The Constitutional Court (CC) benefited the former Minister of Communications Alejandro Sinibaldi by confirming an injunction that annulled the resolution ordering him to be sent to trial for the Odebrecht case. With the ruling, the former official avoids, for now, facing oral and public debate for the crimes of money laundering and passive bribery.
The highest Court declared without merit the appeals presented by the Public Ministry (MP) and the Attorney General’s Office (PGN), thereby confirming the protection granted in favor of Sinibaldi.
In its resolution, the CC concluded that the Chamber of the Court of Appeals did not adequately justify the decision with which it revoked the dismissal issued by the first instance judge. According to the constitutional court, the magistrates only stated that there were sufficient investigative means to put the former minister on trial, but did not explain why these elements supported that conclusion.
The Court noted that the Chamber limited itself to listing some means of investigation mentioned by the Public Prosecutor’s Office, without analyzing them individually or justifying how they allowed establishing the probability of Sinibaldi’s participation in the events investigated.
Furthermore, it considered that the Chamber failed to fulfill its obligation to assume jurisdiction when resolving the appeal, as it ordered the first instance judge to issue a new resolution instead of replacing it with its own ruling, as established by the Code of Criminal Procedure.
The CC clarified that the amparo does not resolve whether or not Sinibaldi should face trial. The ruling suspends the contested resolution and orders that the Chamber issue a new ruling, duly reasoned, in which it confirms, modifies or revokes the dismissal.
Twist on the case
The resolution represents a change with respect to the criterion adopted by the Court itself on June 4, 2025, when it resolved that Sinibaldi should face trial for the Odebrecht case by leaving in force a Chamber resolution that revoked the dismissal.
The process has as a precedent the resolution issued in 2023 by the then judge of Major Risk D, Juan José Jiménez, who closed the case against the former minister after the defense achieved the annulment of the effective collaboration agreements signed by three witnesses.
MP withdrew one of the appeals
During the processing of the file, the Public Ministry (MP), through the special prosecutor of the Special Prosecutor’s Office Against Impunity (FECI), Carlos Ernesto Villeda Sánchez, withdrew one of the appeals filed against the sentence issued on September 30, 2024 by the Supreme Court of Justice, Chamber of Amparo and Pretrial.
The CC indicates in its resolution that the withdrawal was approved on May 12, 2025. However, the court continued with the analysis of the resources promoted by the Prosecutor’s Office for Constitutional Affairs, Amparos and Personal Exposure of the MP and by the State of Guatemala, through the Attorney General’s Office (PGN).
Split ruling
The resolution was approved by a majority of five judges. Voting in favor were Roberto Molina Barreto, Dina Ochoa Escribá, Julia Patricia Maldonado Rivera, María Magdalena Jocholá Tujal and Claudia Elizabeth Paniagua Pérez. Judges Anabella Morfín and Astrid Lemus cast dissenting votes.