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In several documents that La Hora had access to, it was verified that Cinthia Edelmira Monterroso Gómez, recently appointed by the attorney general, María Consuelo Porras in charge of the Eight Agency of the Special Prosecutor’s Office against Impunity (FECI), has been denounced in two occasions for investigating people who do not have criminal proceedings against them.
Both were presented by Juan Francisco Sandoval, former head of the FECI, when he had documents signed by Monterroso Gómez in view in which he requested information from certain people.
In June 2020, the prosecutor Cinthia Monterroso requested the migration of three lawyers related to the Fénix case, despite the fact that she had no jurisdiction in that file.
MONTERROSO REQUESTED INFORMATION FROM LAWYERS
As detailed in one of the documents to which this wording had access, Sandoval informed the General Supervision of the MP that the prosecutor Cinthia Monterroso requested the migratory movements of three defense lawyers of Sergio Alfredo Herrera Acevedo, indicated by the FECI in the Fénix case, Gustavo Herrera’s son, linked to the same judicial file, but who is a fugitive from Guatemalan justice.
Sandoval asked Monterroso to explain the reason why he asked for these data as he was not part of the legal process, as stated in the report, and argued that he allegedly had information that the lawyer Juan Alberto Guevara Mejía could sponsor Gustavo Herrera, who He was with political asylum in Nicaragua and wanted to find out such an extreme.
In response to the request, the former head of the FECI pointed out that Cinthia Edelmira Monterroso Gómez sent the response by means of an official letter dated June 4, 2020, where it was detailed that “he requested the immigration movement of the lawyer Juan Alberto Guevara Mejía because had information (without indicating the source) that Mr. GUSTAVO ADOLFO HERRERA CASTILLO (fugitive in file MP510-2005-3 and that he is the father of the also accused Sergio Alfredo Herrera Acevedo, a person sponsored by the lawyer Juan Alberto Guevara Mejía) he was enjoying political asylum in the Republic of Nicaragua, ”Sandoval explained in the document in which he requested instructions to know if he should act through an administrative or criminal sanction.
According to Monterroso, “it was informed (it does not indicate by whom) that it was possibly Mr. Gustavo Adolfo Herrera Castillo who had hired the services of Mr. Juan Alberto Guevara Mejía, -who had the habit of taking charge of the defense of the co-defendants to generate impunity ”.
He adds in his argument that “he requested the movement of the three lawyers to the General Directorate of Migration, information with which, as he indicated, he intended to locate Mr. Gustavo Adolfo Herrera Castillo.”
Juan Francisco Sandoval highlighted that Monterroso Gómez had already been removed from the investigation of those files.
It also indicated that the lawyer Juan Alberto Guevara Mejía “would in any case be rendering professional services in his capacity as a lawyer, not being a sufficient reason to investigate him”, therefore Sandoval in compliance with the legal obligation that the position gave him, contained in the Article 1 of the Organic Law of the Public Ministry, recorded the facts to be sent to the General Supervision of the Public Ministry, so that it could be established whether the actions of Monterroso Gómez were subject to administrative or criminal sanction.
REQUESTED INFORMATION FROM THIRD PARTIES THAT DID NOT HAVE TO DO WITH ANY CRIMINAL INVESTIGATION
However, there is a previous complaint against Monterroso, presented on November 29, 2019, to the Office of the Public Prosecutor for Internal Affairs of the MP, by Juan Francisco Sandoval, because she required information on the movements of a credit card, as well as the business where a purchase was made in which he was interested, arguing that it was a “card cloning investigation”.
Sandoval continued investigating the fact, determining that everything derived from the fact that the prosecutor Cinthia Monterroso, for a friendship favor, required information on the movements made with the credit card, to establish whether the husband of a friend of hers, who also worked for him MP, you were using the money in that account with someone else.
Thus, the head of the FECI showed on that occasion that Monterroso used his position in this way to make inquiries that had nothing to do with his job.
In this sense, the former head of the FECI even consulted Monterroso about the reason why such data had been requested, to which the prosecutor replied that “she had made the request, that due to the amount of activities assigned to her, it could have been mistaken for file number. That, because she was assigned to the Metropolitan District Prosecutor’s Office, she used ‘macho’ from that prosecutor’s office in her offices ”.
Derived from the request for information made by Monterroso Gómez, Sandoval, decided to file the criminal complaint, for the possible commission of the crimes of embezzlement due to use, ideological falsehood and abuse of authority or any other crime that was considered pertinent.
“It can then be concluded that the prosecutor Monterroso Gómez carried out an arbitrary act, and for purposes other than the public administration, she used the services intended for the public office she exercises for the benefit of a third party, recording false data in public documents, so in compliance of my legal obligation contained in article 251 of the Constitution, 1 of the Organic Law of the Public Ministry, 24 bis and 298 of the Criminal Procedure Code, he made the present complaint so that the prosecutor’s office in his charge could investigate whether the conduct assumed by the public servant could to be framed in the criminal types of embezzlement by use, ideological falsehood, abuse of authority or whatever their good judgment considers corresponds to the facts that I am making known today, ”explained Juan Francisco Sandoval in the complaint.
JUDGE AIFÁN ALSO COMPLAINED WHEN HE CHANGED CRIMES
Recently, the High Risk Judge “D”, Erika Aifán, urgently requested that an investigation file be initiated against Cinthia Monterroso, who could have incurred the crime of obstruction of justice.
In August 2019, Cinthia Monterroso criminally denounced the High Risk Judge “D” Erika Aifán for the crime of abuse of authority, for an incident that occurred during a hearing in the case of Assault to the MSPAS.
Monterroso said that Judge Aifán had called his attention for having varied the imputed facts to which he was informed when he was required to issue the arrest warrants in the file, that complaint has already been rejected.
IN CHARGE OF AGENCY EIGHT AND THE REMINDER OF SANDOVAL A PORRAS
The new head of the FECI, Carla Valenzuela, would have confirmed the prosecutor Cinthia Monterroso in charge of Agency 8 of that Unit of the Public Ministry, leaving several high-impact cases assigned to Carlos Vides under her responsibility.
Juan Francisco Sandoval reminded the Attorney General that these investigations were under the control of Judge Aifán, with whom the prosecutor Monterroso could not litigate, derived from a prohibition of article 201 of the Law of the Judicial Organism.
However, this warning of violating the law was the formal cause for the dismissal of prosecutor Sandoval.
Among those investigations would be the investigations into the Secretary General of the Public Ministry, Ángel Pineda, for allegedly leaking information to relatives of those accused in corruption cases, indications that the unit was already studying when he was in charge of Vides.
As well as the confiscation of Q122 million linked to the former Minister of Communications, José Luis Benito, a fugitive from justice and who was close to staying in office at the beginning of the administration of the president, Alejandro Giammattei.
The Construction and Corruption case in its two phases, as well as the Power Network, Corruption and Money Laundering case, in which Gustavo Alejos is singled out along with other former officials.
WHAT DOES MONTERROSO SAY?
La Hora sought the position of the prosecutor Cinthia Monterroso, regarding the complaints filed against her and the allegations they have made, however, she did not respond to calls made to two cell phones.
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