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21 November 2000
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CAT
25th session
21 November 2000
Morning
Government Delegation Questioned on Application of Law
against Torture, Reports of Widespread Police Abuses
The Committee against Torture began consideration this morning of a third periodic report of Guatemala, querying Government representatives, among other things, on application of a law against torture -- whether it could be enforced against officials acting to "maintain public order" -- and if there had been a recent increase in cases of torture, as indicated by reports issued by the Mission of the United Nations in Guatemala (MINUGUA).
Committee Experts also asked if victims of torture were often too fearful of reprisals to file complaints, as reported by MINUGUA; and if police abuses were widespread and police officers enjoyed impunity for maltreatment of detainees, as contended by MINUGUA and by the non-governmental organizations (NGOs) Amnesty International and Human Rights Watch.
The Committee noted with approval various Government efforts to give high priority to human rights matters.
The Guatemalan report was introduced by Victor Hugo Godoy Morales, Minister and Chairman of COPREDEH (Commission of the President for the Coordination of Human Rights Policies in the Executive Branch), who said, among other things, that the Government was giving priority to implementing the terms of a 1996 peace agreement that had ended a long-running internal conflict, and to establishing respect for human rights and carrying out judicial reform. He cited continuing problems in coping with extensive past human-rights abuses, including cases of torture, for which the Government had accepted institutional responsibility.
Other members of the Government delegation were Antonio Arenales Forno, Permanent Representative of Guatemala to the United Nations Office at Geneva; Lesly Corso, Director of COPREDEH; Ivan Espinoza Farfan and Carla Rodriguez Mancia, Counsellors at the Permanent Mission of Guatemela to the United Nations Office at Geneva; and Stephanie Hochstetter, Second Secretary of the Permanent Mission.
The delegation is scheduled to respond to the questions at the Committee's afternoon meeting on Wednesday, 22 November.
Guatemala, as one of the 123 States parties to the Convention against Torture, is required to submit periodic reports to the Committee. States parties customarily also send Government delegations to answer questions about the reports.
The Committee will reconvene at 3 p.m. to issue conclusions and recommendations on a second periodic report of Australia and to continue its review of a second periodic report of Cameroon.
Third periodic report of Guatemala
The report (CAT/C/49/Add.2) covers implementation of the Convention on an article-by-article basis. A second section provides information concerning conclusions and recommendations of the Committee to previous Guatemalan reports. A review of the "general situation" states that "three years after concluding a firm and durable peace, the State of Guatemala is going through an intensive process of the consolidation of peace and political, economic and social reconstruction". The report notes that "a number of cases of torture have been recorded by the Human Rights Procurator and MINUGUA (Mission of the United Nations to Guatemala). However, according to data from the Human Rights Procurator, no cases of torture were recorded during 1998". Statistics on previous allegations are listed, including, through findings of the Procurator, 27 cases of extrajudicial killing, 22 of disappearance, one of "torture", and 13 related to the penitentiary system.
Among responses to Committee recommendations, the report states, among other things, that "efforts have been basically geared to strengthening two institutions with a key role in this regard: the judiciary and the Public Prosecutor's Office". Sixty-two municipal courts have been created in the country's interior, according to the report, and, in various parts of the country, four courts of first instance; three appeal divisions; five community criminal courts; five labour, social security and family courts; 12 criminal trial courts; eight juvenile courts; and three civil and commercial courts.
Introduction of report
VICTOR HUGO GODOY MORALES, Minister and Chairman of COPREDEH (Commission of the President for the Coordination of Human Rights Policies in the Executive Branch) of Guatemala, said, among other things, that Guatemala had signed a firm and lasting peace treaty on December 29, 1996, which provided an agenda for State reform aimed at overcoming impunity and building a State founded on the rule of law. Since taking office, the current Government had demonstrated that the peace agreements took priority, and were in fact the State's agenda. The justice system was being reformed and the security forces "civilianized", and the State was endeavouring to take responsibility for human-rights violations. Despite this change in policy, it had to be recognized that major challenges remained; these included strengthening and professionalizing the police force, carrying out efficient and fair investigations, and restructuring the penitentiary system.
A training course had been organized for 60 prison guards in an effort to add to their professionalism, Mr. Godoy Morales said; included were efforts to prevent torture and ill-treatment; unfortunately prison reform efforts and training programmes had little in the way of funding, although efforts were being made to add to it.
A presidential committee had noted that the national police service was responsible for past violations of human-rights, Mr. Godoy Morales said. Since 1994 a new criminal code had been in force, but there were still problems with the national police force, as indicated by MINUGUA (Mission of the United Nations to Guatemala) reports as well as the Presidential commission; some cases of torture had been committed; as a result of investigations, human-rights training had been carried out at the national police academy, and four officers had been made responsible for human-rights matters; there also were 36 "trainers" in human rights.
Another problem was lynching, Mr. Godoy Morales said. While reforms had been made, there were practical difficulties; there were not enough police officers, prosecutors, and judges available in rural areas; as a result, in rural areas in particular, there had been lynchings; the Government was now trying to end these incidents. Young people in particular were being taught about ethics, the right to life, human rights, and integrity of the person, in an effort to stop lynchings; workshops also were being held in 13 areas where lynchings had been most frequent, and were aimed at training local leaders in preventing such events.
A Security Cabinet had been set up to deal with questions of security and human rights, and involved relevant Ministries, including those of justice and defense, Mr. Godoy Morales said; the cabinet attempted to coordinate policies and prevent such things as arbitrary abuse and violations committed by those responsible for maintaining public order. In addition, a national commission had been established to carry out judicial reform, of which the Presidential human rights commission was a major participant because of its familiarity with international and regional human rights standards. The commission also was cooperating with the Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers. Further, a commission had been set up on the matter of threats and intimidation, which occurred frequently in the country; some cases would be chosen for investigation and it was hoped that those responsible for threats and intimidation would be brought to justice.
MINUGUA reported, and information provided the Committee indicated, that there had been cases of kidnapping and extrajudicial executions during the country's long-running conflict, as well as cases of torture, Mr. Godoy Morales said. There were cases now before the Inter-American Commission on Human Rights; the Government had recognized its institutional responsibility for these violations and was following the recommendations of the Inter-American Commission; there were about 130 cases now before the Commission. The Government was attempting to come to an agreement with the families affected. It hoped soon to have 50 out-of-court settlements on cases involving disappearances, extra-judicial executions, and street children.
An offense of torture had been included in the criminal code recently, Mr. Godoy Morales said, and a series of regional human-rights instruments recently had been ratified by Guatemala. The country's long-running war had been so horrible and the abuses committed so upsetting that the one thing the public most needed was awareness of human rights and investigation and punishment of those responsible; there had to be a broad public understanding of the seriousness of such offenses.
Discussion
Serving as rapporteur on the situation in Guatemala was Committee Expert ALEJANDRO GONZALEZ POBLETE, who said, among other things, that Guatemala had made much recent progress, including the holding of fair elections and advances in consolidating democracy and establishing the rule of law; further, the President had stated that human rights and judicial reforms were a matter of priority. He said the Committee would like to be on equal terms with the Inter-American Court and be able to review individual cases, and hoped the Government would make the necessary declarations under articles 21 and 22 of the Convention against Torture to make this possible.
Extradition and asylum procedures took measures appropriate with the Convention, Mr. Gonzalez Poblete said, but he asked if those not officially recognized as political refugees were protected against extradition in cases where they might face torture on their return; he asked if article 46 of the Constitution and international standards on capital punishment were enforced and respected, considering recent rulings of the Supreme Court confirming death sentences for persons who had carried out kidnappings that had not resulted in deaths of those kidnapped.
Mr. Gonzalez Poblete asked if the country's Migration Act and related regulations followed Convention standards on expulsion and return, and if persons to be expelled had the right to appeal; and if reasons had to be given for why a person was expelled, especially if he faced a risk of torture on return.
He asked if draft amendments to the criminal definition of torture, under consideration for two years and based on a past recommendation of the Committee, took into account concerns of the Committee that those responsible for acts of torture be tried appropriately, along the lines of those accused of kidnapping; if those responsible for the actual commission of acts of torture were subject to punishment, along with those responsible for ordering the acts of torture; if persons who were tortured who were not prisoners or detainees were covered by laws prohibiting torture; and if there was a loophole in the law excusing acts of torture committed by "lawful authorities" in "the maintenance of public order", as the Convention allowed no exceptions or excuses for acts of torture.
The link between torture and kidnapping in the relevant law was perhaps ambiguous, Mr. Gonzalez Poblete said; it raised the question of whether torture not related to kidnapping was prohibited by the law, or whether kidnapping that did not involve torture was punishable under the law; he wondered if torture could be explicitly criminalized entirely on its own. He asked if the disproportionate use of force by police officials could be sanctioned under existing laws, as it could amount to torture or degrading treatment.
Mr. Gonzalez Poblete asked if persons reporting acts of torture or ill-treatment were protected against reprisals in practice as well as under law; if, as MINUGUA reported, there had been a deterioration since 1997 in the situation with regard to torture -- that instances seemed to have increased, while the number of complaints was often well below the actual rate of such abuses, as victims were too fearful to file complaints; if police abuses were widespread, as reported by MINUGUA and by various non-governmental organizations, including Amnesty International and Human Rights Watch; and if impunity was a serious problem and made the human rights protection system precarious, as these organizations contended, noting that impunity especially applied to the national police and Government ministry personnel.
Acting as second rapporteur on the situation in Guatemala was Committee Expert OLE VEDEL RASMUSSEN, who said, among other things, that the Government had taken laudable steps to train police officers in human rights and the standards of the Convention, and to improve health services in prisons. He asked, among other things, if recruitment for the national police force was appropriate, with the right people selected for the job and persons with bad military records kept from such employment; and if registers were kept of interrogations and if interrogations were noted in detainees' individual files, including such details as where, when, for how long, and by whom interrogations were carried out.
Mr. Rasmussen asked if prompt and impartial investigations were in fact carried out into complaints of torture; if police abuse of street children, including sexual abuse, continued to be widespread, as alleged, and if officers were rarely punished for such offenses or if proceedings against them were often delayed for long periods; what the Government was doing to locate thousands of disappeared persons from the period of armed conflict, bring those responsible to trial, and compensate families; if an independent commission would be established to investigate all cases of disappearances and attempt to identify bodies found in mass graves; and if prisoners and detainees were kept physically and procedurally separate.
Other Committee members also put questions. They asked, among other things, if sexual and other violence in prisons was monitored; if there was a case where torture could ever be authorized by law, since there was a legal stipulation that legitimized it "if authorized by law"; and if members of the army, security forces or police had in fact been relieved or expelled from their jobs as a result of abuses committed.
* *** *
25th session
21 November 2000
Morning
Government Delegation Questioned on Application of Law
against Torture, Reports of Widespread Police Abuses
The Committee against Torture began consideration this morning of a third periodic report of Guatemala, querying Government representatives, among other things, on application of a law against torture -- whether it could be enforced against officials acting to "maintain public order" -- and if there had been a recent increase in cases of torture, as indicated by reports issued by the Mission of the United Nations in Guatemala (MINUGUA).
Committee Experts also asked if victims of torture were often too fearful of reprisals to file complaints, as reported by MINUGUA; and if police abuses were widespread and police officers enjoyed impunity for maltreatment of detainees, as contended by MINUGUA and by the non-governmental organizations (NGOs) Amnesty International and Human Rights Watch.
The Committee noted with approval various Government efforts to give high priority to human rights matters.
The Guatemalan report was introduced by Victor Hugo Godoy Morales, Minister and Chairman of COPREDEH (Commission of the President for the Coordination of Human Rights Policies in the Executive Branch), who said, among other things, that the Government was giving priority to implementing the terms of a 1996 peace agreement that had ended a long-running internal conflict, and to establishing respect for human rights and carrying out judicial reform. He cited continuing problems in coping with extensive past human-rights abuses, including cases of torture, for which the Government had accepted institutional responsibility.
Other members of the Government delegation were Antonio Arenales Forno, Permanent Representative of Guatemala to the United Nations Office at Geneva; Lesly Corso, Director of COPREDEH; Ivan Espinoza Farfan and Carla Rodriguez Mancia, Counsellors at the Permanent Mission of Guatemela to the United Nations Office at Geneva; and Stephanie Hochstetter, Second Secretary of the Permanent Mission.
The delegation is scheduled to respond to the questions at the Committee's afternoon meeting on Wednesday, 22 November.
Guatemala, as one of the 123 States parties to the Convention against Torture, is required to submit periodic reports to the Committee. States parties customarily also send Government delegations to answer questions about the reports.
The Committee will reconvene at 3 p.m. to issue conclusions and recommendations on a second periodic report of Australia and to continue its review of a second periodic report of Cameroon.
Third periodic report of Guatemala
The report (CAT/C/49/Add.2) covers implementation of the Convention on an article-by-article basis. A second section provides information concerning conclusions and recommendations of the Committee to previous Guatemalan reports. A review of the "general situation" states that "three years after concluding a firm and durable peace, the State of Guatemala is going through an intensive process of the consolidation of peace and political, economic and social reconstruction". The report notes that "a number of cases of torture have been recorded by the Human Rights Procurator and MINUGUA (Mission of the United Nations to Guatemala). However, according to data from the Human Rights Procurator, no cases of torture were recorded during 1998". Statistics on previous allegations are listed, including, through findings of the Procurator, 27 cases of extrajudicial killing, 22 of disappearance, one of "torture", and 13 related to the penitentiary system.
Among responses to Committee recommendations, the report states, among other things, that "efforts have been basically geared to strengthening two institutions with a key role in this regard: the judiciary and the Public Prosecutor's Office". Sixty-two municipal courts have been created in the country's interior, according to the report, and, in various parts of the country, four courts of first instance; three appeal divisions; five community criminal courts; five labour, social security and family courts; 12 criminal trial courts; eight juvenile courts; and three civil and commercial courts.
Introduction of report
VICTOR HUGO GODOY MORALES, Minister and Chairman of COPREDEH (Commission of the President for the Coordination of Human Rights Policies in the Executive Branch) of Guatemala, said, among other things, that Guatemala had signed a firm and lasting peace treaty on December 29, 1996, which provided an agenda for State reform aimed at overcoming impunity and building a State founded on the rule of law. Since taking office, the current Government had demonstrated that the peace agreements took priority, and were in fact the State's agenda. The justice system was being reformed and the security forces "civilianized", and the State was endeavouring to take responsibility for human-rights violations. Despite this change in policy, it had to be recognized that major challenges remained; these included strengthening and professionalizing the police force, carrying out efficient and fair investigations, and restructuring the penitentiary system.
A training course had been organized for 60 prison guards in an effort to add to their professionalism, Mr. Godoy Morales said; included were efforts to prevent torture and ill-treatment; unfortunately prison reform efforts and training programmes had little in the way of funding, although efforts were being made to add to it.
A presidential committee had noted that the national police service was responsible for past violations of human-rights, Mr. Godoy Morales said. Since 1994 a new criminal code had been in force, but there were still problems with the national police force, as indicated by MINUGUA (Mission of the United Nations to Guatemala) reports as well as the Presidential commission; some cases of torture had been committed; as a result of investigations, human-rights training had been carried out at the national police academy, and four officers had been made responsible for human-rights matters; there also were 36 "trainers" in human rights.
Another problem was lynching, Mr. Godoy Morales said. While reforms had been made, there were practical difficulties; there were not enough police officers, prosecutors, and judges available in rural areas; as a result, in rural areas in particular, there had been lynchings; the Government was now trying to end these incidents. Young people in particular were being taught about ethics, the right to life, human rights, and integrity of the person, in an effort to stop lynchings; workshops also were being held in 13 areas where lynchings had been most frequent, and were aimed at training local leaders in preventing such events.
A Security Cabinet had been set up to deal with questions of security and human rights, and involved relevant Ministries, including those of justice and defense, Mr. Godoy Morales said; the cabinet attempted to coordinate policies and prevent such things as arbitrary abuse and violations committed by those responsible for maintaining public order. In addition, a national commission had been established to carry out judicial reform, of which the Presidential human rights commission was a major participant because of its familiarity with international and regional human rights standards. The commission also was cooperating with the Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers. Further, a commission had been set up on the matter of threats and intimidation, which occurred frequently in the country; some cases would be chosen for investigation and it was hoped that those responsible for threats and intimidation would be brought to justice.
MINUGUA reported, and information provided the Committee indicated, that there had been cases of kidnapping and extrajudicial executions during the country's long-running conflict, as well as cases of torture, Mr. Godoy Morales said. There were cases now before the Inter-American Commission on Human Rights; the Government had recognized its institutional responsibility for these violations and was following the recommendations of the Inter-American Commission; there were about 130 cases now before the Commission. The Government was attempting to come to an agreement with the families affected. It hoped soon to have 50 out-of-court settlements on cases involving disappearances, extra-judicial executions, and street children.
An offense of torture had been included in the criminal code recently, Mr. Godoy Morales said, and a series of regional human-rights instruments recently had been ratified by Guatemala. The country's long-running war had been so horrible and the abuses committed so upsetting that the one thing the public most needed was awareness of human rights and investigation and punishment of those responsible; there had to be a broad public understanding of the seriousness of such offenses.
Discussion
Serving as rapporteur on the situation in Guatemala was Committee Expert ALEJANDRO GONZALEZ POBLETE, who said, among other things, that Guatemala had made much recent progress, including the holding of fair elections and advances in consolidating democracy and establishing the rule of law; further, the President had stated that human rights and judicial reforms were a matter of priority. He said the Committee would like to be on equal terms with the Inter-American Court and be able to review individual cases, and hoped the Government would make the necessary declarations under articles 21 and 22 of the Convention against Torture to make this possible.
Extradition and asylum procedures took measures appropriate with the Convention, Mr. Gonzalez Poblete said, but he asked if those not officially recognized as political refugees were protected against extradition in cases where they might face torture on their return; he asked if article 46 of the Constitution and international standards on capital punishment were enforced and respected, considering recent rulings of the Supreme Court confirming death sentences for persons who had carried out kidnappings that had not resulted in deaths of those kidnapped.
Mr. Gonzalez Poblete asked if the country's Migration Act and related regulations followed Convention standards on expulsion and return, and if persons to be expelled had the right to appeal; and if reasons had to be given for why a person was expelled, especially if he faced a risk of torture on return.
He asked if draft amendments to the criminal definition of torture, under consideration for two years and based on a past recommendation of the Committee, took into account concerns of the Committee that those responsible for acts of torture be tried appropriately, along the lines of those accused of kidnapping; if those responsible for the actual commission of acts of torture were subject to punishment, along with those responsible for ordering the acts of torture; if persons who were tortured who were not prisoners or detainees were covered by laws prohibiting torture; and if there was a loophole in the law excusing acts of torture committed by "lawful authorities" in "the maintenance of public order", as the Convention allowed no exceptions or excuses for acts of torture.
The link between torture and kidnapping in the relevant law was perhaps ambiguous, Mr. Gonzalez Poblete said; it raised the question of whether torture not related to kidnapping was prohibited by the law, or whether kidnapping that did not involve torture was punishable under the law; he wondered if torture could be explicitly criminalized entirely on its own. He asked if the disproportionate use of force by police officials could be sanctioned under existing laws, as it could amount to torture or degrading treatment.
Mr. Gonzalez Poblete asked if persons reporting acts of torture or ill-treatment were protected against reprisals in practice as well as under law; if, as MINUGUA reported, there had been a deterioration since 1997 in the situation with regard to torture -- that instances seemed to have increased, while the number of complaints was often well below the actual rate of such abuses, as victims were too fearful to file complaints; if police abuses were widespread, as reported by MINUGUA and by various non-governmental organizations, including Amnesty International and Human Rights Watch; and if impunity was a serious problem and made the human rights protection system precarious, as these organizations contended, noting that impunity especially applied to the national police and Government ministry personnel.
Acting as second rapporteur on the situation in Guatemala was Committee Expert OLE VEDEL RASMUSSEN, who said, among other things, that the Government had taken laudable steps to train police officers in human rights and the standards of the Convention, and to improve health services in prisons. He asked, among other things, if recruitment for the national police force was appropriate, with the right people selected for the job and persons with bad military records kept from such employment; and if registers were kept of interrogations and if interrogations were noted in detainees' individual files, including such details as where, when, for how long, and by whom interrogations were carried out.
Mr. Rasmussen asked if prompt and impartial investigations were in fact carried out into complaints of torture; if police abuse of street children, including sexual abuse, continued to be widespread, as alleged, and if officers were rarely punished for such offenses or if proceedings against them were often delayed for long periods; what the Government was doing to locate thousands of disappeared persons from the period of armed conflict, bring those responsible to trial, and compensate families; if an independent commission would be established to investigate all cases of disappearances and attempt to identify bodies found in mass graves; and if prisoners and detainees were kept physically and procedurally separate.
Other Committee members also put questions. They asked, among other things, if sexual and other violence in prisons was monitored; if there was a case where torture could ever be authorized by law, since there was a legal stipulation that legitimized it "if authorized by law"; and if members of the army, security forces or police had in fact been relieved or expelled from their jobs as a result of abuses committed.
* *** *