United Nations Verification Mission in Guatemala

“ In recent years, and particularly since the signing of the Peace Agreements, the civilian security forces, the armed forces and the judiciary have undertaken a reform process in which progress has been uneven. By describing the way in which these bodies have addressed the human rights issue, the report seeks to provide their representatives, and society as a whole, with an instrument for evaluating this process so that the necessary corrective measures can be taken, as appropriate. ”

“ In April 1998, the Commission on the Strengthening of the Justice System published its report entitled “A new system of justice for peace”, which is an important proposal for dealing with the problem of the justice system. Moreover, two major loans to permit the implementation of plans for the reform of the judiciary were approved during the period under review. Meanwhile, the ineffectiveness of the justice system perpetuates the population’s feeling that it is unprotected and that perpetrators enjoy impunity. ”

“ With regard to the commitment to protect the autonomy and freedom of action of the institutions responsible for the protection of human rights, it should be noted that numerous cases of intimidation and threats against judges and prosecutors continue to occur. ”

“ The Peace Secretariat is designing two programmes which are still at the preparatory stage: one with the support of the National Peace Fund, the Peace Secretariat, the United States Agency for International Development and the International Organization for Migration, and the other financed by the United Nations Development Programme. The first programme will give priority to communities which suffered the most serious human rights violations, have the highest poverty levels and are receiving no assistance from the Government or donors. ”

“ Another relevant aspect which affects the investigation of serious human rights violations and also applies to other unlawful acts is that the activity of the competent bodies only extends to actual perpetrators, so that there is no question of investigating or establishing the responsibility of intermediate authors or accessories. ”

“ The inaction of prosecutors and judges continues to be a constant factor. The Carpio, Blake, Bámaca, Stessel and Gerardi cases are examples of this reluctance to act. Special mention should be made of the cases of the Río Negro and Agua Fría massacres, in which the investigation and prosecution carried out by the Public Prosecutor’s Office were deficient in terms of identifying who planned the massacres, and the court also failed to keep the case open in order to investigate the possible responsibility of hierarchical superiors. ”

“ Some progress was achieved with respect to fiscal policy and the agrarian situation as a result of the commitment to reach a fiscal pact among the country’s social and political forces that would enable the State to increase tax collection to meet the commitments made under the Peace Agreements and the innovative Land Trust Fund bill drafted by the Joint Commission on Land Rights of Indigenous Peoples. ”

“ To date, the Congress of the Republic has not adopted the Electoral Reform Commission’s proposed reform of the Elections and Political Parties Act. Despite the Mission’s repeated recommendations and only months from the general elections scheduled for 1999, very little progress has been made in the adoption of provisions and programmes aimed at increasing political participation in general and that of the most commonly excluded groups (women, indigenous people, the uprooted population) in particular. ”

“ The Mission has repeatedly stressed that impunity for violations and crimes cannot be combated effectively unless the competent national bodies coordinate their activities with regard to the investigation, trial and punishment of perpetrators. The first few months of work of the Coordinating Forum for the Modernization of the Justice Sector have not brought about any improvement in the operational or territorial coordination of these institutions. ”

“ The means used and the anonymity of those responsible have made verification difficult. In some cases, a series of threats were made using letters or telephone calls which repeat the same basic message. Several of the people who reported threats are individuals who have distinguished themselves professionally and publicly in their different fields of work, while others are well known for having handled trials which had a major impact on public opinion. ”

“ The limitations on the State’s capacity to respond also foster feelings of vulnerability and frustration among the population, offering fertile ground for the propagation of authoritarian solutions incompatible with the strengthening of democracy. ”

“ The Department views the arms trafficking situation in the country as critical and considers the number of weapons in circulation to be considerably greater than during the internal armed conflict, a factor which contributes to the climate of lack of public safety. The Department has adopted a policy of restricting private companies’ access to arms and ammunition, but companies have resisted this approach by lodging appeals with the Constitutional Court. ”

“ During the reporting period, there were several murders which were particularly serious because of their impact on public opinion and the nature of the victims. It is essential that they should be effectively investigated and that those responsible should be punished, in order to avoid the risk of a resurgence of the political violence of the past. ”

“ In the legal proceedings to determine who instigated the crime, a number of witnesses declared that the victim had received death threats from the former mayor and the former municipal treasurer. Both those officials and one of the accused killers are on trial for the crime. The information gathered thus far supports the theory that the former officials were involved. Serious, persistent threats have been made against the witnesses in this case. ”

“ The increase in the number of such firms during the past few years and the lack of supervision of their members have made it difficult for the State to exercise control through the National Civil Police using the mechanisms provided by law. Verification has shown that over 200 such firms currently exist, of which 55 are legally authorized to operate. In this regard, the Mission notes that the Follow-up Commission plans to review the legislation on defence, public security and intelligence agencies in the near future, in accordance with the Peace Agreements. ”

“ It is urgent that measures be taken to prevent and investigate such acts, since the prevailing impunity could cause an increase in their occurrence in the run-up to the elections and following the publication of the report of the Clarification Commission. Furthermore, given the climate of insecurity affecting people working for the promotion and protection of human rights since the murder of Monsignor Gerardi, the Mission urges the authorities to take the necessary steps to protect such persons and groups. ”

“ In addition, in departments in the south-eastern part of Guatemala, the Mission found that a clandestine group called “Los Chuchos” is operating with impunity, engaging in, inter alia, social cleansing operations, extortion and kidnapping. Verification is uncovering strong evidence that the mayor of Nueva Santa Rosa, Pedro García Arredondo, is involved in this criminal organization.
73. As to clandestine structures at the national level, the Mission has paid particular attention to verifying the existence or otherwise of such structures in relation to the murder of Monsignor Gerardi. ”

“ Owing to irregularities such as the judge’s unwarranted delay in completing the relevant formalities, on 11 June the joint plaintiff submitted a complaint to the Office of Court Supervision. That entity issued a legal opinion that was unfavourable to the judge and submitted the complaint to the Presidency of the judiciary, which imposed a penalty on a subordinate official and not on the judge. In the view of the Canadian authorities, it is unlikely that the letter rogatory will be acted upon. On 22 June, the joint plaintiff requested the disqualification of the judge, Isaías Figueroa ”

“ Moreover, although the Act on the Prevention, Punishment and Eradication of Family Violence has been in force since 24 November 1996, it is applied on very few occasions. The indifference of judicial bodies to the large numbers of children who are victims of violence is also cause for concern. ”

“ Bearing in mind that the area in which the village of Coyá is situated was particularly hard hit by the internal armed conflict, it is a matter of concern to the Mission that the competent authorities have not initiated any action against the mayor. ”

“ The Mission reiterates that neither the route taken by Monsignor Gerardi nor the circumstances surrounding his death rule out the possible participation of clandestine structures in the murder. Moreover, the Mission believes that the failure to investigate this possibility exhaustively can only feed suspicions that in this case, as in many others in which State agents are involved, State bodies are reluctant to act.
74. Efforts to combat illegal security forces are complicated by the proliferation of private security firms which operate essentially without controls. ”