The Third Criminal Instance Judge, Julio César Vásquez Xol, admitted a criminal complaint for processing presented by Luis Pedro Chang Figueroa, administrator and legal representative of the company Equipos del Puerto, SA, dedicated to maritime transport and cabotage, against the Santo Tomás de Castilla National Port Company (Empornac).
According to the complainant, there was a contract for the provision of services between his company and Empornac, which has been in force since 1998. According to the judicial resolution, in the period from June 3, 2004 to November 26, 2008, The national port company stopped paying for the contracted services, which, it claims, has generated a debt of Q206 million 645 thousand 423.79.
After extensive civil litigation, which included an executive trial, appeals and amparo actions, the Izabal Mixed Appeals Chamber issued a final ruling on May 8, 2023, subsequently confirmed, in which it ordered Empornac to pay said sum.
As indicated in the resolution, the members of the Board of Directors and officials of the national port company would have allegedly transferred the funds from the budget line “991 Reserve Credits”, for an amount of Q196 million 934 thousand 029.93, to another account, apparently to evade compliance. In the opinion of the complainant, this action constitutes the crimes of illicit association, improper appropriation and retention, abuse of authority and breach of duties.
Judge’s resolution
Given this situation, The Third Criminal Court Judge decided to take control of the judicial file and admit the complaint against the members of the Board of Directors, as well as Empornac, as a third party civilly sued. He also ordered a copy of the complaint to be sent to the Public Ministry so that it can carry out the corresponding investigations. In addition, it decided to admit Luis Pedro Chang Figueroa as a provisional plaintiff.
Finally, it declared three precautionary measures: seizure of the bank, monetary, savings and fixed-term accounts, in quetzales and dollars, of nine members of the Board of Directors of Empornac, including its president and the general manager, up to the amount requested by the plaintiff, for which the banks must report on the measure within a period of three days; roots and prohibition of leaving the country for these nine people, and ordered the Guatemalan Migration Institute to report within a period of five days; as well as the immobilization of the budget line “991 Reserve Credits” for the amount contained therein.
The resolution also warns all obligated parties that, if they do not comply with reporting what is ordered, they will be certified accordingly.
The resolution was notified to the representatives of Empornac on May 22 and a period of 24 hours was granted, from the receipt of the notification, to comply with what was ordered and inform the court.
They reject accusations
The president of the Santo Tomás de Castilla National Port Company, José de la Peña, gave statements to Free pressin which it indicates that The ruling of the Third Criminal Court “is illegal and biased” and was issued without due criminal processby omitting the prior intervention of the Public Ministry.
De la Peña also stated that The contract that Empornac signed with the company represented by Chang began in 1998 and expired in 2004, Therefore, it ensures that there is no debt pending settlement due to the lack of a subsequent contract.
“He finished his contract and then, since he couldn’t, they cling to continuing to provide a service. He—Chang—from 2004 to 2008 did not have any contract with the Santo Tomás de Castilla Port Company,” he states.
Regarding the claimed amount of Q206 million, de la Peña indicates that said claim was initially presented through a coercive economic lawsuit, but this has not been successful, since several unresolved legal actions remain pending, including several civil actions filed by Empornac.
Regarding the speed with which the Third Court processed the complaint filed, the president of the Board of Directors of Empornac affirms that “in less than three days the Judge issued an order admitting it and decreeing precautionary measures, without giving a prior hearing to the Public Ministry and without the MP having requested said measures after preliminary investigations.”
Given this, considers that the judge acted in a “biased” manner and that said resolution is totally illegal.
“Let us remember that the criminal action is very personal, that is, each of the members who are within that criminal complaint do not have any relationship or knowledge with this man, such that he would file a complaint against us and we would have to respond to him,” he stated.
He also assured that On the part of Empornac, the pertinent procedures and procedures are already carried out to file the corresponding criminal actions against the measure decreed by the Third Criminal Court.
“It is impressive that a person like Luis Pedro Chang Figueroa, and also added to some judges and other actors who are participating there, intend, in a non-legitimate way, to take control of that amount of money, which represents a quarter of the total money that the port company has at this moment. That is, it is money that belongs to a company that belongs to the State, to all Guatemalans. When they do not have a single right to claim, neither a current nor a pending contract,” concludes de la Peña.