Human Rights Committee
104th session
New York, 12–30 March 2012
Consideration of reports submitted by States parties under article 40 of the Covenant
Concluding observations of the Human Rights Committee
Guatemala
1.The Human Rights Committee considered the third periodic report of Guatemala (CCPR/C/GTM/3) at its 2874th and 2875th meetings (CCPR/C/SR.2874 and 2875), held on 19 and 20 March 2012. The Committee adopted the following concluding observations at its 2887th and 2888th meetings (CCPR/C/SR.2887 and 2888), held on 28 March 2012.
A.Introduction
2.The Committee welcomes the third periodic report of Guatemala and the information contained therein. It expresses its appreciation for the opportunity to renew its constructive dialogue with the delegation on the measures adopted by the State party during the reporting period to apply the provisions of the Covenant. The Committee thanks the State party for its written replies (CCPR/C/GTM/Q/3/Add.1) to the list of issues (CCPR/C/GTM/Q/3), which were supplemented by the oral replies provided by the delegation and additional information provided in writing.
B.Positive aspects
3.The Committee welcomes the ratification of the Rome Statute of the International Criminal Court in January 2012.
4.The Committee also welcomes:
(a)The adoption of the Prison System Regime Act and its regulations;
(b)The adoption of the Act against Femicide and Other Forms of Violence against Women (Decree No. 22-2008); and the approval of the Act against Sexual Violence, Exploitation and Trafficking in Persons (Decree No. 9-2009 of the Congress of the Republic of Guatemala);
(c)The signing of the bilateral cooperation agreement between the State of Guatemala and the International Commission against Impunity in Guatemala (CICIG) in order to assist and improve the investigation of human rights violations and organized crime.
C.Principal subjects of concern and recommendations
5.The Committee is concerned at the apparently limited level of awareness of the provisions of the Covenant among the population, legal officials and lawyers, as a result of which there are few cases in which the provisions of the Covenant have been invoked or applied by justice officials (art. 2).
The State party should guarantee full compliance, in the domestic legal system, with the obligations assumed under the Covenant. To that end, the State should raise awareness among judges, legal officials and the general public of the rights set out in the Covenant and their applicability under domestic law. In its next periodic report, the State party should include detailed information on implementation of the Covenant by the national courts.
6.The Committee welcomes the progress in the investigation, prosecution and punishment of genocide and other serious human rights violations committed during the internal armed conflict. Nevertheless, the Committee is concerned at the personal messages issued by high-level representatives of the Executive Power, who are questioning and undermining those efforts, and at the lack of an overall State policy to support the investigation and punishment initiatives that are under way. The Committee also regrets the persistent gaps in the legal authorities’ institutional capacity to perform their duties adequately in all cases (arts. 2 and 14).
The State party should take a clear position in support of the processes initiated by the Public Prosecution Service and the courts in cases of genocide and other serious human rights violations committed during the internal armed conflict. The State part