Request for Retrial Following Media Revelations About Relationship Between Two Federal Judges.
media report : https://www.lemanbleu.ch/fr/Actualites/Geneve/Affaire-Sperisen-la-relation-intime-entre
A new episode has emerged in the long-running Sperisen judicial saga. Lawyers for the former Guatemalan police chief, convicted in Geneva for complicity in murder in connection with extrajudicial executions, have announced a request for a retrial targeting a Swiss Federal Supreme Court ruling issued in April 2024.
At the center of the matter are recent revelations by the German-speaking Swiss press regarding the intimate relationship between Federal Judges Béatrice van de Graaf and Yves Donzallaz, former president of the Federal Supreme Court. The relationship violated the rules set out in the Federal Supreme Court Act and has been acknowledged by both judges, who state that they recently ended the relationship.
Lawyers Denounce an “Illegal” Situation
For Erwin Sperisen’s defense team, the relationship calls into question the impartiality of certain decisions rendered in the case.
Despite measures taken by the Federal Supreme Court — including the temporary suspension of the judge concerned, followed by her reinstatement before the launch of an independent external investigation — the lawyers consider the response insufficient. They are now requesting a revision of a ruling in which Béatrice van de Graaf participated.
“Two federal judges, including a former president of the Federal Supreme Court, maintained a long-term romantic relationship, placing them in an illegal situation under the Federal Supreme Court Act,” said Giorgio Campà, attorney for Erwin Sperisen. Contacted for comment, the Federal Supreme Court confirmed that it had received the request for revision but declined to comment further on the case.
Proceedings Linked to Allegations of False Testimony
The contested ruling concerns the refusal to reopen or pursue complaints filed by Erwin Sperisen against two key witnesses whom he accuses of giving false testimony and malicious denunciation.
According to his lawyers, one of these witnesses played a decisive role at the beginning of the investigation launched against the former Guatemalan police chief.
“We would like to know why this false witness became involved in the case, what his motivations were, and whether he was paid,” said attorney Florian Baier.
For his part, Erwin Sperisen says he still wants to “clear [his] name” and regain a normal life.
A Judicial Saga Spanning More Than Fifteen Years
The Sperisen case has been a judicial saga lasting more than fifteen years. Accused of participating in the extrajudicial executions of Guatemalan prisoners as early as 2005, and later convicted of complicity in murder, the former Guatemalan police chief — convicted four times — has served 11 years in prison.
The case has already resulted in three substantive rulings by the Federal Supreme Court and one ruling by the European Court of Human Rights, which overturned a previous conviction due to the lack of impartiality of the Geneva court.
And the saga is far from over: an appeal against Erwin Sperisen’s latest conviction, handed down in 2024, is still pending before the Federal Supreme Court.
