E/CN.4/1990/17
page 66
investigation has led to conclusive results can, however, hardly be ascribed
to this concurrent responsibility but can readily be explained by the security
risks encountered by investigators and the lack of co-operation given to them.
214. During his stay in Guatemala the Special Rapporteur also visited the
central prison of Pavon. In the spring of 1989 riots broke out there in
protest against the prison conditions and the prison regime in general. The
Special Rapporteur at that time received allegations that torture used to be
practised in Pavon prison and he also received information that after the
riots had been quelled prison inmates were severely maltreated. This latter
information was confirmed by the inmates during the Special Rapporteur's
visit. It was also said, however, that the situation had considerably
improved since the appointment of a new prison administration. With one
exception, the Special Rapporteur received no complaints about ill-treatment
by prison personnel. Prison inmates seem to receive ample opportunity for
education and professional training; new facilities are being built, and the
atmosphere was relatively relaxed.
215. The human rights situation in Guatemala undoubtedly calls for drastic
measures. The Government seems to be well aware of the need for such
measures. President Vinicio Cerezo assured the Special Rapporteur that those
who were responsible for the recent wave of violence and who were trying to
destabilize the democratic system would be brought to justice. He also drew
attention to the fact that the rule of law was a recent notion for the country
and that the legal institutional system was deficient. Some steps to improve
the system had already been taken but needed time to take effect.
216. In this context the Special Rapporteur may make the following
recommendations:
(a) All allegations about serious human rights violations, such as
harassment (death threats), abduction, torture and killings, should be
promptly and thoroughly investigated;
(b) Persons who obstruct such investigations should be immediately
brought to court and punished in accordance with the law;
(c) In order to improve investigative capacities the Office of the
Attorney-General should be strengthened; consideration should also be given to
the re-establishment of a judicial police force as a separate branch of the
police;
(d) Meaningful and effective steps should be taken to guarantee the
security of all persons involved in the investigation and monitoring of human
rights violations;
(e) All persons who are found to be responsible for human rights
violations should be prosecuted and, if proved to be guilty, punished; if the
victim is a civilian, they should in principle be tried by a civilian court,
irrespective of their status;
(f) Training programmes of the police and the security forces should
contain human rights courses in which it is emphasized that serious violations
of human rights (such us torture) will be severely punished and that no orders
to commit such human rights violations may be obeyed;
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