CAT/C/GTM/CO/5-6
The Committee recommends that the State party take effective measures to:
(a)
Ensure that impartial and effective investigations into all reports of
torture and ill-treatment are carried out without delay, and that those responsible are
tried and, if found guilty, punished in accordance with the seriousness of their acts;
(b)
Ensure that, in cases of alleged acts of torture or ill-treatment, the
suspects are suspended immediately from their duties for the duration of the
investigation;
(c)
Ensure that all persons deprived of their liberty enjoy in practice, and
from the very beginning of their detention, all fundamental legal safeguards, including
those set out in the Committee’s general comment No. 2 (2007) on the implementation
of article 2 of the Convention by States parties;
(d)
Ensure that the police receive training on the obligations and
responsibilities deriving from the Convention;
(e)
Ensure that all victims of torture or ill-treatment receive appropriate
redress, including compensation and the means for their physical and psychological
rehabilitation, in line with article 14 of the Convention and the Committee’s general
comment No. 3 (2012) on the implementation of article 14 of the Convention;
(f)
Set up a centralized register of complaints, investigations, prosecutions
and convictions in cases of torture or ill-treatment.
Investigation of acts of torture and other serious human rights violations committed
during the internal armed conflict
10.
The Committee notes with interest the information provided by the State party about
the investigations carried out and the convictions obtained in some of the actions brought
for serious human rights violations committed during the internal armed conflict. However,
it remains gravely concerned about the impunity which exists for most human rights
violations carried out during this period, which include, according to the Commission for
Historical Clarification, 626 massacres and the deaths or disappearances of over 200,000
people. The Committee highlights that, again according to the Commission, over 90 per
cent of the human rights violations and acts of violence committed during this period
appear to be attributable to the State and over 80 per cent to have been committed against
the indigenous population. The Committee emphasizes that this impunity is a violation of
international human rights law, the peace agreements and national legislation. The
Committee highlights, in particular, the conviction of the former Head of State, Efraín Ríos
Montt, for genocide and crimes against humanity on 10 May 2013, but cannot fail to note
also that the decision was overturned by the Constitutional Court, reportedly on procedural
grounds. In addition, the Committee is concerned that in the course of this trial certain
parties, including high-ranking executive government officials, made statements to the
effect that there was no genocide in Guatemala, which could have influenced the judiciary’s
deliberations. The Committee is also concerned about reports that the Guatemalan army is
not fully cooperating in the investigations. In addition, the Committee is concerned about
reports of attacks and threats directed at people involved in the criminal proceedings,
including those related to investigations into human rights violations (arts. 2, 12, 13, 14 and
16).
The Committee reiterates its previous recommendation (para. 15) that the State party
should fully apply the National Reconciliation Act, which, among other things,
explicitly excludes any amnesty for perpetrators of the crimes of genocide, torture and
enforced disappearance, as well as offences not subject to statutory limitations or
extinction of criminal liability, in accordance with national legislation and the
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