E/CN.4/1990/17
page 58
their human rights. Violations of human rights are committed by forces within
the Guatemalan society which have no direct links with the authorities, but
the authorities have so far found no way to put an end to these violations.
The question at issue, therefore, is not so much the termination of human
rights violations by the authorities in power (as is the case in many other
countries) but the prevention and suppression of human rights violations by
others. This is recognized by the Government as well. President Cerezo has
stated more than once that his administration would concentrate on improving
legal structures and processes in order to solve the problem of political
violence and prevent future human rights violations. The problem that
confronts Guatemalan society can be succinctly summarized in the words of the
statement made by the Episcopal Conference of Guatemala on 7 April 1989: "the
lack of a serious and conclusive investigation, in accordance with the
principle of justice, into a large number of crimes which consequently go
unpunished".
180. The 1985 Constitution clearly states in article 3 that the State
guarantees and protects human life as well as the integrity and security of
the human person. Human rights are well covered in the Constitution which,
moreover, states that in the field of human rights the conventions to which
Guatemala is party have priority over provisions of internal law (art. 46).
Guatemala is a party to the International Covenant on Economic, Social and
Cultural Rights but not to the International Covenant on Civil and Political
Rights. It is also a party to the American Convention on Human Rights and to
the Inter-American Convention to Prevent and Punish Torture. It has accepted
the jurisdiction of the Inter-American Court of Human Rights under article 62
of the American Convention on Human Rights, but has made a reservation with
regard to the jurisdiction under the Inter-American Convention to Prevent and
Punish Torture, to the effect that "under its [Guatemala's] internal legal
system, after remedies have been exhausted, a decision acquitting a person
presumed to be guilty of the offence of torture is final and may not be
submitted to an international forum". The Special Rapporteur shares the
opinion of the Expert on Guatemala (E/CN.4/1989/39, para. 16) that this
reservation is incompatible with the object and purpose of the Inter-American
Convention to Prevent and Punish Torture and at the same time is
irreconcilable with Guatemala's recognition of the jurisdiction of the
Inter-American Court of Human Rights. The Special Rapporteur was informed by
the Vice-Minister for Foreign Affairs that the reservation had been entered
for legal reasons only and that political considerations had played no role
when it was made: it had been considered incorrect to reopen a case once it
was closed. The Government was now willing to withdraw the reservation but
the initiative to do so must come from Congress.
181. As for the International Covenant on Civil and Political Rights of 1966,
no concrete steps have so far been taken with regard to parliamentary
approval. The Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of 1984 has already been recommended by the
Congressional Commissions on Foreign Relations and on Human Rights for
approval and was reported to have been placed on the agenda of the plenary
session of Congress for 21 September 1989. The Human Rights Commission of
Congress has also considered recommending to the Government to accept the
competence of the Committee Against Torture under articles 21 and 22 of the
Convention.
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