b) In 2002, the Special Representative of the United Nations Secretary-General on the situation of Human Rights Defenders, Hina Jilani, issued a report on her mission to Guatemala, in which she observed “an increase in attacks against human rights defenders” in 2000-2002, and indicated that these attacks included “death threats, acts of intimidation, violations of physical integrity (including beatings and adductions) and violations of the right to life, which sometimes were linked to “specific political and other events.” She agreed with the Commission regarding the main targets of the attacks, and regarding the perpetrators of those violations, who were “notably […] members of the police forces and the military, which continues to perform tasks that go beyond those performed by that institution in a democratic society, as well as clandestine groups linked to the security forces.” Ms. Jilani also agreed that there was “an obvious link between impunity and the precarious situation of human rights defenders in the country” and concluded that there was “decline in the commitment of the Government to pursue the goals set by the Comprehensive Agreement on Human Rights and the human rights components of the peace agreements.” 74 c) In its Final Report of November 15, 2004, the United Nations Verification Mission in Guatemala (hereinafter “MINUGUA” or “the Mission”), reported that, between 1994 and 2004, it “[received] constant complaints about violations of the right to integrity, in the form of death threats and other threats against human rights defenders.” These attacks targeted “official institutions such as the Human Rights Ombudsman”, but “the most frequent attacks” were reported against “non-governmental human rights organizations.” Finally, it emphasized that, “[d]espite the obvious difficulty involved in investigating clandestine organizations, the Mission” had managed to “confirm the involvement of these illegal groups in threats and intimidation against human rights defenders, in violation of their right to life, and even in actions intended to obstruct justice.” It concluded that the clandestine groups had “broad logistical support” that enabled them, among other things, “to use State resources […].” 75 d) In their reports of 2003 and 2004, the Human Rights Defenders Protection Unit of the National Movement for Human Rights and the Coalition for the CICIACS, reported an increase in human rights violations during the three years prior to 2003. The reports stressed that the situation of those defending the right to defend rights had deteriorated, particularly those fighting for truth, justice and the recovery of the historical memory. As to the perpetrators of these acts, the Protection Unit had been able to “identify elements typical of military intelligence operations.” It warned that, “if the current situation of impunity continues”, this clear trend “cannot be reversed.” 76 According to the 2004 report, “the most attacked groups are defenders working on 74 Cf. United Nations Human Rights Commission. Report presented by Ms. Hina Jilani, Special Representative of the Secretary-General on the situation of Human Rights Defenders, pursuant to Resolution 2000/61 of the Human Rights Commission. Addendum, Mission to Guatemala. E/CN.4/2003/104/Add.2 (Merits file, pages 794, 807, 812 and 813). In her follow-up report in 2009 (United Nations Human Rights Commission. Report of Hina Jilani, Special Representative of the Secretary-General on the situation of human rights defenders. Addendum, Mission to Guatemala. A/HRC/10/2/Add. 3 (Merits file, pages 860, 865, 867, 870 and 871), Ms. Jilani noted that the number of attacks against human rights defenders had doubled “in the last five years, with an average of one attack against defenders every two days.” She reported a growing tendency to criminalize human rights defenders, and emphasized the “ongoing stigmatization and criminalization of human rights defenders by some sectors of the political establishment and the media,” which made defenders “more vulnerable to attacks.” Impunity remained the general rule for such actions. However, she mentioned some progress: the Public Policy for the Prevention and Protection of Human Rights Defenders, Procedural Subjects, Journalists and Social Communicators, prepared by the Presidential Commission for the Coordination of Human Rights Policies (hereinafter, “COPREDEH”); the creation of the Human Rights Unit of the Criminal Investigation Division of the National Civil Police, and the Body for the Analysis of Attacks against Human Rights Defenders in Guatemala. She described the Office of the Human Rights Ombudsman as “a reference for Guatemalan civil society and other institutions” and said it was at the forefront of efforts to defend the right to the truth and the struggle against the structural causes of impunity. As a result, both the staff of the Ombudsman’s Office and the Ombudsman himself were “often victims of attacks and threats.” Finally, she mentioned the Human Rights Prosecutor, who “[is] in charge of investigating crimes against human rights defenders.” The parties did not provide the Court with information on the results of the State initiatives mentioned. 75 Cf. MINUGUA. Final Report, Consultancy on Human Rights, United Nations Verification Mission in Guatemala, 15 November 2004, paras. 31, 34 and para. 81. Available at: http://www.rightshumanos.net/lesahumanidad/reports/guatemala/Report-Final-Minugua.pdf. 76 Cf. The Face of Terror. Analysis of attacks against Human Rights Defenders in 2000-2003, Defenders Protection Unit– National Movement for Human Rights (File of attachments to pleadings and motions brief, page 2459). 23

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