Citing jurisprudence of European Human Rights Court and international agreements, Inter-American Court of Human Rights finds that Guatemala has violated several articles of Inter-American Convention by failing to prosecute local police for murders of "street children"


Citing jurisprudence of European Human Rights Court and international agreements, Inter-American Court of Human Rights finds that Guatemala has violated several articles of Inter-American Convention by failing to prosecute local police for murders of "street children"

On December 3, 1999, the Inter-American Court of Human Rights published a decision that Guatemalan police had a part in the killing of four youngsters and another young man, all of whom were living in the streets of Guatemala City. Guatemala is one of 20 countries that recognize the jurisdiction of this Court. The Court found that Guatemala had failed to protect the victims' rights and to provide them justice under international law. [Editors' Note: this is the first case before that Court involving the rights of minors.]

On September 15, 1994, two Guatemalan human rights organizations, the "Centro por la Justicia y el Derecho Internacional" (CEJIL) and the "Casa Alianza" notified the Inter-American Commission on Human Rights about the violations of human rights directed against young people living in the streets of Guatemala ("ninos de la calle"). The complaint alleged the governmental abduction, torture and murder of the above-mentioned young people of whom three were minors. It also claimed that the government failed adequately to look into these events, and to make civil remedies available to the victims' families. [Editors' Note: As reported in the Washington Post, see Citation below, an estimated 40 million children live in the streets of Latin America. According to human rights activists, some Governments occasionally condone or even promote killing sprees against street people.]

Residents had found the mutilated bodies of the four victims on the outskirts of Guatemala City in 1990. Several witnesses had implicated two Guatemalan police officers. The criminal investigation resulted in a prosecution but the lower courts dismissed it for lack of convincing evidence. The Criminal Branch of the Guatemalan Supreme Court of Justice (Camara Penal de la Corte Suprema de Justicia de Guatemala) ultimately affirmed the dismissal on procedural grounds and for lack of evidence.

The case finally came before the Inter-American Commission on Human Rights for an investigation. On January 30, 1997, the Commission filed a complaint with the Court under the Convention alleging that Guatemala had violated several provisions. These included Article 1 (respect for rights), Article 4 (right to life), Article 5 (right to personal integrity), Article 7 (right to personal liberty), Article 8 (judicial guarantees), Article 19 (childrens' rights), and Article 25 (judicial protection).

The Human Rights Court holds that Guatemala had violated the Convention. Six judges of the Court write an opinion that builds on the jurisprudence of other international tribunals and agreements, including interpretations of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 [312 U.N.T.S. 221] (ECHR) plus the International Covenant on Civil and Political Rights of 1966 [999 U.N.T.S. 171] (ICCPR). In its opinion, the Court describes in detail the supporting documentary evidence and testimony. For example, the mother of Henry Giovanni Contreras, one of the victims, testified that Henry lived mostly in the streets of Guatemala City. He was consuming drugs and alcohol, having been arrested several times. His mother finally found out that police officers had taken him away. Though his corpse later turned up, administrative obstacles stymied her efforts to claim the body. Moreover, she received an anonymous threatening letter.

Bruce Harris, the Regional Director of Casa Alianza, recounted the hazards of investigating the murders. Even though the photographs of the dead bodies showed clear signs of torture, the Guatemalan authorities did not take serious action. Furthermore, one day someone riddled the Alianza's building with bullets. Finally, three Alianza co-workers later had to flee Guatemala under threats of harm. Harris testified that the organization had 392 pending cases of offenses committed against street children. Although 50 or about 13% were homicides, less than five percent of the total ever got into the local courts.

Here, Guatemala did not directly contest either the allegations or the evidence before the Human Rights court. Based on the evidence presented by the witnesses, the Court finds that Guatemala has in fact violated Articles 4, 5, 7, 8, 19, and 25.

As for Article 4 (right to life), the Court cites the U.N. Committee on Human Rights (a creation of the ICCPR, above) as declaring that the State must prevent and punish killings by government forces. The Court also notes that the European Court of Human Rights has recognized a presumption that the government must be accountable for the abuse that a person suffers while in government custody. See ECHR Article 5 (Right to Liberty and Security)

In applying Article 7 on the right to liberty and personal safety, the Court again refers to the jurisprudence of the European Human Rights Court. That Court has emphasized that a government's failure to publish a person's arrest completely ignores these rights.

Moreover, the Court finds Article 19 on the special rights of children applicable here. It further notes that there is a very comprehensive corpus juris for the international protection of children that exemplifies the scope of this Article.

In addition, the Court applies the Inter-American Convention to Prevent and Punish Torture of December 9, 1985 [25 I.L.M. 519 (1986)]. It concludes that Guatemala has violated Articles 1 (governments must prevent and punish torture), 6 (governments must establish effective measures against torture), and 8 (investigations of torture are mandatory). Guatemala had not addressed these issues in its final pleadings.

Two judges delivered a concurring opinion, noting that the right to life can already be considered jus cogens. With this opinion, as well as another one issued in 1999, the Court has held that courts must interpret an international protective agreement according to the development of society. This evolutionary interpretation has decisively advanced the cause of international human rights. In the interpretation of human rights law, it is very difficult to separate juridical considerations from moral considerations. It is therefore within a system of higher values, the Concurring judges argue, that we search for the meaning and destiny of each human being. It is now up to Guatemala to investigate the murders and to punish those responsible for the miscarriages of justice.

Citation: Corte Interamericana de Derechos Humanos [Inter-American Court of Human Rights, Costa Rica], Caso Villagran Morales y Otros, Sentencia de 19 de noviembre 1999. [The decision is available in Spanish from the press department of the Court, E-mail: infocidh@sol.racsa.co.cr. See also Washington Post (December 5, 1999), page A-42.]
 



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