European Court of Human Rights judgments.
The judgments were regarding the violation of
the right to freedom of association in relation
to the authorities’ refusal to register
associations of Greece’s national minorities in
2007, 2008 and 2015. The new provision
amended the Code of Civil Procedure to allow
the possibility of reopening proceedings in
these cases. However, the NGO Greek
Helsinki Monitor expressed concern over the
limitations placed by the law in relation to the
reopening of such proceedings, including on
grounds of national security and public order.
GUATEMALA
Republic of Guatemala
Head of state and government: Jimmy Morales Cabrera
Thousands continued to flee the country to
escape high levels of inequality and
violence. Human rights defenders, in
particular those working on land, territorial
and environmental issues, were at great risk
and faced smear campaigns. Impunity and
corruption persisted, undermining public
trust in local authorities and hindering
access to justice. Recent progress to
consolidate the criminal justice system and
the rule of law was challenged. High-profile
cases of past crimes under international law
remained stalled.
LEGAL, CONSTITUTIONAL OR
INSTITUTIONAL DEVELOPMENTS
In August, Augusto Jordan Rodas took up
office as Ombudsperson for Human Rights.
In November, the last criminal provisions
referring to the death penalty were declared
unconstitutional.
TRANSITIONAL JUSTICE
Despite progress in the prosecution of some
crimes against humanity committed during
the internal armed conflict (1960-1996),
efforts towards truth, justice and reparations
remained halted, and the vast majority of
cases continued to suffer setbacks and
undue delays. Five former members of the
180
military, including the former head of the
High Command of the Guatemalan Army,
were sent to trial charged with crimes against
humanity and rape against Emma Guadalupe
Molina Theissen, and the enforced
disappearance of her younger brother, Marco
Antonio Molina Theissen.
Criminal proceedings remained stalled
against former members of the military on
charges related to multiple cases of enforced
disappearances and unlawful killings carried
out in a military base, now known as
Creompaz, in the northern Alta Verapaz
region. Appeals filed against decisions
affecting the victims’ rights were pending and
several officers remained at large. In both
cases, victims and human rights defenders
were intimidated and harassed inside or
outside the court and online. After several
failed attempts since 2015, the trials of
former military head of state José Efraín Ríos
Montt and former intelligence chief
Rodríguez Sánchez resumed in October.
IMPUNITY
Judges and prosecutors continued to face
intimidation and pressure. Efforts to fight
impunity were at great risk of setbacks due to
increased resistance from certain political
actors. A constitutional reform introduced in
Congress in November 2016, aimed at
consolidating efforts towards justice and
accountability and strengthening the
independence of the judiciary, had not been
approved at the end of the year. Mass
protests took place in August and September
and the country faced a political crisis when
several members of the government resigned
in September, in reaction to President
Morales’ attempt to expel the head of the
International Commission against Impunity in
Guatemala (an independent body established
by the UN and the Guatemalan government
in 2006 to strengthen the rule of law postconflict).
HUMAN RIGHTS DEFENDERS
Human rights defenders faced continuous
threats, stigmatization, intimidation and
attacks.
Amnesty International Report 2017/18
Select target paragraph3
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