United Nations Verification Mission in Guatemala

“ The serious lack of public security is in itself an encroachment on human rights because it denies the people the possibility of living free of fear and of attacks on their lives, integrity of person and liberty.
185. Impunity, as well, undermines basic elements of the rule of law, such as the principle of legality, which postulates that all are subject to the law, or the principle of responsibility, according to which there must always be someone in authority who takes responsibility for all illegal action by government officials. ”

“ The Mission, on the basis of its own verification, concludes that the right to life is still the most seriously affected, and that it is so precarious because the State has shirked its obligation to provide guarantees and its institutions do not exercise their solemn duty to prevent, investigate, prosecute and punish crimes. ”

“ In many of these cases, the participation or collusion of army or police officers is obvious, and their actions are not always politically motivated. The fact that persons who are subjected to threats do not dare to lodge complaints with or testify before State institutions and the fact that judges and prosecutors are afraid to investigate criminal groups are indicative of a climate of fear which guarantees the impunity of such groups, making it very difficult to bring them before the courts, prove their culpability and sentence them. ”

“ In the case of a number of serious offences, including some that led to a pubic outcry or were perpetrated in areas with a high crime rate, the Public Prosecutor's Office has failed to initiate an investigation or to appoint a prosecutor. It has been noted on a number of occasions that the competent bodies have failed to take statements from witnesses, that arrest warrants have not been issued in spite of evidence or else have not been served, and that persons involved in very serious offences have been allowed to escape or have been improperly released on bail. ”

“ Training activities have come up against serious obstacles, such as illiteracy, especially among women; ignorance of the basic concepts of the rule of law, democracy, justice and even human rights and the bargaining process; linguistic and cultural differences, which make it hard to communicate with the population; the lack of translation services; political polarization; and the unrealistic expectations that have accompanied people's acceptance of MINUGUA. At a subsequent stage, it will be necessary to prepare projects to strengthen entities that provide human rights education and training. ”

“ The verification process has allowed the Mission to conclude that persons working to promote and safeguard human rights continue to be abused and intimidated, and that the assassination of Pastor Manuel Saquic and the subsequent threats have made it much harder for human rights activists and organizations to do their work. This unfortunate development is an example of the pernicious impact of the kind of discourse that equates human rights activism with subversion. ”

“ The crisis in the judicial system and the violations of due process have reached a critical point, and most of the alleged human rights violations have taken place in a climate of intimidation, which directly affects the ability of government institutions to deal with the perpetrators. ”

“ Under the Constitution, jurisdiction is vested solely in judges, who preserve their independence both within and outside the judiciary and are answerable only to the law. MINUGUA is deeply concerned at attempts originating both outside the judiciary and in internal procedures implemented by the judiciary - to interfere with the judiciary's independence, since such attempts have an impact on those constitutional prerogatives and undermine the campaign against impunity. ”

“ The best guarantee of that continuity is the country's keen awareness of the magnitude of the problem of impunity and the need to fight it, an awareness already apparent in the signing of the Comprehensive Agreement and one that has only increased, as can be seen in the public statements of various ecclesiastical and civil authorities. ”

“ During the period under review, the cases in which members of the armed forces were found to be involved in judicial proceedings show that the Mission's recommendations with respect to the necessary reforms of the current system of military justice, in particular article 546 of the Code of Criminal Procedure, are especially urgent. Establishing a special court to deal with crimes that are not specifically military constitutes a privilege incompatible with the rule of law, since all citizens accused of common crimes should be tried before the same courts. ”

“ Although the vast majority of the commitments in the Agreement concern human rights, only those rights which are already recognized under Guatemalan law and which do not require the institution of reforms in order to be effectively enjoyed can be considered to be in force and verifiable by the Mission. Thus, pending the conclusion of an agreement on a firm and lasting peace, the verification process will focus primarily on equal treatment and non-discrimination with respect to indigenous peoples. ”

“ The activities of illegal groups or isolated acts by individual government officials are not the only explanation for the human rights situation, nor are structural shortcomings the only determining factor. Rather, the situation is fostered and reinforced by deliberate acts and omissions on the part of government officials, for which the authorities must take responsibility. ”

“ The rampant nature of impunity has heightened public awareness at all levels and has led to the establishment of organizations such as "Madres Angustiadas" (Anguished Mothers) , which are working to mobilize society and exert pressure on the competent institutions to end impunity. On a very positive note, these and other sectors, including the communications media, the churches and other institutions, have been expressing concern about this phenomenon, demonstrating a growing awareness of how serious a problem impunity has become, and of the need to combat it. ”

“ The ability of the National Police to track down criminals is severely limited. By way of illustration, the Mission has noted that no more than 5 per cent of homicide cases have been solved, a blatantly low figure compared to other countries. Although the number of persons reported to be in custody is fairly high, only a small percentage are being held for serious offences, which shows that there is a clear tendency to arrest people for misdemeanours while perpetrators of serious crimes or violations of human rights go unpunished (para. 36) . ”

“ In the absence of such a policy, this lack of coordination persists and seems to be insoluble. Even worse, it is perpetuated by the defensive stance of the institutions concerned, all of which attempt to justify their shortcomings by blaming one another: prosecutors assert that they are unable to conduct investigations because they receive no help from the police; the National Police claim that they lack the legal authority and logistical means to act; and judges assert that they do not have enough evidence to issue arrest warrants. ”

“ While one reason the abuses, human rights violations or crimes allegedly committed by military commissioners and members of CVDCs, whether for political or general reasons, continue is that the people are afraid to say anything, the main reason they continue is that, in much of Guatemala the institutions responsible for maintaining public order and administering justice either do not exist or are very weak. ”

“ The society has continued to suffer from the climate of generalized violence and public uncertainty, as demonstrated by the high rate of abductions and violent deaths and by the proliferation and use of firearms. Violence has even claimed the lives of women and children, including the son of a Mexican diplomat. There continues to be a steady rise in the number of private security companies and self-defence groups, such as neighbourhood watch groups, which now number over 1,200 at the national level, according to various sources. ”

“ URNG actions which constitute violations of the commitment to end the suffering of the civilian population inasmuch as they have placed civilians at risk as a result of attacks against military bases, have continued to be verified. Although URNG claims that the risk to the civilian population in this type of action is due to the particular location of the military bases, which are built in population centres or near inhabited areas, verification has shown that in many cases, the risk has resulted from improper planning or execution of actions by the guerrillas. ”

“ Commitment III. Commitment against impunity 87. Impunity, which the Mission has called the most serious obstacle to the enjoyment of human rights in Guatemala, is a factor whose existence has increasingly become a source of profound concern and a spur to action in Guatemalan society. The Congress demonstrated a particular interest in the matter during its meeting with MINUGUA to discuss its second report, and a number of legislative initiatives to deal with the phenomenon were envisaged. ”

“ The only effective way to control and regulate the problems mentioned is to draw up strict legislation prohibiting anyone from bearing a weapon without authorization, and prohibiting anyone from brandishing a firearm, whether or not they have such authorization. An effective system of control should also be implemented to regulate the circulation of weapons in the streets. Until such time as the purchase, possession, bearing and use of firearms is strictly controlled, the incidence of violence in the country is unlikely to decrease. ”

“ Many complaints again concerned cases of torture, the most serious type of violation of this right. The National Police were responsible for many cases of torture and cruel, inhuman or degrading treatment during the investigation or prosecution of ordinary crimes, a situation that was aggravated by distortion of the facts in official accounts in order to cover up for the perpetrators. The right to personal security was violated by threats made by public officials for various purposes, including extortion. ”

“ Previous reports by MINUGUA have repeatedly underscored how severely the work of judges and prosecutors is affected by the intimidation, pressure and threats to which they are subjected and by the fact that they receive scant assistance from the police and other public officials. Although aware of the situation, the Government has neither devised nor implemented a policy to combat the phenomenon, nor has it instituted in a timely manner preventive and protective measures that are required. ”

“ Voluntary service is the only type in effect until a new military service act enters into force. However, since this report was completed, the Mission has learned that the Counsel for Human Rights had received complaints of lack of compliance with this commitment. ”

“ The number of individuals bearing firearms has risen sharply, facilitated by the fact that commercial establishments sell firearms cheaply and take care of the licensing formalities, issuing licences along with the weapons, since there are no requirements that cannot easily be met. Furthermore, since there are no restrictions, large quantities of weapons and ammunition enter the country any type of weapon or ammunition can be obtained on the black market. Ninety per cent of all weapons seized by the police are illegal, and eight out of ten violent crimes are committed with firearms. ”

“ In addition to the reported corruption, resources are scarce and police presence is minimal, all of which, given the high incidence of crime, make it impossible to guarantee the safety of the population. The police/population ratio in Guatemala is 1:2,200, whereas international standards set the target at approximately 1:500. There are roughly 2,000 agents in Guatemala City, plus additional manpower from other special forces, whereas in the departmental capitals there are not enough police and there is a shortage of transportation, liaison and communication facilities. ”

“ Commitment II. Strengthening institutions for the protection of human rights Judiciary and Public Prosecutor's Office 83. Verification activities during the period in question indicate that judges and prosecutors have again been subjected to threats, intimidation and even attacks on their person. As a general rule, the Government has not taken steps to protect such officials and, what is even more serious, has neither investigated nor imposed any punishment in the many cases involving acts perpetrated, assisted or tolerated by State agents. ”

“ On 18 July, Juan Suchite Perez was arrested and severely beaten by officers of the National Police of Gualan, Zacapa, who were joined by a civilian. According to the victim, an attempt was made to abuse him sexually in the police station, and relatives who tried to come to his assistance were held at gunpoint. The police attributed the marks on his neck to attempted suicide, an unlikely story under the conditions obtaining in the place of detention. No arrest warrant has been issued to date in the legal investigation. ”

“ The Mission believes that the Guatemalans themselves are primarily responsible for overcoming the difficulties standing in the way of the observance of human rights. To that end, MINUGUA, the Group of Friends of the Guatemalan peace process and the international community stand ready to cooperate, provided that the Government and URNG give evidence of firm determination, without which outside cooperation loses its effectiveness. ”

“ If no presidential candidate obtains an absolute majority, there will be a second round on 7 January 1996 between the two candidates with the highest number of votes.
9. Compared with previous elections, the registration of parties and candidates reveals the participation of sectors which, in the country's recent history, have remained outside of the electoral process. For example, there has been the formation of the Frente Democratico Nueva Guatemala (FDNG) and numerous civilian election boards, a legal mechanism for participation at the municipal level. ”

“ The proportion of registered voters is above the national average of 70 per cent in the departments of Guatemala, Chiquimula, Zacatepequez, Santa Rosa, Quezaltenango, Retalhuleu, Zacapa, Jutiapa and El Progreso; in the last three departments mentioned, the proportion is about 90 per cent of the population over 18 years of age. On the other hand, the enrolment rate is less than the national average in Izabal, Huehuetenango, Solola, Escuintla, Peten, Totonicapan, Quiche and Alta Verapaz ”