For Immediate Release
Brenda Bowser Soder
O -202/370-3323, C – 301/906-4460
Human Rights and Impunity in Guatemala
Guatemala - Human Rights First, in conjunction with the organizations comprising the Convergencia por los Derechos Humanos,
has concluded an observatory mission to Guatemala on the state of human
rights. After analyzing their findings, Human Rights First and the Convergencia por los Derechos Humanos have arrived at the following conclusions:
1. Past Mass Atrocities Must Be Investigated and Prosecuted
Atrocities committed during the internal armed conflict are rarely
prosecuted, resulting in impunity for the perpetrators of crimes
against humanity and genocide. Despite important achievements,
including an order to release military archives related to cases of
genocide, the capture of the intellectual authors of the detention of
Fernando García, and a Constitutional Court ruling on forced
disappearances in the case of Choatalum, the immense majority of
victims of the conflict await resolution from the justice system.
Therefore, we demand the following necessary steps:
- The immediate investigation of accusations of mass
atrocities, crimes against humanity and genocide committed during the
internal armed conflict. The Public Prosecutor’s Office should
investigate and criminally prosecute those responsible, in particular
senior officials who oversaw the commission of these crimes. The
government should strengthen the Public Prosecutor’s Office for Human
Rights, and in particular the Unit for Historical Clarification.
Furthermore, the Guatemalan state should immediately execute
outstanding orders for the arrest of certain key officials, for example
Colonel José Antonio Solares Gonzáles, who has an outstanding arrest
warrant for giving the order to commit the massacre of Río Negro in
- Reform of the Injunctive Relief (Amparo) Law
to prevent defendants accused of serious human rights violations from
paralyzing criminal proceedings against them. The Guatemalan Congress
should approve this week
a bill before it to reform the Injunctive Relief Law, particularly as
the bill has already been under consideration by the Congress for
- The publication of the military archives, including those documenting the following military operations: Campaña Sofía 82, Firmeza 83 and Operación Ixil.
The Constitutional Court has ordered that these archives be produced.
Furthermore, the commission for the declassification of military
archives should release, as soon as possible, all of the secret
military documents related to the armed conflict so as to guarantee
access to this information and respect the right to information and
truth. The Human Rights Ombudsman should immediately make publically
available the digital archives of the now defunct Presidential Guard (Estado Mayor Presidencial), which have been in its possession since 2005.
2. The International Commission against Impunity in Guatemala (CICIG)
CICIG has begun to participate in key criminal cases designed to
dismantle illegal security forces and clandestine security apparatuses
in Guatemala. Furthermore, CICIG has played an important role in
strengthening judicial institutions in Guatemala and has successfully
denounced public officials who have impeded its work. However, CICIG
will be unable to complete its work without the support of the
Guatemalan state and necessary legal tools. Therefore, it is necessary
- The Public Prosecutor’s Office and the judicial system support
the investigations and criminal prosecutions of the Special Prosecutors
and CICIG. The purging of ineffective or obstructionist personnel from
the judicial system is a fundamental part of CICIG’s mandate, and one
that should be carried out as quickly as possible and without
- The Guatemalan Congress approve the ten legal and
institutional reforms recommended by CICIG in order to eradicate
clandestine apparatuses operating in Guatemala, including the creation
of high impact courts, and a reform to the Organized Crime Law
regarding benefits for informants.
3. The Situation of Human Rights Defenders
According to a report presented by the Protection Unit for Human
Rights Defenders in Guatemala (UDEFEGUA), in the fist six months of
2009 there were 171 attacks against human rights defenders. Of these,
ten were murders, 17 were attempted murders and 18 were baseless
criminal charges. This situation represents a deterioration in the
conditions under which human rights activists work, and therefore it is
- The Public Prosecutor’s Office prioritizes the
investigation of threats and killings of human rights defenders to
combat widespread impunity and to dissuade further acts of violence
against them. The Public Prosecutor’s Office should immediately,
comprehensively and impartially investigate these crimes, as well as
criminally prosecuting those responsible.
- The Guatemalan President approve as soon as
possible a Government Agreement which installs: (1) an Agency for the
Analysis of Attacks on Human Rights Defenders (Instancia de Análisis de Ataques en contra de las y los Defensores de Derechos Humanos),
and which further strengthens this institution once its continued
operations is guaranteed; and (2) a Program and Policy for the
Protection of Human Rights Defenders (la Política y el Programa de Prevención y Protección para Defensores de Derechos Humanos).
- The Ministry of the Interior strengthen the Human Rights Unit of the Criminal Investigation Division (División de Investigación Criminal, or DINC) of the National Civilian Police.
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