94 315. The State explained that the National Institute of Public Administration (INAP) exists to provide education, training and refresher courses for public servants. The State also indicated that it has the Training Unit of the Public Prosecutor’s Office (UNICAP) and the School of Judicial Studies specifically for the purpose of capacity building in the judicial system. It described the various courses imparted by UNICAP between 2010 and 2014, particularly on racial, ethnic and gender discrimination, as well as litigation strategies in cases of internal armed conflict and introduction to human rights, among others. It also referred to the different levels of training offered within the School of Judicial Studies, including diploma courses on femicide and other forms of violence against women. 316. In the instant case, the Court identified various failures of due diligence and effectiveness in the investigation of the facts that have allowed these crimes to remain unpunished, within a context of generalized impunity for serious human rights violations committed during the internal armed conflict (supra paras. 262 to 265). The Court appreciates the measures described by the State to train members of the Public Prosecutor’s Office and the judiciary; however, it notes that the State did not provide documentation to establish the scope, suitability and duration of the training courses and programs indicated, in order to strengthen the investigation of serious human rights violations, particularly those committed during the armed conflict. 367 In particular, the Court notes that the State did not mention any such training for members of the judiciary. 317. In its Order on Monitoring Compliance with Judgment regarding 12 Guatemalan Cases, of November 24, 2015, 368 the Court noted that a report of the Public Prosecutor’s Office of May 2014 stated that the Unit for Special Cases of the Internal Armed Conflict “does not have a special budget allocation for hiring sufficient personnel or other resources to carry out the work that […] represents the more than 3,500 cases under its responsibility, which also include multiple victims and are particularly complex.” The report also identified various “structural problems” in the fulfillment of the obligation to investigate, prosecute and, where applicable, punish those responsible for the serious human rights violations that occurred in Guatemala, in relation to the cases analyzed in said Order. It also stated that “it provided its officials with training in human rights, including courses on international human rights instruments, international humanitarian law, as well as the study of the judgments handed down by the Inter-American Court of Human Rights against [...] Guatemala and many others that were considered important. All of this has been incorporated into the permanent training curriculum of the prosecutorial career.” 318. This Court has already ordered the State to ensure that the different organs of the justice system involved in the case must have the necessary human resources to perform their tasks adequately, independently and impartially (supra para. 285. d). Therefore, in light of the foregoing, the Court considers it necessary that the training institutions for members of the judiciary and the Public Prosecutor’s Office design and implement, in the permanent curricula of the judicial and prosecutorial careers, respectively, education programs on human rights and international humanitarian law, if they do not already exist. These programs must include the requirement to eradicate racial and ethnic discrimination, racial and ethnic stereotypes, and violence against indigenous peoples, in accordance with international standards on the matter and the Court's jurisprudence on serious human rights violations and access to justice for the victims, particularly in Guatemalan cases, and must be implemented within one year of notification of this judgment. D.4.3. Education program on non-discrimination 319. The Commission made a general request that the Court take the necessary measures to prevent similar facts from occurring in the future and to protect and guarantee the human rights The Court notes that the link to the website “training.mp.gob.gt”, cited by the State, is not enabled. Moreover, the State did not submit the document “Work Report OJ 2012-2013” that was also cited. 368 12 Guatemalan cases, Monitoring Compliance with Judgment, considering paragraphs 32, 168 and footnote 183. 367

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