12
c) “Executive Decision 64-2007 on the Withdrawal of the Reservations to the
Vienna Convention in relation to Articles 11 and 12;”
d) “Decree 31-2007 of the Congress of Guatemala”, ratifying “the Convention on
Protection of Children and Co-operation in respect of Inter-country Adoption;”
e) the creation of the “National Reparations Program” designed to provide
“individual and collective redress to the civilian victims of human rights
violations and crimes against humanity committed during the internal armed
conflict [...]. Such redress includes dignified treatment of victims, cultural
redress, psychosocial treatment and rehabilitation, restitution and economic
redress.”
f) the enactment of the “Law against Feminicide and Other Forms of Violence
against Women;”
g) the enactment of the “Access to Public Information Law;”
h) “Decree 53-2007,” ratifying the “Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;”
i)
“Decision 948-99,” “creating the Guatemalan Commission for the Application of
International Humanitarian Law” (COGUADIH), which “drafted a bill to amend
the Criminal Code in order to include gross violations of international
humanitarian law.” Said bill is under review by the relevant committee of the
Congress of Guatemala;”
j)
the “Organized Crime Control Law,” modeled on the United Nations Convention
against Transnational Organized Crime, and
k) the ratification of a “Protocol Additional to the Geneva Conventions.”
39.
That the State also mentioned “some initiatives that have been submitted and
are under review” such as the Committee on the Search for Victims of Enforced
Disappearance and Other Forms of Disappearance. The State added that “in relation to
the witnesses that are at risk” “decree 70-96” was passed “creating the Law on the
Protection of Persons Participating in Criminal Proceedings and Persons engaged in the
Administration of Criminal Justice, which seeks to provide protection to officers and
employees of the Attorney General’s Office, as well as to lay and expert witnesses,
consultants, complainants and other persons that are at risk due to their participation
in criminal proceedings.” In addition, “an office for the protection of persons
participating in criminal proceedings that operates under the Attorney General’s Office”
was created, in which “the Ministry of the Interior is also participating.”
40.
That the representatives considered that “the Court should define the
framework for compliance with this obligation, particularly, in order to allow follow-up,
and [that] the aspects to be taken into account should be related to the case.” They
stated that, in order to conduct and effective investigation, there should be “a law to
ensure witness protection” and “court officers’ safety” and, in relation to the access to
information law, “it should allow access to confidential files kept by security forces.” In
particular, it should be required that “the authorities [provide] the information
contained in the military and police files pertaining to the Bámaca-Velásquez case.”
They added that it was necessary “to enact legislation in order to properly implement
the decisions of the [Inter-American] System.”