c.2
Guarantees of non-repetition
208. The Commission asked the Court, given that Mr. Ruiz Fuentes was unable to obtain a
comprehensive review of his first instance judgment, to order the State to amend the remedy of
appeal so that it complied with the standard of comprehensive reparation.
209. Regarding the legal framework regulating the death penalty, the Commission asked that the
State of Guatemala adopt all necessary legislative, administrative and other measures to ensure that
domestic legislation was consistent with its current practice [of not imposing the death penalty] and
thus advance towards the abolition of the death penalty. It also asked the Court, pursuant to Article
4(2) of the Convention, to establish that the State was absolutely prohibited from re-establishing the
death penalty in the future, taking into account the current situation.
210. With regard to the prohibition of torture, the Commission considered that the State must adopt
administrative and other measures aimed at training law enforcement agents on the absolute
prohibition of torture, and also conduct training on the use of force in keeping with international
standards in the context of operations to capture persons deprived of liberty who have escaped from
detention centers.
211. The representatives agreed with the requests made by the Commission. In addition, they
asked the Court to order the State of Guatemala to amend its legislation on torture; thus, it should
amend articles 201 bis and 425 of the Criminal Code in order to bring the criminal definition of torture
into line with the relevant international standards.
212. The representatives also asked that the State implement a structural reform of the police
institution so that the personnel selection procedures, the education and training processes for police
officers, the structure, composition and operation of the institution, and also the internal organization
and strict control of its activities, and the disciplinary regime applicable in relation to human rights
violations committed by police officers, complied with international public safety standards and
respect for policing functions. They also indicated that it was necessary to carry out a purge of the
current personnel of the PNC and that officers who had been involved in the perpetration of serious
offenses and misdemeanors and, in particular, those who had been involved in serious human rights
violations should be removed from their functions.
213. Regarding proper judicial control, the representatives asked the Court to order the State to
adopt measures to guarantee respect for the judicial guarantees of defendants and satisfactory action
by defense lawyers.
214. In relation to the adoption of legislative measures to ensure access to an appropriate remedy
of appeal, the State indicated that, although a formal requirement existed that appellate judgments
should not rule on the assessment of the evidence in particular, the possibility exists for the higher
courts to examine the way in which the evidence was analyzed and whether the rules of sound judicial
criteria were respected in its assessment.
215. With regard to the legal framework regulating the death penalty, the State indicated that it had
made every effort to avoid the application of this punishment, by implementing the mechanism of
commutation to imprisonment, and the Commission had acknowledged that effort in Merits Report
No. 94/17. Consequently, the respective measure of reparation should be declared unnecessary.
216. Regarding the prohibition of torture, the State indicated that the crime of torture was regulated
in its domestic laws and, therefore, as soon as the body responsible for criminal prosecution was
made aware of the perpetration of a crime, it activated its action protocol, ex officio.
217. On the matter of the reform and strengthening of the PNC, the State indicated that, for some
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