With the arrival of the Spanish Investigative Commission comes the responsibility on the part of the State of Guatemala to ensure the safety of all those involved.

To the President of the Republic of Guatemala,
To the President of the Supreme Justice Court,
To the President of Congress,
To the Attorney General,
To our accredited diplomatic representatives in Guatemala,

With great satisfaction, we received the October 5th, 2005 decision of the Spanish Constitutional Court confirming the legitimacy of the Spanish Justice System to investigate and prosecute for genocide and crimes against humanity committed in Guatemala, regardless of victims’ nationality. This decision represents a transcendental advance toward establishing “Universal Jurisdiction” and, as such, is an important step in the struggle against impunity in Guatemala.

The atrocities that took place in Guatemala during the internal armed conflict are well-documented in the report of the UN Commission for Historical Clarification. They include at least 626 massacres committed by State forces as well as acts of genocide. We are saddened that the Guatemalan Justice System has been incapable of convicting those responsible for these crimes despite the many cases filed and evidence presented by the survivors and other human rights activists. Furthermore, we are concerned that continual attacks suffered by human rights activists will remain uninvestigated. To date, not one suspect has been charged.

Ultimately, we ask the State of Guatemala to demonstrate its commitment to human rights, the fight against impunity, and the enforcement of the Rule of Law, by actively supporting the investigation carried out by the Spanish Commission starting on June 24th as it gathers testimonies related to crimes of genocide, torture and terrorism that occurred in Guatemala.

In particular, we ask that the State comply with requests for the protection of the physical and psychological security of the human rights defenders involved including those who will present testimony. It is therefore essential that attacks against activists be investigated and that those found responsible be convicted. The work being done in the political arena toward justice and against impunity must be respected.

We ask our accredited diplomatic representatives in Guatemala to fulfill their mandate to oversee that human rights are respected and that they demand that the Guatemalan State follow through with its responsibility to protect human rights defenders and to investigate any attacks against them.

We would like to reiterate our commitment to accompany the struggle against impunity, and we will continue to oversee the security of those human rights defenders involved in legal processes for human rights violations committed in Guatemala and, in particular, those who are providing evidence to the Spanish Investigative Commission.