E/CN.4/1990/17
page 60
Congress for a vastly expanded budget in order to be able to appoint 53 new
functionaries. As things stood, his office was unable to carry out its most
important task. But even with increased manpower, there would be the problem
that the actual investigation had to be carried out by the police, who were
badly trained and underpaid. The Special Rapporteur was informed that in the
past, under the Code of Criminal Procedure, there had been a judicial police,
but that in 1982, after a coup d'etat, the relevant provisions of the Code had
been abrogated. The Attorney-General was of the opinion that the
reintroduction of a separate judicial police branch would greatly enhance the
effectiveness of the investigative machinery. The judicial police, though
belonging to the police force in general, should be accountable only to the
Attorney-General.
189. The Attorney-General also complained about the lack of co-operation from
the population in bringing evidence. Since the rules on evidence are very
strict in Guatemala, in many instances it proved to be impossible to conclude
a case and bring it to the court.
190. Both the President of the Supreme Court and the Deputy Procurator for
Human Rights confirmed the opinion of the Attorney-General that his Office
should be strengthened. They also agreed that at present the police were not
able to carry out investigations satisfactorily because of lack of training
and lack of equipment.
191. At present the police i6 made up of three branches: the National Police,
which is entrusted with general police tasks, the guardia de hacienda, which
is competent in matters of customs and now has the main reponsibility for the
control of drug trafficking, and, lastly, the military police which, apart
from having the normal military police tasks, may also be used to provide
protection for private enterprises. The units entrusted with this latter task
are called the military police patrols. In view of the increase in crime and
violence, it was decided in August 1988 to co-ordinate the work of the two
civilian police forces and the military police patrols in what is known as the
Sistema de Proteccion Civil (SIPROCI) or civil protection system. Since the
composing elements belong to different ministries, the system is co-ordinated
by both the Ministry of the Interior and the Ministry of Defence and is under
the official command of the President. The mere fact that this system, the
effectiveness of which is controversial, was set up as an emergency measure is
an indication that the police is not up to its task, either quantitatively or
qualitatively.
192. The Minister of the Interior informed the Special Rapporteur that steps
had been taken to improve the situation. A police academy was to be opened in
two months' time. Its capacity was provisionally set for 250 students but
would gradually be extended to 1,000. Several groups of policemen received
training abroad, whereas several countries provided the police with modern
equipment. A training curriculum with great emphasis on human rights issues
was in preparation. One great problem, however, could not be solved in the
near future: the police were badly underpaid, but due to financial strain the
Government was not in a position to raise wages to a satisfactory level.
193. During his talks with the Director General of the National Police the
Special Rapporteur was told that a new office had been created within the
police about a year earlier. This office, known as the "Professional
Responsibility Office" (Oficina de Responsabilidad Profesional), is charged
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