Guatemalan Court suspends last resort procedure presented by Luis Enrique Martinelli
With this resource, the defense of Luis Enrique Martinelli tried to avoid his extradition to the United States.
The Constitutional Court of Guatemala suspended the processing of an appeal of unconstitutionality presented by the defense of Luis Enrique Martinelli Linares, with which it was intended to prevent his extradition to the United States.
According to the Constitutional Court of Guatemala, the appeal against the Regulatory Law of the Extradition Procedure of Guatemala presented by the defense of Luis Enrique Martinelli does not consist of the legal technical analysis that separately contains the reasons that justify the defect of unconstitutionality of the questioned standards.
"Due to the aforementioned, in the case under analysis, having raised an incident of unconstitutionality of the law in a specific case, without establishing a separate, reasoned and clear legal motivation, as established in Article 11 of Agreement 1-2013 of this Court, it is unfeasible to know in substance the constitutional guarantee requested, which constitutes sufficient reason for the definitive suspension of the process of said guarantee," says the Constitutional Court of Guatemala.
Martinelli Linares' lawyers argued that during the hearing before the Fifth Sentencing Court, where the extradition to the United States was authorized, certain aspects that would have violated his rights had not been complied with.
After the suspension of this appeal, and since there is no other pending resolution, there would be no obstacle to extradition.
Recently, the First Court of Appeals of the Criminal Branch of Guatemala rejected two appeals filed by Luis Enrique Martinelli Linares against the authorization of the Fifth Court of Criminal Sentencing, Drug Trafficking and Environmental Crimes of that country to extradite him to the United States.
In this sense, the First Appeals Chamber confirmed the decision of the Fifth Criminal Sentencing Court to authorize his extradition to the United States issued on May 25.
Luis Enrique Martinelli Linares and his brother Ricardo Alberto Martinelli Linares are currently being held in preventive custody in the Mariscal de Zavala Military Base jail, after being captured on July 6, 2020 at La Aurora Airport, where they would take a flight supposedly destined for Panama.
The Martinelli Linares brothers were arrested on the basis of an extradition order issued by the United States for their alleged participation in a massive bribery scheme and money laundering from the Brazilian construction company Odebrecht.
According to the Constitutional Court of Guatemala, the appeal against the Regulatory Law of the Extradition Procedure of Guatemala presented by the defense of Luis Enrique Martinelli does not consist of the legal technical analysis that separately contains the reasons that justify the defect of unconstitutionality of the questioned standards.
"Due to the aforementioned, in the case under analysis, having raised an incident of unconstitutionality of the law in a specific case, without establishing a separate, reasoned and clear legal motivation, as established in Article 11 of Agreement 1-2013 of this Court, it is unfeasible to know in substance the constitutional guarantee requested, which constitutes sufficient reason for the definitive suspension of the process of said guarantee," says the Constitutional Court of Guatemala.
Martinelli Linares' lawyers argued that during the hearing before the Fifth Sentencing Court, where the extradition to the United States was authorized, certain aspects that would have violated his rights had not been complied with.
After the suspension of this appeal, and since there is no other pending resolution, there would be no obstacle to extradition.
Recently, the First Court of Appeals of the Criminal Branch of Guatemala rejected two appeals filed by Luis Enrique Martinelli Linares against the authorization of the Fifth Court of Criminal Sentencing, Drug Trafficking and Environmental Crimes of that country to extradite him to the United States.
In this sense, the First Appeals Chamber confirmed the decision of the Fifth Criminal Sentencing Court to authorize his extradition to the United States issued on May 25.
Luis Enrique Martinelli Linares and his brother Ricardo Alberto Martinelli Linares are currently being held in preventive custody in the Mariscal de Zavala Military Base jail, after being captured on July 6, 2020 at La Aurora Airport, where they would take a flight supposedly destined for Panama.
The Martinelli Linares brothers were arrested on the basis of an extradition order issued by the United States for their alleged participation in a massive bribery scheme and money laundering from the Brazilian construction company Odebrecht.
