D. Measures on non-repetition
a) Adopt legislation to adequately define the crime of torture
243. Given the partial acknowledgment of international responsibility made by the State, in
the sense that article 201 bis of the Criminal Code, which states that the classification of
torture has not yet been adapted to international human rights standards and that in the
judgment in the case of Ruiz Fuentes et al. v. Guatemala, in paragraph 225, it was ordered,
as a guarantee of non-repetition, that the definition of the crime of torture contained in article
201 bis of the current Penal Code be adapted within a reasonable time to the standards
international human rights. Therefore, the Court considers that it is not necessary to reiterate
to Guatemala measures of reparation regarding the adaptation of its provisions of domestic
law to the American Convention in this regard, since compliance with said measure will be
analyzed by the Court in the supervision stage of the corresponding compliance of said case.
b) Prohibit the adoption of regressive legislation on the death penalty
244. On this point, in paragraph 151 of this judgment, the Court referred to the clearly
restrictive regime of the death penalty established in Article 4 of the American Convention and
to the abolitionist trend contained in the Protocol to the American Convention on Human Rights
relating to the abolition of the death penalty, also prevailing in the universal system, for which
it refers to previous indications.
c) Include training courses on the prohibition of torture for the police and officers in the
criminal system
245. The representatives asked the Court to order the State to include a series of
measures in the training of security agents and authorities in charge of crime investigation
and training programs. The Commission did not specifically comment on these requests. The
State alleged that it has carried out an update in the PNC School Studies program that includes
extensive training on human rights issues and, in particular, regarding the prevention of
torture and extrajudicial executions.
246. In this regard, a similar measure has been ordered in the judgment of the Court in the
case of Ruiz Fuentes et al. v. Guatemala, in paragraph 228, that the State must include, in
the training courses for the members of the police and security agencies, specific training and
permanent courses on the absolute prohibition of torture. Therefore, the Court considers that
it is not necessary to reiterate such a training measure to Guatemala, since compliance with
said measure will be analyzed by the Court in the corresponding compliance monitoring stage
of said case.
E. Other measures
247. The representatives also requested that the Court order Guatemala the following
measures of non-repetition: (a) adopt legislative measures to ensure access to an adequate
remedy of appeal; (b) adopt measures to guarantee adequate judicial control, which
guarantees respect for the judicial guarantees of the accused persons; (c) adopt measures to
implement General Instruction 13-2008 of the Public Prosecutor; (d) create a control system,
which will serve as external police control bodies for the PNC; (e) implement a process of
restructuring and a purge of the PNC; (f) carry out education and training processes to regulate
the proper use of force by those in charge of security, and (g) grant a scholarship to the three
children of Tirso Román Valenzuela.
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