who have handed down "exemplary judgments (...) risk their jobs and even their life."4 The IACHR maintained that the judiciary in Guatemala "faced numerous internal difficulties and threats from outside” when it came to "achieving due process and punishment of State agents responsible for violations."5 42. Subsequently, in its 2001 Report on the Situation of Human Rights in Guatemala, the Commission described the "widespread threats and attacks against judges in order to influence judicial proceedings" as one of the most serious problems for the administration of justice."6 It maintained that judges at all levels had complained of threats and security issues."7 It added that "the acts of intimidation range from death threats and other threats (...) to harassment, assault, the sending of packages containing bombs, and, in the most extreme cases murder."8 43. The Commission concluded that "the severity of this problem is exacerbated and perpetuated by the lack of an effective response by the State." 9 Accordingly, it explained that that lack of a response by the State "means that the State did not protect the individuals at risk; nor did it investigate where the intimidation was coming from; nor did it try and punish those responsible. 10 44. In its concluding observations on Guatemala in 1996, the United Nations Human Rights Committee had the following to say: The Committee notes with concern that members of various social sectors, particularly members of the judiciary, lawyers (...) are subject to intimidation, death threats and even murder, thus facing serious obstacles in the legitimate performance of their duties. The Committee deplores that effective measures have not yet been taken to prevent the recurrence of such acts.11 45. That concern was reiterated by the same Committee in its concluding observations on Guatemala in 2001.12. The Committee added that Guatemala "must adopt all necessary -- prevention and protection -- measures to ensure that members of various social sectors, particularly members of the judiciary, lawyers (...) may perform their duties without any kind of intimidation."13 46. Furthermore, the Special Rapporteur at the time on the independence of judges and layers pointed out in his January 2000 report that in Guatemala, in matters relating to human rights violations, “Judges have been the victims of threat, act of intimidation, and harassment."14 Given that situation, the Rapporteur maintained that the State, "adducing lack of financial resources, has not provided protection for 4 IACHR, Fourth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.83 Doc. 16, June 1, 1993, Conclusions. IACHR, Fourth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.83 Doc. 16, June 1, 1993, Chapter II: Legal and Institutional Guarantees. 5 6 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.111 Doc. 21 rev. April 6, 2001, par. 47. 7 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.111 Doc. 21 rev. April 6, 2001, par. 50. 8 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.111 Doc. 21 rev. April 6, 2001, par. 50. 9 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.111 Doc. 21 rev. April 6, 2001, par. 47. 10 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.111 Doc. 21 rev. April 6, 2001, par. 52. United Nations, Human Right Committee, Concluding Observations, Guatemala, April 3, 1996, par. 18. Available at: http://www.refworld.org/docid/3ae6b0290.html 11 12 United Nations, Human Right Committee, Concluding Observations, Guatemala, Saturday, August 27, 2011, par. 21. 13 United Nations, Human Right Committee, Concluding Observations, Guatemala, Saturday, August 27, 2011, par. 21. U.N., Report of the Special Rapporteur on the independence of judges and lawyers, Mr. Param Coomaraswamy, Guatemala. January 6, 2000, par. 35. 14 7