Guatemala: Despite political turmoil, torture prevention measures must be strengthened, says UN experts

GENEVA (24 October 2023) – UN experts called on Guatemala to safeguard the human rights of people deprived of their liberty, after concluding their second visit to the country.

“Despite the delicate institutional situation that Guatemala is currently facing, which resulted in the obstruction of various means of transportation and communication, we managed to visit more than 20 places of deprivation of liberty in the country, and we conducted numerous interviews with both people detained and officials working in such places,” said Marco Feoli Villalobos, who led the delegation of the UN Subcommittee for the Prevention of Torture (SPT), which visited Guatemala from 8 to 19 October.

The delegation visited different types of facilities in the department of Guatemala*, including prisons for men, women, and juveniles, migrant detention shelters, children´s homes, and a psychiatric hospital. The Subcommittee also conducted joint visits to some detention centres together with the National Preventive Mechanism (NPM), the designated torture-prevention body in the country. 

“On the ground, we observed worrying conditions in a significant number of facilities that could amount to cruel, inhuman and degrading treatment or torture. We shared our preliminary findings with the authorities,” he added.

“We call on Guatemala to seriously consider a profound and substantive modernisation of the criminal justice system, involving the participation of the executive, judiciary, and legislative branches, to address the existing dire circumstances within a reasonable timeframe,” stated Feoli.

The SPT will share its report, which includes findings and recommendations, with Guatemala in due course. The report will remain confidential until the State decides to make it public. Additionally, the Subcommittee will prepare a separate, confidential report for the NPM.

“We invite the State Party to publish our visit report. This is a decision that exclusively belongs to the State. The SPT considers that the report will benefit all parties involved, directly or indirectly, as they seek solutions for the immediate future,” Feoli said.

During its time in Guatemala, the SPT delegation also met with civil society, international organisations, and other relevant actors.

Guatemala ratified the Optional Protocol to the Convention against Torture (OPCAT) in 2008, and the SPT conducted its first visit to the country in 2015.

The SPT delegation was composed of Marco Feoli (Costa Rica), the head of the delegation, Marie Brasholt (Denmark), Maria Andrea Casamento (Argentina), Juan Pablo Vegas (Perú), as well as two members of the secretariat and two security officials.

ENDS

*Due to road blocks at the time of the visit, the SPT delegation only conducted visits within the Department of Guatemala, which is one of the 22 administrative departments in the country.