AI Index: AMR 34/076/2002
(Public)
News Service No: 216
Embargo Date: 27 November 2002 01:00 GMT
Guatemala: Justice without fear
Seeking justice for human rights abuses can be a life-threatening pursuit
in Guatemala, Amnesty International said today, as the organization's
International Legal Network, made up of approximately 5000 lawyers and other
legal professionals from over 40 countries began a long term action in support
of members of Guatemala's legal community.
"It is all too common for Guatemalan judges, lawyers and prosecutors to face
threats, intimidation and attacks," the organization added. "Those engaged
in investigating and prosecuting cases of human rights violations or supporting
those who are pressing for implementation of the Peace Accords are at particular
risk."
In recent years, numerous legal professionals working on human rights cases
have been killed, while others have been forced to flee the country in fear
for their lives.
For example, efforts to bring to justice those responsible for the 1998
killing of Bishop Juan José Gerardi have resulted in a number of those
associated with the case, including a judge and three state prosecutors being
forced to seek refuge abroad with their families. Dozens of others involved
in the case reported serious intimidation and another dozen also fled the
country. Several witnesses who stayed paid with their lives.
Harassment can also take the form of legal action and short-term imprisonment,
as experienced by Luz Margoth Tuy, from the Auxiliary Human Rights Procurator's
Office in Sololá, who had legal proceedings initiated against her
in an apparent reprisal for her role in the investigation of the October
2000 killing of a land rights demonstrator and her involvement in efforts
to mediate in local land disputes.
"It is unacceptable that members of the Guatemalan legal community should
have to work in fear. Such a situation is not only a threat to those professionals
but to the whole rule of law in Guatemala," a representative of the International
Legal Network said. "We hope that by showing support for our fellow professionals
in Guatemala and by exerting international pressure we can contribute to
ensuring greater protection and respect for them, so that they can work effectively
and safely, including to promote human rights."
The International Legal Network will be contacting members of the legal
community in all regions of Guatemala to develop contacts and to determine
their needs and concerns. The Network will gather information about the existing
system for the protection of members of the legal community at risk -- including
the work of the new Special Prosecutor for crimes against justice operators
and the Supreme Court Committee for threats against the judiciary -- and
will make recommendations for a more effective system, including ensuring
that adequate resources are provided to protection and investigation mechanisms.
Improving the protection provided to judges, prosecutors and lawyers --
including by ensuring that personnel allocated to the task are adequately
trained and paid -- is an immediate necessity. However, this is not enough
in itself.
"Ensuring that all incidents are investigated thoroughly and that those responsible
are brought to justice is the one critical measure that will put an
end to this climate of intimidation," Amnesty International said.
"For too long the gross human rights violations committed in Guatemala --
including genocide, mass unlawful killings and 'disappearances'-- have
been shrouded in impunity. This has sent a message to those responsible that
they are effectively untouchable and can get away with silencing anyone trying
to shed light on past abuses," the organization added, stressing that the
widespread impunity for past abuses has been a major factor in the wave of
new abuses currently sweeping Guatemala.
"Truth, justice and accountability are the cornerstones on which Guatemalan
society can be rebuilt after the horrors of the conflict, and those working
to achieve these goals must be allowed to do so without fear," Amnesty International
concluded.
Public Document
****************************************
For more information please call Amnesty International's press office in
London, UK, on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW. web: http://www.amnesty.org
For latest human rights news view http://news.amnesty.org
Top of Page