E/CN.4/1990/17
page 61
with the investigation of illegal acts committed by police officers, including
ill-treatment of detainees. Sixty police officers have now been trained for
this task. Any citizen can file a complaint with the office. When the
investigation is concluded, the file, with a summary of its contents, is
presented to the Director General, who determines what measures will be taken
if the police officer is found guilty. These measures can comprise
disciplinary measures, including dismissal from service. The case can also be
brought up for a criminal procedure before a court; in that caBe the file is
transmitted to the Attorney-General's office. Since the creation of the
office, 500 cases have been taken up, 100 of which have been concluded. The
Director General stressed the fact, that apart from the importance of the
corrective measures taken in the case of abuse of authority, the mere
existence of the office also had a preventive effect. The fact that policemen
knew that their conduct might be scrutinized acted aB a deterrent.
194. Since 1986 a number of institutions have been created with various tasks
in the field of human rights. Article 273 of the Constitution provides for
the establishment of a Human Rights Commission of Congress and a Procurator
for Human Rights.
195. The Human Rights Commission of Congress is composed of one deputy for
each party represented in Congress and presently consists of 13 members. Its
most important function originally was the nomination of candidates for the
post of Procurator for Human Rights but it has also acquired other tasks,
mainly of a legislative character: the Commission can recommend the
adjustment or updating of existing laws in the light of the human rights
provisions of the new Constitution and the international instruments to which
the country is a party. It can also discuss the human rightB situation in the
country in a general way. As a result of such a discussion the Commission
adopted a resolution on 12 September 1989 in which it aBked for the
appointment by the United Nations Commission on Human Rights of an impartial
Special Rapporteur with investigative powers regarding the serious violations
of human rights in Guatemala. In this resolution, which was adopted with only
one vote against (the representative of the governing party voted in favour),
the Commission expressed its concern about the escalation of uncontrollable
violence in all sectors of society.
196. During discussions with the Chairman and the Vice-Chairman of the
CommiBBion it was said that the Commission had come to the conclusion that the
civilian Government had lost control and that international pressure might
help to improve the situation. The relationship between the civilian
Government and the army had been uneasy from 1986 on. Within the army there
were different factions, some of which did not approve of the democratic
system, as evidenced by the various coup attempts. It was understood that
these factions were gaining strength and were destabilizing the country.
International pressure might be needed to strengthen the democratic forces and
to curb the anti-democratic factions.
197. The Procurator for Human Rights is appointed by Congress and has,
according to the Act of 1986 in which his mandate is elaborated (Lev de la
Comision de Derqchos Humanos del Congreso de la Republir.a y del Procurador r^
los Derechos Humanos)t broad investigative powers into alleged human rights
violations. He is assisted by two deputies. According to Deputy
Procurator Figueroa, over 1,200 complaints were filed with the office in 1988,
of which 218 were found to be violations; almost all these cases concerned
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents