Impunity Watch

Impunity Watch Report Recognising the past: challenges for combatting impunity in Guatemala Key findings and conclusions

Structure • • • •

Right to truth Right to justice Right to reparations Guarantees of non-repetition UN Principles on the Promotion and Protection of Human Rights via the Combat of Impunity

Truth • Historical Clarification Commission Report 1999 – Indepth study of human rights violations committed and root causes – Failure of state to recognize and widely distribute

• Search for victims of forced disappearance – Civil society driven, exhumations – Legislative proposal to create national search commission currently before Congress

• Access to archives – Defense Ministry refuses access to investigators and public – “National Security”

Justice • Advances: legal framework for prosecutions • Overwhelming impunity for cases of grave human rights violations committed during conflict

Justice • Factors contributing to impunity: – Lack of political will across all key justice institutions; direct interference in investigations to prevent progress – Lack of resources: Human Rights Division of Public Prosecutor’s Office small and underresourced (>1% overall budget)

Justice – Abuse of legal processes to delay and obstruct justice: constitutional Amparo action. – Limited judicial independence: • Political manipulation of appointments • Constant intimidations, threats and attacks against judges

Justice • Persistence of racism in the justice system • Lack of efficient mechanisms for the supervision and evaluation of justice operators • Inadequate witness protection programme

Justice • Lack of confidence in judicial system: reluctance to cooperate • Limited litigation capacity within civil society

Reparations • National Reparations Programme (PNR) created 2003 • Progress with financial compensation of victims • Failure to implement holistic reparations

Reparations • Weaknesses: – Institutional nature of programme • Draft Reparations Law before Congress

– Mecanisms for civil society participation

Reparations – Constant staff changes – loss of skill base – Bureaucratic proceses – burden of proof placed on victims – Lack of articulation with other state institutions with transitional justice responsabilities

Non-repetition • De-mobilizaton of armed groups involved in serious international crimes • Vetting of state institutions • Vetting of candidates for public office