E/CN.4/1990/17
page 65
as a separate branch of the police. Although significant steps have been
taken to improve the quality of the police force (in this respect the
establishment of a police academy and the creation of the Professional
Responsibility Office may be mentioned), general confidence in the
impartiality of the police, which in the past co-operated closely with the
military dictatorship, has not yet been restored. The creation of a
well-trained separate judicial police, accountable solely to the
Attorney-General and through him to the judiciary, might contribute to a
greater effectiveness of the judiciary system and, more generally, to a
climate of increased confidence in the system. Another experiment which is
presently under way and which has been set up with the assistance of the
Centre for Criminal Justice of the Harvard University Law School in order to
improve the co-ordination between the police and the judiciary may also have a
beneficial effect on the functioning of the system. This experiment is geared
to a better instruction of the police on how to prepare a criminal case (a
great number of such cases are presently dismissed for vice of form or lack of
sufficient evidence). According to the Director General of the Police it
will, however, take a long time before concrete results are noticeable. In
this respect, it may also be noted that the technical asssistance project
carried out since 1988 by the Centre for Human RightB of the United Nations
Secretariat, in co-operation with the Guatemalan Government, has been striving
to strengthen the various Guatemalan institutions responsible for protecting
and promoting human rights and to enhance the co-ordination among them.
212. Hardly anyone has been brought to justice for committing crimes like
abduction, torture or extrajudicial killing. The mere fact that such heinous
crimes go unpunished contributes to the climate of lawlessness and terror. It
is widely assumed in the country that a considerable number of these crimes
are committed by people belonging to or linked with the security forces,
although there is no hard evidence for this assumption, since hardly any
investigation has been concluded with positive results. The Special
Rapporteur feels that in order to turn the tide it is vitally important to
bring to justice every person who has committed or ordered such crimes or
has condoned them while in a position to prevent them. The Special Rapporteur
has been informed that, in accordance with article 219 of the Constitution,
members of security forces who are suspected of having committed a crime
against a civilian have to appear before a military court. The Special
Rapporteur is of the opinion that confidence in the judiciary system will only
be restored if those suspected of committing such crimes against a civilian
are tried in the civilian courts.
213. It has been argued that one factor leading to the present legal confusion
is the fact that the Procurator for Human Rights and the judiciary have, to a
large extent, concurrent responsibility for investigating human rights
violations. In this regard it should be borne in mind that broad
investigative powers were given to the Procurator for Human Rights precisely
because the judiciary system had proved to be ineffective. It has, however,
been suggested that the existence of the Procurator's office might function as
an alibi for the judiciary not to investigate habeas corpus cases as
vigorously as they should. Theoretically this may be true, and in the long
run a solution to this problem will have to be found. If the judiciary system
finally functions satisfactorily, the task of the Procurator for Human Rights
could be limited to monitoring the general human rights situation in the
country and to an ombudsman-type function. The fact that practically no
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