COMMITTEE AGAINST TORTURE HEARS RESPONSE OF GUATEMALA

The Committee against Torture this afternoon heard the response of Guatemala to questions raised by Committee Experts on the third periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on Thursday, 4 May, the delegation, which was led by Carlos Ramiro Martínez, Permanent Representative of Guatemala to the United Nations Office at Geneva, said that, concerning the prevention of lynching, Guatemala had established a sub-programme within its Judiciary Modernization Plan to provide an institutional response to prevent lynching throughout the country. The project was started in 1999, to address the problem of taking justice into one's hands, and a number of workshops had been held under that sub-programme.

Regarding the some 3,000 people that had been recruited to assist the National Civil Police, the delegation said that there had been three reasons why those support units were organized: the complex nature of civilian security, owing to the increase in violence linked to the activities of common criminals, organized crime, drug traffickers and juvenile gangs; the shortage of staff of the National Civil Police Force, as well as corruption; and the fact that under the Constitution the Army was held responsible for the internal and external security of the State. It was also important to note that the special core of reservists to help with the security of citizens had special features: they underwent a special selection process; they received special training on police techniques and procedures; and their term of duty was only 9 months, and that would end in December this year.

The Committee will submit its conclusions and recommendations on the report of Guatemala towards the end of the session on Friday, 19 May 2006.

As one of the 141 States parties to the Convention against Torture, Guatemala is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.

When the Committee reconvenes at 3 p.m. on Monday, 8 May, it will hear the response of the United States delegation to questions raised by its Experts on 5 May.

Response of Guatemala

Responding to a series of questions raised by the Committee Experts on Thursday, 4 May, the delegation of Guatemala said that concerning the prevention of lynching, Guatemala had established a sub-programme within its Judiciary Modernization Plan to provide an institutional response to prevent lynching throughout the country. The project was started in 1999, to address the problem of taking justice into one's hands, and a number of workshops had been held under that sub-programme. Some 7,000 leaflets had been printed to help prevent lynching, as well as 1,800 brochures on hatred and social harmony, and leaflets that described what to do in cases of lynching had also been distributed.

Regarding social purity, the delegation said that social purity was not a State policy and that a number of measures had been taken to address that offence. Multicultural sports programmes had been launched, for example. The delegation said that the Government had a web page containing statistics on the subject and complaints on that score could be lodged on line.

In that regard, the delegation noted that refusals for asylum-seekers were generally withdrawn because the asylum seekers did not want to stay in the country, but to transit through it, generally hoping to reach the United States.

Concerning the protection of minors, a special justice system had been established for minors. According to the carta magna, minors could not be judged under adult law. In the specialized internment centres, it was possible to handle any cases of alleged mistreatment of adolescents, the delegation affirmed. Humane treatment was guaranteed to adolescents, and a detailed report was sent to the executing judge each month to report on their situation, as well as to ensure that the sentence was carried out.

In terms of education, Guatemala had tried to narrow the gaps in schooling that were evident when juveniles entered such correction centres. Educational programmes were available to them there. The Government also provided assistance to adolescents leaving the penal system to reintegrate into society and find work.

Warders accused of torturing an inmate were subject to investigation by the Office of Prison Inspectors. A detailed report would be drawn up and the warder subject to investigative proceedings. However, the prison system lacked precise data to show how many warders had been convicted on those grounds, the delegation noted.

Regarding the some 3,000 reservists that had been recruited to assist the National Civil Police, the delegation said that there had been three reasons why those support units were organized: the complex nature of civilian security, owing to the increase in violence linked to the activities of common criminals, organized crime, drug traffickers and juvenile gangs; the shortage of staff of the National Civil Police Force, as well as corruption; and the fact that under the Constitution the Army was held responsible for the internal and external security of the State. It was also important to note that the special core of reservists to help with the security of citizens had special features: they underwent a special selection process; they received special training on police techniques and procedures; and their term of duty was only 9 months, and would end in December this year.

The Minister of the Interior was very concerned with violence against women in Guatemala, the delegation said. It was hard to give precise numbers, but it was a physical, economic, and social phenomenon in the country. An international legal framework existed, that was being reflected in domestic legislation. Guatemala was also party to the Inter-American Convention on violence against women, among other multilateral instruments.

A Human Rights Unit had been established, consisting of four agencies, one of which was devoted to investigating crimes against human rights activists.

Control of firearms was undertaken by the Department for Control of Weapons and Munitions, which kept the records of those who solicited arms' licenses, reviewed those documents and issued gun permits, the delegation said.

Regarding the conditions for those on death row, those who were condemned to death generally received the same treatment as regular prisoners. They received more visits than other detainees, the delegation noted, and they were held in a separate facility from other inmates. They received the same food and medical care as regular prisoners.

The Commission for the Investigation of Legal Bodies and Security Agencies, proposed in 2003, had met with some legal difficulties in being established. Last month, however, a new initiative had been put forward to the United Nations Secretariat in New York. That initiative, the delegation said, represented a collaborative effort of government and non-governmental organizations, as well as academia. That instrument was currently before the legislative branch, and had to go through further readings before it could be approved.

A commission had been set up at the initiative of the human rights procurator in Guatemala to look into cases of disappeared children in Guatemala during the armed conflict and to promote and support justice, compensation and family reunification. There were about 1,280 documented cases: 324 had been resolved; 131 family reunifications had taken place; 108 exhumations had been carried out; and 85 cases were still pending the finding of family members.

Concerning extradition, the subject was governed in Guatemala by various international treaties, as established in its Constitution. That included article 8 of the Convention against Torture. Guatemala had concluded bilateral extradition treaties with Great Britain, Mexico, Spain, Belgium, the United States and Korea. At the regional level, Guatemala was a party to the Convention against Extradition signed in Montevideo in 1933.

Questions by Committee Experts

CLAUDIO GROSSMAN, the Committee Expert serving as Rapporteur for the report of Guatemala, said that the most important matter of concern was the subject of lynching. It was something that had to be studied, not only because it was a violation of human rights, but because Guatemala had to find a correct approach to the situation. It was an affront to the rule of law.

The subject of social purity which the delegation had talked about was another issue that had been raised repeatedly. There had been support from many sectors of the population to combat this, but corruption in the police force hindered that, Mr. Grossman said.

The separation of the Army and the police force was an important concept, Mr. Grossman emphasized. He did not see why the Army had to be incorporated into the police. The fact that crime was threatening the entire country was not a good excuse. It would have been better to ensure that the police were acting independently. He did acknowledge, however, that the special selection process was a good thing. It had been said that military justice compared to civil justice in the same way that military music compared to regular music.

Regarding the peace agreements and their relationship to amnesty and impunity, he noted that the Constitutional Court still appeared to have recourse to special procedures. Also in Guatemala and the region there had been ongoing problems concerning human rights defenders.

It was very important to have information on people who had been sentenced to the death penalty. He was glad to hear from the delegation how many such prisoners there were and he was pleased to note that those on death row received the same treatment as other inmates.

The subject of women and gender was also important, as there had been an increase in the number of murders of women in Guatemala since 2000. In one of the cases it even said that the reason for the attack was that the woman had been wearing a miniskirt. That required a drastic change. There could be no tolerance for such practices. Public campaigns had to be undertaken. Such events undermined the prestige and reputation of the country.

Also, Mr. Grossman had been concerned about reports of ill treatment of trade union leaders -- not torture, but cruel, inhuman or degrading treatment.

Finally, Mr. Grossman recognized the willingness of the delegation to address the Committee's questions, and he again thanked the delegation for their presentation.

ALEXANDER KOVALEV, the Committee Expert serving as Co-Rapporteur for the report of Guatemala, said that he was fully satisfied with the answers provided by the delegation and only had one question left. The distinction between the one who ordered an offence to be committed and the one who actually carried it out. Was any change in legislation being contemplated in that connection, he wondered?

Other Experts then made further comments, including on due obedience, as raised by Mr. Kovalev; forced evictions; violence against women; and the role of MINUGA in helping the country to fulfil its obligations under the Convention.

Response by Delegation

Responding briefly, the delegation of Guatemala said that, on the question of how to raise standards for the police force, under the labour law today, which had been amended, it was now possible to dismiss members of the National Civil Police through an administrative proceeding. It took 10 months to train a police officer, the delegation observed, and there were not enough police officers to properly ensure the security of the country.

With respect to the concern about war crimes and torture not being subject to amnesty, it was possible to get a new ruling by the Constitutional Court on the grounds that the previous court, which expired one month ago, had given many contradictory rulings.

With regard to protections for human rights defenders, the Civilian Police had been totally restructured in terms of persons facing prosecution, including human rights defenders who had applied for assistance. There was a department for protection, which included some 500 members, who had received training in the duties of providing care and assistance.

Law enforcement officials have made proposals to Congress to ensure consistency in the application of the death penalty. Those projects had been referred to the Executive for future adoption.


With respect to the criminalization of conduct such as the ill treatment of trade union officials, reports of activities that could be construed as ill treatment associated with trade union matters were raised with an office. The National Civil Police had an office on professional responsibility and there was a hotline to receive complaints anonymously.

Concerning due obedience, no one was obliged to carry out an illegal order, the delegation insisted. The fact that someone had received an order did not remove their responsibility. Indeed, the person who gave the order would be held more responsible than the individual that carried the act out.

For use of the information media; not an official record

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