94
315. The State explained that the National Institute of Public Administration (INAP) exists to
provide education, training and refresher courses for public servants. The State also indicated
that it has the Training Unit of the Public Prosecutor’s Office (UNICAP) and the School of Judicial
Studies specifically for the purpose of capacity building in the judicial system. It described the
various courses imparted by UNICAP between 2010 and 2014, particularly on racial, ethnic and
gender discrimination, as well as litigation strategies in cases of internal armed conflict and
introduction to human rights, among others. It also referred to the different levels of training
offered within the School of Judicial Studies, including diploma courses on femicide and other
forms of violence against women.
316. In the instant case, the Court identified various failures of due diligence and effectiveness
in the investigation of the facts that have allowed these crimes to remain unpunished, within a
context of generalized impunity for serious human rights violations committed during the internal
armed conflict (supra paras. 262 to 265). The Court appreciates the measures described by the
State to train members of the Public Prosecutor’s Office and the judiciary; however, it notes that
the State did not provide documentation to establish the scope, suitability and duration of the
training courses and programs indicated, in order to strengthen the investigation of serious
human rights violations, particularly those committed during the armed conflict. 367 In particular,
the Court notes that the State did not mention any such training for members of the judiciary.
317. In its Order on Monitoring Compliance with Judgment regarding 12 Guatemalan Cases, of
November 24, 2015, 368 the Court noted that a report of the Public Prosecutor’s Office of May 2014
stated that the Unit for Special Cases of the Internal Armed Conflict “does not have a special
budget allocation for hiring sufficient personnel or other resources to carry out the work that […]
represents the more than 3,500 cases under its responsibility, which also include multiple victims
and are particularly complex.” The report also identified various “structural problems” in the
fulfillment of the obligation to investigate, prosecute and, where applicable, punish those
responsible for the serious human rights violations that occurred in Guatemala, in relation to the
cases analyzed in said Order. It also stated that “it provided its officials with training in human
rights, including courses on international human rights instruments, international humanitarian
law, as well as the study of the judgments handed down by the Inter-American Court of Human
Rights against [...] Guatemala and many others that were considered important. All of this has
been incorporated into the permanent training curriculum of the prosecutorial career.”
318. This Court has already ordered the State to ensure that the different organs of the justice
system involved in the case must have the necessary human resources to perform their tasks
adequately, independently and impartially (supra para. 285. d). Therefore, in light of the
foregoing, the Court considers it necessary that the training institutions for members of the
judiciary and the Public Prosecutor’s Office design and implement, in the permanent curricula of
the judicial and prosecutorial careers, respectively, education programs on human rights and
international humanitarian law, if they do not already exist. These programs must include the
requirement to eradicate racial and ethnic discrimination, racial and ethnic stereotypes, and
violence against indigenous peoples, in accordance with international standards on the matter
and the Court's jurisprudence on serious human rights violations and access to justice for the
victims, particularly in Guatemalan cases, and must be implemented within one year of
notification of this judgment.
D.4.3. Education program on non-discrimination
319. The Commission made a general request that the Court take the necessary measures to
prevent similar facts from occurring in the future and to protect and guarantee the human rights
The Court notes that the link to the website “training.mp.gob.gt”, cited by the State, is not enabled. Moreover, the
State did not submit the document “Work Report OJ 2012-2013” that was also cited.
368
12 Guatemalan cases, Monitoring Compliance with Judgment, considering paragraphs 32, 168 and footnote 183.
367