COMMITTEE AGAINST TORTURE CONCLUDES REPORT OF GUATEMALA

Press Release
HR/4230

COMMITTEE AGAINST TORTURE CONCLUDES REPORT OF GUATEMALA

GENEVA, 16 November (UN Information Service) -- Guatemala was progressing towards democracy and a peaceful society by restructuring its militarized society, the delegation of that country this afternoon told the Committee against Torture.

The Committee heard the responses to questions it had posed this morning relating to the initial report of Guatemala on how it was implementing the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Vicente Arranz Sanz (Guatemala) told the members of the Committee that his country was doing all it could to establish a solid society where the equality of citizens was respected through the promotion of their well-being and their human rights.

Also this afternoon, the Committee gave its conclusions and recommendations regarding the report of Denmark. It expressed concern over the information received from some non-governmental organizations alleging one case of torture and a number of cases of ill-treatment, and the alleged use of fixed leg-locks by the police forces, as well as solitary confinement practised in some places of detention. It recommended that Denmark take strong measures to bring to an end those allegations and to prosecute the persons found guilty of the acts of ill-treatment.

The Committee expressed appreciation for the determination of Denmark to guarantee respect for and protection of human rights. It underlined that Denmark was at the forefront of the development of human rights standards.

Responses by Guatemala

Mr. Sanz (Guatemala), responding to the questions posed by Committee members, said Guatemala was actually living in the militarized past. The armed conflict had allowed the militarization of the society and the army was responsible for the coordination of public affairs. Although the reality was

- 2 - Press Release HR/4230 20 November 1995

that the Guatemalan society was deeply militarized, the measures adopted since the peace negotiation had permitted the transfer of authority to civilians. The restructuring and the transformation of the society was being undertaken.

There were still some disturbing incidents in his country and such cases should be seen in the context of the process of peace, he said. The Government had demonstrated the will to build a better society and for that purpose did not hide any facts existing under its jurisdiction. It had also continued to cooperate and to work together with the Special Representative of the Secretary- General to Guatemala. Furthermore, the situation could only be resolved through constitutional and legislative reforms. The present Constitution was reinforced by the participation of the population in a constitutional referendum. A human rights unit was also created to receive complaints and to act as ombudsman. There would not be institutional violation of human rights as in the past, he affirmed.

Despite some disturbances, he said, Guatemala was actually progressing on an optimistic path to democracy. The 1991 Oslo talks and the subsequent peace negotiation had a direct impact on his country's democratic process. The major framework of the agreement was being assumed by the Government in eradicating any conflict. It was also committed to promoting and protecting human rights by giving guarantees to the citizens. Moreover, the Government was highly aware and was engaged in solving cases of impunity, and in efforts to eradicate poverty, maintain the independence of the judiciary, discard the civil self-defence force and demilitarize the society. Those were part of the agreement reached at the negotiating table. However, problems persisted in implementing agreement requirements because of personnel and budgetary constraints.

The Government was trying its best to bring to light all forms of impunity relating to human right violations, he said. However, there was a lack of coordination between the police, the attorneys and the judiciary. In-depth restructuring of the judiciary and the police was a priority. There were 12,000 policemen for a population of 10 million. There would also be total separation of the police from the army, unlike in the past. Concerning prison system, the Government had serious problems with the excessive number of prisoners compared to the availability of space in prisons. Lack of resources had made it difficult to maintain proper treatment of detainees.

He said violence was mainly perpetrated by armed men. Thus the Government was planning to launch a disarmament campaign as soon as possible, which would reduce the incidence of violence to a minimum. The arms distribution and coordination tasks would also be transferred to civilians. The Government was facilitating the return and resettlement of refugees. Their security was also guaranteed. So far, 5,000 of them had been repatriated from Mexico.

Federico Urreula Prado (Guatemala) told the Committee that there was ample opportunity and time for peace to prevail in Guatemala. The definition of torture was already in the country's legislation. Its provisions included a 20- to 30-year imprisonment against offenders.

* *** *