CAT/C/GTM/CO/5-6
(b)
The adoption of the Act on Femicide and Other Forms of Violence against
Women (Legislative Decree No. 22-2008);
(c)
The adoption of the Act on Criminal Jurisdiction in High-risk Trials
(Legislative Decree No. 21-2009), as amended by Legislative Decree No. 35-2009;
(d)
The adoption of the Act on Strengthening the Criminal Prosecution System
(Legislative Decree No. 17-2009);
(e)
The adoption of the Act against Sexual Violence, Exploitation and
Trafficking in Persons (Legislative Decree No. 9-2009).
6.
The Committee also welcomes the State party’s efforts to modify its policies and
procedures so as to afford greater protection for human rights and to apply the Convention,
particularly:
(a)
The establishment in 2008 of the Unit for the Analysis of Attacks on Human
Rights Defenders, and the decision to renew its mandate in 2012;
(b)
The signing, on 12 December 2006, of the agreement between the State party
and the United Nations on the establishment of the International Commission against
Impunity in Guatemala, and the subsequent ratification of the agreement by Congress
(Legislative Decree No. 35-2007);
(c)
The establishment of rota criminal courts.
7.
The Committee notes with satisfaction that the State party has extended a standing
invitation to all special procedures mandate-holders of the Human Rights Council to visit
the country. In this connection, the Committee notes that the State party has agreed to the
request for a visit by the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment and encourages it to take the necessary steps to enable
the visit to go ahead in 2013.
C.
Principal subjects of concern and recommendations
Definition and offence of torture
8.
The Committee notes with concern that the definition of the offence of torture set
out in the State party’s Criminal Code has not yet been brought into line with the provisions
of the Convention in spite of the Committee's previous recommendations and
Constitutional Court resolution 18-22 of 17 July 2012. In this respect, it notes that the State
party intends to adjust its legislation as indicated by the delegation during the dialogue with
the Committee (arts. 1 and 4).
The Committee reiterates its previous recommendation (CAT/C/GTM/CO/4, para. 10)
and urges the State party to amend, as a matter of priority, the relevant provisions of
the Criminal Code, particularly articles 201 bis and 425, in order to legally define
torture in accordance with article 1 of the Convention, and criminalize it in
accordance with article 4, paragraph 2, of the Convention. The Committee also
recommends that the State party ensure that acts of torture are not subject to any
statute of limitations.
Allegations of torture and ill-treatment
9.
The Committee is concerned at reports of the use of police violence, including illtreatment, when a person is arrested and before they are brought before the competent
judicial authority. The Committee also regrets that no specific record is kept of complaints
of torture and ill-treatment (arts. 2, 12, 13 and 14).
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