45
D. Other measures requested
173. The Commission requested the creation of permanent programs on human rights
and on international humanitarian law in the Armed Forces schools, as a measure of nonrecurrence. The representative joined that request. In addition, the Commission
requested that the institutional capacity be strengthened to investigate the serious
violations of human rights that occurred during the armed conflict. It also asked for the
adoption of effective mechanisms to confront the threats and harassment to which justice
operators, victims and witnesses have been subjected during these investigations. The
representative asked that the Human Rights Unit of the PPS be strengthened by adding
at least five staff members.
174. The State claimed that, through its Ministry of National Defense, it is complying with
training programs that integrate materials on human rights, international humanitarian
law, the use of force and firearms, for which it has had, since 2015, the support of the
International Committee of the Red Cross to train military personnel in the use of force
and humanitarian principles.218 As to the strengthening of institutional capacity, the State
informed that there is now a mechanism of coordination between the PPS and COPREDEH,
without interfering with the competences and autonomy of each of them, which will allow
special attention to be given to investigations on cases that have been heard by the Court.
It also reported that the PPS has programmed the opening of an “Office of the Prosecutor”
within the Unit of Special Cases of the Internal Armed Conflict. 219 It also claimed that
there is a “Law for the protection of parties to the proceedings and persons involved in
the administration of criminal justice,” which had its own rules. 220
it. It has emphasized “the necessity that [in the relevant cases] the States [collaborate so that a delegation
of the Court might conduct procedures of monitoring in the territory of the State], with the greatest possible
participation of the officials responsible for implementing the reparations and the greatest availability to
assume commitments for their prompt compliance.” The Court has previously stated that ”this type of visit
also permits a direct and immediate communication between the victims and high-ranking officials, so that, at
the same time, the latter commit to adopting specific actions to advance compliance of the measures and that
the victims be heard on the progress and shortcomings that they have identified (Case of the Plan de Sánchez
Massacre v. Guatemala. Monitoring compliance of judgment. Order of the Inter-American Court of May 25,
2017 and Case of the Río Negro Massacres v. Guatemala. Monitoring compliance of judgment. Order of the
Inter-American Court of May 25, 2017, considering paragraph 9).
218
It also claimed that, by means of Governmental Agreement 130-2016, the Internal Organic Rules of the
Ministry of National Defense were issued and which has aspects that should be underscored, such as the
creation of the Directorate of Human Rights and International Humanitarian Law of the Ministry of National
Defense (evidence file, annex 9 to the answering brief, fs. 5463 to 5471). It also indicated that there are
governmental and non-governmental institutions, national and international, for the development of these
programs, such as: Office of the Prosecutor for Human Rights (PDH); Presidential Commission on the
Coordination of Human Rights Policies for the Executive (COfREDEH); Presidential Commission on
Discrimination and Racism against Indigenous Peoples of Guatemala (CODISRA); Secretariat against Sexual
Violence, Exploitation and Trafficking in Persons (SVET); Presidential Secretariat for Women (SEPREM);
National Office for Women (ONAM) and the Human Rights Office of the United States Southern Command. The
State also informed that it had developed post-graduate and diploma and other courses, workshops and
conferences on human rights and international humanitarian law as well as on the use of force and firearms
with the object of strengthening the knowledge, respect and application of those topics in the military personnel
of the Guatemalan Army.” It also informed that on March 23, 2017, it inaugurated a Diploma Course on
Human Rights in the Ministry of National Defense.
219
Guatemala explained that this “Office of the Prosecutor” was designed to reorient the investigations,
observing the general principles of “due diligence” for the investigation of serious violations of human rights
and the standards for the investigations of extrajudicial executions, torture and other cruel, inhumane or
degrading treatment and the forced disappearance of persons. It informed that this Office would be comprised
of six deputy prosecutors and a chief prosecutor.
220
The State explained that this law created a protective service within the PPS with the main purpose of
providing protection to officials and staff of the judiciary, the civilian security forces and the PPS, as well as
the witnesses, experts, consultants, “querellantes adhesivos” and other persons who are exposed to risk for
being involved in criminal proceedings and also for the journalists who require it for being at risk due to their