Guatemala Court rejects appeal of son of Martinelli

Luis Enrique Martinelli Linares, detained in Guatemala nine months ago, moved one step closer to extradition to the  United States when a court rejected on Monday, April 26  an appeal against the judges who must decide his eventual removal.

The challenge was presented by Denis Cuesy Lessing, the lawyer for Martinelli Linares, who argued in his claim that the judges of the Fifth Court of Criminal Sentencing, Drug Trafficking and Crimes against the Environment had issued opinions, without knowing the response of the Central American Parliament (Parlacen), on the alleged prerogatives that his client would have.

Since his arrest, on July 6, at the La Aurora airport in Guatemala City , the defense of Luis Enrique and his brother Ricardo Alberto Martinelli Linares (also detained in that operation) has been based on the fact that both are diplomats and alternate deputies of the Parlacen.

The regional body has recognized that the two sons of former President Ricardo Martinelli have never been sworn in or have served as such, although they were elected in office in the general elections of May 2019.

Cuesy maintains that the opinions advanced by the Fifth Court, without waiting for the formal opinion of Parlacen, violate the right of defense of his client.

However, on April 26, justices Freedyn Waldemar Fernández Ortiz (president), Aura Marina Mancilla Solares and Carlos Patricio Rodríguez Meza declared that there was no room for the challenge raised by Cuesy against the Fifth Court judges.

“Consequently, said judges must continue to hear within the extradition proceedings,” the ruling indicates.

Cuesy had verbally announced this appeal on March 5, in a hearing held by the Fifth Court, which is responsible for deciding the eventual delivery of Luis Enrique to the United States, where he is accused of t crimes related to money laundering.

The extradition process of Ricardo Alberto is settled in another instance, the Third Criminal Sentencing Court, Drug Trafficking and Crimes against the Environment. There, too, Cuesy has presented several appeals to question the suitability of the judges.

It is not the first time that the Appeals Chamber has rejected a challenge of  Cuesy, within the case. In January, it denied a similar action and ruled that the action of the Fifth Court does not violate the bilateral extradition treaty with the United States, as the lawyer argued on that occasion.

The two sons of former President Martinelli are requested in extradition to respond to an accusation filed in the Eastern District Court of New York, on three charges: one for allegedly conspiring to launder money, and two more, for hiding information about the laundering of capitals.

Luis Enrique faces two additional charges, for the alleged use of money obtained through money laundering.

On March 8, another hearing was held in the Fifth Court to hear why Luis Enrique is required in extradition. The Public Ministry of Guatemala listed the charges against him and the sanctions he could face, according to the accusation that rests in the Eastern District Court of New York. The judges had not communicated any decision, waiting, precisely, for the result of the challenge that, finally, was announced on April 26.

The two brothers remain in a military prison.With information from El Periódico de Guatemala