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