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ANNUAL REPORT OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS ON THE ACTIVITIES OF THE OFFICE OF THE HIGH COMMISSIONER IN GUATEMALA

ANNUAL REPORT OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS ON THE ACTIVITIES OF HIS OFFICE IN GUATEMALA : NOTE / BY THE SECRETARIAT

The frequent rotation of prosecutors also weakens criminal investigations, as does the absence of a protocol on investigation common to the entire Office. A memorandum of understanding to strengthen information exchange and cooperation between OHCHR-Honduras and the Office of the Attorney General, including through the provision of technical assistance and training, is currently being negotiated. 18. (...) OHCHR-Honduras observes that, while maximum security regimes are not incompatible with human rights, they should be used as a measure of last resort, decided on the basis of criteria defined by law and individualized risk assessments, and be regularly reviewed, as reflected in national legislation. The office notes that the transfer of 45 inmates, many of them unsentenced, to the new maximum security wing of the Ilama penitentiary (El Pozo) fell short of human rights guarantees, including those governing notifying the prisoners, their relatives and the judicial authorities of the transfer as well as those related to privacy during transfer. 27. (...) No progress has been made in relation to advancing the right to truth, justice, reparation and guarantees of non-repetition for the victims of gross human rights violations that occurred during the 1980s, with particular regard to the situation of 184 cases of enforced disappearance, including 25 women. The Office of the Special Prosecutor for Human Rights has reportedly dedicated resources to the investigation of such cases, but it has not responded to requests to provide OHCHR-Honduras with official information on progress and data.

The Anti-Human Trafficking Unit within the Organized Crime Division of the Public Prosecutor’s Office investigates crimes against public order, including trafficking in persons, and promotes the prosecution of such crimes. (...) With regard to tourism, the NCP has a unit to ensure the security of tourists, while INGUAT promotes sustainable tourism development through coordination among Government, civil society and the private sector, including CAMTUR. 63. Within the Ombudsman’s Office, the Office of the Defender of Children and Adolescents (Defensoría de la Niñez y de la Juventud) investigates complaints of alleged violations of children’s rights. (...) Penal investigations and prosecutions are then undertaken by the Public Prosecutor’s Office through specialized units, including the Anti-Human Trafficking Unit within the 70 CICIG, “Report” (note 11), p. 71. 71 CRC/C/GTM/Q/3-4/Add.1, paras. 30 and 31. 72 PINA Act, art. 117.

By September 2018, the number of incarcerated adults had reached 20,583 (including 1,240 women), compared with 19,000 in December 2017 (including 1,050 women). (...) By the end of November, CONAPREV had transmitted to the Office information on 284 incidents related to torture or ill-treatment in places of detention, including two cases which appeared 23 In May 2017, 572 children were detained; in September 2018, the number was 445 children, including 47 girls. 24 Article 184 of the Code of Criminal Procedure contains a list of 20 crimes for which pretrial detention is mandatory. 25 Data from the Electronic Centre for Documentation and Judicial Information. 26 Data from the National Prison Institute. 27 World Health Organization, Honduras, at www.paho.org/hon/index.php? (...) In 2018, the special prosecution unit to fight corruption-related impunity of the Office of the Attorney General, with the support of MACCIH, took steps against corrupt political networks.35 Between May and June, it opened prosecutions against 38 high-profile individuals, including members of Congress and former ministers, on the grounds of misappropriation of public funds, fraud and money laundering to support party campaigns in the context of the 2013 elections.

ACTIVITIES OF THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS IN GUATEMALA : REPORT OF THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

They met with government officials from the Office of the President of the Council of Ministers (including the Office of the Deputy Minister of Territorial Governance, the Office of the Secretary for Social Management and Dialogue, the Office of the Undersecretary for Dialogue and Sustainability and the Office of the Undersecretary for Prevention), the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Justice and Human Rights, the Ministry for Women and Vulnerable Groups, the Ministry of Development and Social Inclusion, the Ministry of Culture, including its General Directorates of Intercultural Citizenship and of the Rights of Indigenous Peoples, the Ministry of the Environment, the Ministry of Energy and Mining, the Ministry of Labour and the Promotion of Employment and the Ministry of the Economy and Finance. They also met with representatives of the regional governments of Loreto, Cajamarca, Cusco and Apurimac, members of Congress (the commissions dealing with indigenous peoples and the environment and with energy and mining) and representatives of the Supreme Court and the Office of the Ombudsman. 3. In addition, the experts met with representatives of civil society organizations, trade unions, academia, the United Nations system, the diplomatic community, the Working Group on the Voluntary Principles on Security and Human Rights, business associations, including the National Confederation of Private Business Associations, which coordinates the Peruvian United Nations Global Compact Network, and the National Mining, Oil and Energy Society. (...) Other observers, however, including regional officials, were of the view that most of the spills were caused by inadequate maintenance.

Several police officers responded with force, using their weapons, including lethal ones (see para. 15 above). According to the District Oversight Office, those actions resulted in 11 arbitrary deprivations of life.20 In addition, OHCHR recorded 581 persons injured, including 61 by firearms. (...) The measures also involved local authorities, the Office of the Attorney General and the National Institute of Legal Medicine and Forensic Sciences, including in terms of identification, delivery of information and accountability. (...) To break the cycles of impunity that foster violence, access to justice must be guaranteed for all, including those in rural areas. OHCHR has continued to observe the limited presence of the Office of the Attorney General in rural areas of Amazonas, Antioquia, Arauca, Caquetá, Cauca, Chocó, Guaviare, Meta, Nariño and Norte de Santander.

In Warsaw, the Special Rapporteur met with representatives of the National Prosecutor’s Office (Bureau of Organized Crime, Bureau of International Legal Co- operation; and the Coordinator on Trafficking in Human Beings); the Ministry of Foreign Affairs (Department of United Nations and Human Rights); the Parliamen- tary Committee on Human Rights and Justice; the Commissioner for Civil Rights Protection (i.e., the civil rights ombudsman); the Secretary of State, Plenipotentiary for Equal Treatment; the Undersecretary of State at the Ministry of the Interior and Administration1, as well as with representatives from the Migration Policy Depart- ment and the Border Guard (including the following units: Office for Foreigners, the Strategic Analysis Office and the Operation-Prosecution Office); the General Head- quarters of Police (Criminal Bureau, including its Director, who supervises the Cen- tral Unit for Combating and Preventing Trafficking in Human Beings); the National Labour Inspectorate, including the Legality of Employment Department; and the Border Guard at Warsaw-Okecie. (...) While there are specific provisions in Polish law regarding the violation of workers’ rights, the National Prosecutor’s Office mentioned that a specific definition of human trafficking (including for labour exploitation) would be necessary to cover certain behaviour. (...) That Office coordinates cases of human trafficking, including those with international links.

Организация Объединенных Наций A/71/858 Генеральная Ассамблея Distr.: General 3 April 2017 Russian Original: English 17-05341 (R)