COMMITTEE AGAINST TORTURE TAKES UP GUATEMALA REPORT
Press Release
HR/4229
COMMITTEE AGAINST TORTURE TAKES UP GUATEMALA REPORT
19951120 GENEVA, 16 November (UN Information service) -- Torture had never in the history of mankind solved political problems, nor been able to combat terrorism, an expert said this morning when the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment took up the initial report of Guatemala.The Committee also addressed questions of impunity, kidnapping of returnee refugees, solitary confinements, jurisdiction of the army and its courts, independence of the judiciary, threats against non-governmental organizations working in the human rights area, and rehabilitation of victims of torture.
Vincente Arranz Sanz, Chairman of the Presidential Executive Political Coordinating Commission on Human Rights (COPREDEH) headed the delegation of Guatemala. He was accompanied by: Ambassador Federico Urruela Prado, Permanent Mission of Guatemala at Geneva; Dennis Alonzo Mazariegos, Executive Director, COPREDEH; Ricardo Diaz-Duque, Minister Counsellor, and Nelson Rafaiel Olivero, First Secretary, both of the Permanent Mission.
Introduction of Guatemala Report
Mr. ARRANZ SANZ (Guatemala), introducing the report of his Government, said that his country was fully engaged in creating a peaceful environment through the establishment of law and order. Since Guatemala's ratification of the Convention against Torture, a process of eradication of violence against human rights was being undertaken, and legislative and constitutional measures were adopted to that end. The peace negotiation had also been in line with the respect for the provisions inscribed in the Convention.
The peace initiative of the Government and the political stability had allowed the return of refugees, particularly from Mexico, he continued. Significant support and assistance was being provided by international humanitarian organizations to the repatriation and resettlement programmes.
In social and political matters, he said, the population was directly consulted and was invited to participate in constitutional affairs. The new Constitution had put greater emphasis on humanitarian aspects, particularly on the respect and observance of human rights. It further reflected the primary
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role of the individual and the family within the society. Equality, justice and peace were guaranteed by the Constitution. Significant progress was also made by establishing permanent courts to reinforce and safeguard the rights enshrined in the Constitution.
With respect to torture, the Government had expressed its willingness and determination to get rid of it through legislative measures and practical monitoring systems, he went on to say. Any complaints of violation of human rights could be brought before the courts, and victims could receive compensation. Any alleged victims of torture were socially rehabilitated and their perpetrators brought before the courts.
In prisons, he said, minimum compulsory treatment was imposed by the authorities. Prisoners were not subjected to extortion or scientific experiences either to obtain further information or for any other purpose. Article 46 of the Constitution had clearly forbidden the use of torture in any instance. About 18 cases of torture, attributed to private security agents, had been reported so far by non-governmental organizations dealing with human rights.
In order to keep up with the provisions of the Convention, the Government had undertaken measures to provide training to police and army personnel in the human rights field. Any complaints of ill-treatment by police were investigated by independent commission.
Questions by Committee Members
BENT SORENSEN, Committee Rapporteur and expert from Denmark, said torture had never in the history of mankind solved a political problem, nor been able to combat terrorism. He went on to say that out of Guatemala's 10 million population, 80 per cent were living in poverty while 59 per cent of them lived in extreme poverty. The rate of illiteracy was also high. Concerning democratic participation of the population in the latest election, only 18 per cent took part. During the last 30 years, the civil conflict resulted in 36,000 disappearances, 130,000 extra-judicially killed, 1 million displaced and 300,000 became orphans or street children.
Referring to the report, he said the provisions of the Convention were not fully implemented, but according to the authorities no difficulty had arisen in that connection. How did that happen? he asked. What kind of legislative guarantees were provided for refugees returning from abroad so that they would not face torture? Was special human rights education given to medical doctors? Why were street children subjected to torture? Did the Government have the positive will to get rid of torture? What measures were being taken against impunity? Were there suggestions to demilitarize the police?
Other experts also posed similar questions, including the matter of military jurisdiction, the independence of the judiciary vis-à-vis the executive, the threats of death directed against non-governmental organizations working in human rights fields, the kidnapping of returnee refugees and solitary confinements.
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