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Impunity
The agreement, as originally envisioned, proposed a national/international Commission that would consist of three members, two appointed by the UN and the Organization of American States and one appointed by the Guatemalan government. This provision would later be altered so that the Commission would reflect participation of only the UN and the Guatemalan government. The proposed Commission was intended to investigate illegal armed groups currently operating with impunity in Guatemala, and would give special attention to those groups responsible for the rampant attacks and threats against human rights defenders, judges, witnesses, and other civil society representatives. CICIACS was to be charged with determining the ties between these groups, state agents, organized crime, and private security forces and was intended to have the authority to investigate and prosecute individuals involved in such activities. Unfortunately, the process leading up to creation of the Commission has been fraught with obstacles and the dilatory tactics of government officials whose ties to organized crime could be exposed by creation of such a Commission. Then, in August 2004, the Constitutional Court of Guatemala found certain provisions of the agreement creating CICIACS in violation of the Guatemalan Constitution. Today human rights organizations and others continue to push for formation
of such a Commission and are working to revise the text so that it complies
with
the Guatemalan Constitution but doesn’t lose the investigatory and prosecutorial
teeth currently lacking in the Guatemalan judicial system.
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