convicted of a crime she did not commit and faces another unfounded trial, due to the use of criminalisation against dozens of people who, like her, have led the fight against impunity.
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