Human Rights and Impunity in Guatemala

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(Guatemala, July 28, 2009) 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 1982.

• 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 several years.

• 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 that:

• 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 limitations.

• 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 necessary that:

• 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.

Guatemala, July 28, 2009

Human Rights First

Convergencia por los Derechos Humanos
Centro para la Acción Legal en DDHH -CALDH-
Centro Internacional para Investigaciones en DDHH -CIIDH-
Fundación Sobrevivientes
Instituto de Estudios Comparados en CC Penales de Guatemala -ICCPG-
Oficina de DDHH del Arzobispado de Guatemala -ODHAG-
Seguridad en Democracia -SEDEM-
Unidad de Protección a Defensoras y Defensores de DDHH en Guatemala -UDEFEGUA-

Human Rights First is a non-profit, nonpartisan international human rights organization that protects people at risk: refugees who flee persecution, victims of crimes against humanity or other mass human rights violations, victims of discrimination, those whose rights are eroded in the name of national security, and human rights advocates who are targeted for defending the rights of others.  To maintain our independence, we accept no government funding.

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