E/CN.4/1990/17
page 62
kidnappings and extrajudicial executions. Although in the case of
disappearances, as in other cases of human rights violations, the
investigative powers of the Procurator are concurrent with those of the
judicial system, he can carry out such investigations independently and the
authorities are under a legal obligation to co-operate with him. If they
refuse to do so, the Procurator can start a court procedure against them.
198. When the investigation has been satisfactorily concluded and it has been
established that a violation has been committed, the case is transmitted to
the judge and the Attorney-General, although formally the latter is not
dependent on the findings of the Procurator since he can start his own
investigation -immediately after a crime has been committed. Although the file
is transmitted to the judiciary in order to start criminal procedures, the
Procurator on Human Rights can publish his findings in a report to Congress.
In the notorious El Aguacate case, in which 21 people were killed (according
to the Government by guerrillas but according to other sources by the
military), the Procurator declared in Congress that the Government had shown
negligence in the investigation of that crime and that the Government was
responsible since it failed to carry out its duty to ensure the right to life.
199. In spite of the fact that the Procurator has broad powers, many sources
expressed their dissatisfaction with the way his mandate was performed. It
was said that no clear priorities had been set with regard to various
categories of human rights violations (initially much emphasis was given to
social and economic problems), and that investigations were not carried out
thoroughly. Moreover, it was found highly unsatisfactory that the
Procurator's office was situated on the outskirts of the capital and was
therefore difficult to reach for the average citizen.
200. In discussion with members of Congress and with the Deputy Procurator it
was explained to the Special Rapporteur that there was general agreement that
the location was inappropriate but that it had been impossible to find more
centrally-located premises as nobody wanted to let offices to an institution
with such a madate. Moreover, it was said that the office was badly
understaffed since the resources earmarked for the office were far from
sufficient.
201. At present the post of Prosecutor for Human Rights is vacant. The first
bolder of the office, who was out of the country during the Special
Rapporteur's visit, offered his resignation a few weeks later.
202. In June 1988 an Advisory Commission on Human Rights Matters to the Office
of the President was established. It is composed exclusively of government
officials. Its function is to advise the President on matters of human
rights. It maintains contact with the other branches of Government, the
various ministries, the judiciary and the Attorney-General, but not with
Congress. It can recommend additional legislative measures and draw the
attention of the various State institutions to shortcomings in the system to
guarantee human rights. The Commission has no authority to carry out
investigations independently, although the government order by which it was
established included in its mandate "the collecting of all the material
gathered during inquiries and all the background information available from
official and unofficial sources in order to provide full and public
information on the enforced or involuntary disappearances that occurred before
the present Government took office".
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents