CON^DENTIAL Security Informal!
HISTORICAL REVIEW
RELEASE JMFUIL
national intelligence survey
GUATEMALA
3
71
TABLE OF CONTENTS FOR
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national police
Local police
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Penal
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b. Crimes and
Incidence of
Criminal
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and arraignment
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b.
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This Section was prepared for the NIS by the Intelligence Organisation, Department of State.
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State3
54. Public Order and Safety
General
The Guatemalan revolutionhichthe dictatorial regime of President Jorge, usherederiod of political, economic, and socialesire generally to liberalize the political system and to modernize the governmental structure caused theregime to reform the police system and to enact into legislation modem penal and procedural codes and regulations. The police force, organized as the Civil Ouard (Guardlaas intended to bring to an end the much hated practices of the national police which had operated under the Ubico regime. The Civil Guard was expected to instill In theegree of confidence that had been generally lacking under the previous regimes. In contrast to TJblco's national police, which had served primarilyoliticalto safeguard the Interests of thethe Civil Guard was organizedonpollt-ical and purely civil force. In compliance with Articlef5 constitution, the Civil Guard was demilitarized and made completelyof the armed forces command, which could assume Jurisdiction over It only In times ofnational calamity or threat of war.egislation was enacted to abolish departmental and auxiliary guards, and to Incorporate both these organizations into the Civil Guard. In addition, there are smaller national police organizations, independently maintained and administered, and some local municipal police.
The police force Is considered adequate for Guatemala under ordinary circumstances for the protection of the people and the enforcement of laws, especially in theery roughof coverage is one police official forersons In the country. For Guatemala City the ratio would be. In times of serious crises and widespread disorders, the police alone could not control the nation. However, the army, comparatively strong, well-equipped, and loyal, appears capable of thwarting any revolutionary attempt and its existence has strengthened the position of the police.
The Civil Ouard and the other police forces,as Is known, carefully observe the laws in criminal Investigations and other routine matters. In thc handling of political crimes, however,during the past two years, the police have
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exceeded their legal authority. The Arbenzhas Increasingly turned the Civil Guardolitical weapon. Performing what is purportedly the neutral function of supervising elections. Civil Ouards In the rural areas have reportedly instructed Illiterates to vote forcandidates. The Civil Guard is also reported to have made Improperand to have used brutality In order to obtain confessions.
At various times since the late nineteenthGuatemalans have endeavored toodem criminal procedural and penal system.riminal procedural code was enacted guaranteeing the right of accused Individuals toair trial and establishing uniform court procedure for various types of cases. This code was followed by more humanitarianfter several dictatorial regimes had widely disregarded the provisions of suchthe revolutionary administration of Juan Joseeaffirmed the principles of8 code, amended it, and enacted apenal code.
The present penal code emphasizes crimesagainst the state and deals somewhat less severely with other violations of the law. Both the penal and procedural codes provide safeguards which in themselves appear adequate to protect citizens accused of violating the laws. These codes, in addition to the dril code, are designed tothat those accused will receive fair hearings by relatively competent Judges, that sentence for the same crime will not differ greatly In degree, and that those convicted will have ampleto appeal decisions.
Although the manner of selecting Judges and the fact that they serve only four-year terms make them vulnerable to political pressure, Judges have, insofar as Is known, faithfully upheld the laws in purely criminal cases. In political crimes,Judges have perhaps been influenced by the administration. The recent dismissal of several Supreme Court Justices becauseecision rendered by the court with regard to theof the Agrarian Reform Act suggests that courts may be subjected to greater official pressure than they have been accustomed to in the past few years. So far as criminal cases are
concerned, such pressure would most likely beIn political crimes.
Modern legislation enacted with respect to penal institutions has seldom been Implemented. In general, prisons, particularly on the departmental and local levels, are antiquated and poorlyAlthough the codes and other regulations place emphasis on the rehabilitation of prisoners as one of the requisites of the prison system, little attention has been given to this matter. Recently, however, the reformatory system has beenand courses begun there for theand education of the young inmates.
The maintenance of public order and theof the criminal code and of the penal system are complicated by the essentially blcul-tural system prevailing ln Guatemala. More than half themuch higher percentage in many local political subdivisionsIndian in culture. In communities where thereigh proportion of Indians there isifurcation of political power, resultingual system of government. Indian and Lcdino (non-Indian).
Whereystem exists. Indians participate in varying degrees ln the administration of justice. At times they act as mayors or as policemen, ln the latter instance without pay. When they serve as officials, they tend to enforce the lawax manner and to hinder Its due process If It affects another Indian. Although Indians often seekin the courts ln connection with theirquarrels and ln disputes over land, lnmatters they are collectively disposed to avoid the courts and are unusually apprehensive of police and political officials. In many Instances Indian elders {principales) settle or try to settle disputes between Indians before they get to the Ladino civil magistrate. Crimes of violence among them are infrequent and usually appear to be committed under the influence of alcohol; stealing is rare, except for petty thievery. In the absence ofstudies of Guatemalan Indians, only such Information and generalizations as are given above can be presented In this Section. For further discussion of the Indians' attitudes and socialsee Chaptm IV,nderCharacteristics.
On the whole, the problem of preserving law and order under normal circumstances Is not serious in Guatemala. Although statistics on theof crime and the number of people In prison are neither complete nor accurate, availableindicates that arrests andare not excessive ln ratio to the population. In addition, lt appears that most arrests are for minor violations. The Ladtnos as well as thehowever, tend to regard the police withand to make every effort to avoid getting involved with the authorities. Toward the penal system the population is generally Indifferent; the well to do have little to fear from It and are therefore unconcerned, and tbe poorer classes are powerless to efTect changes even if they wish to do so.
B. Police system
The present police system of Guatemala is based primarily on the national police ordinances5 (Decrco6 (Decree,0 (Decree. After the revolution4 several laws were passed which modified such legislation. These Include the Act4 changing the name of the national police to the Civil Guard {Guardiahe acthe law of Government and Administration of thend the law9 reorganizing the Civil Guard. Changes have also been madeesult ofdecision and practice,ew organic law has been drawn up but so far has not been enacted. The new laws, ln conjunction with Articlef5 constitution, prohibit the police from being militarised except In cases of extreme emergency.
The police system Is composed of one largeforce, the Civil Guard, administered by the Ministry of Interior, and other smaller national police units, of which the Judicial Police {Guardia Judicial) and the Treasury Police (Guardla de Hacienda) are the most important. They are under the Jurisdiction of the Ministries of Interior and Finance, respectively. The constitution5 and subsequent legislation also provide that municipalities may organize their own local police forces.
Administrative control and disciplinaryof all national police organizations areIn Guatemala City; high-ranking officials are presidential appointees, but they work through and are responsible to their respective ministries.
Operational control of the national police la decentralized. Although the directors of thepolice organizations appoint their chiefin each department, the governor, aappointee who is not subordinate to these directors. Is invested with full authority over all police forces. By law, the departmental governor has primary responsibility for the maintenance of public order and safety, while his subordinates have corresponding authority within theirNo conflict between the governors and national police directors over operational matters pertaining to tho police has been reported.
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ivil Guard
a. Functions and organizationThe Civil Guard Is responsible for the preservation of public order, the protection of life and property, and the enforcement of the laws of the Republicthe nation.
Although the Civil Guard operates under the Jurisdiction of the Ministry of Interior and in the departments under the immediate direction of the governors, in certain matters affecting military establishments and national security, it Isto tho Chief of the Armed Forces. The head of the Civilresidential appointee, isa military officer and bears the title ofgeneral. His responsibility to the President Is exercised through the Minister of Interior.
The administration of the Civil Ouard Isin Guatemala City. Various units of the Guard are concerned with such matters as identification, recruiting, communication, aliens, and penitentiaries. The primary function of the Department of Identification is to take and file photographs of criminals, and1 it was officially staled that the department hadIncreased Its activities in this field. The Department of Communication coordinates the radio-equipped vehicles of the Civil Ouard and owns andommercial radio station, the Voice of the Civil Guard (Lo Vox de fa Ouardiahe Department ot Foreign Controln cooperation with the ImmigrationOf the Ministry of Foreign Affairs, whose instructions it generally follows, is responsible for maintaining records on all foreigners entering the country and those who have become naturalized citizens.
Functionally, the Civil Ouard is distributed throughout theolitical departments. Some Civil Guard personnel are assigned to dutyunicipal level In the Departamento de Guatemala. Outside of the capital, most Civil Ouard police are assignedepartmental level, and these in turn are given duty at the various potts within the department. In addition, the Civil Ouardounted Division operating in the rural areas whose primary task Is to search out fugitives In unpopulated areas and to assist the Treasury Police (see below) In controlling contraband trade and Illegal border crossings.
b. PersonnelThere areen in the Civil Guard. Of this number more than one-third are stationed In Ouatemala City and the remainder are scattered throughout the nation. All officers are regular army personnel assigned to duty with Uie Civil Guard. There Is reportedly no official relationship between the police and the army nor Is there evidence ofbetween the two services.
In general, the appearance, conduct, andof Civil Ouard units stationed inCity are far superior to those of unitsIn the country. The civil guards serving traffic duty reportedly can read and write, but In general appear to be poorly educated. They seem to find it difficult to handle other thanmatters and It has been asserted that they display Uttie or no Initiative; for example, they willraffic jam rather thanunravel It. Enlisted personnel customarily serve outside their home areas, and salaries are low (generallyouetzales* per month).
C. Thainino and rqotfmbntThe quality of training In the Civil Guard has varied considerably in the past few years. Schools for training have functioned at different times, but the quality of Instruction depends upon the ability, energy, and integrity of theew Civil Ouard Training School was established Int conducts two six-month terms each year In the capital, maintains night schools, and offerscourses. Aboutupils are expected to graduate from the regular school each term. The program of studies includes personal defense, mathematics, Spanish grammar, civil and penal law, constitutional law, arms, military courtesy, geography and history of Ouatemala and Central America, fingerprint study, and criminology. The present head as well as the majority ofman staff of the School studied at the Military Police School of. Army, Caribbean, Fort Oullck, Panama. At the present time, another group of Civil Guard members are receiving technicalas policemen at the same US school.
Members of the Civil Guard are poorly equipped in comparison to army personnel. Asfficers of the Civil Guard were armed withutomatic pistols or revolvers; most policemen werealiber revolvers, but about one-quarter of these were Judged to be unsafe for use. There were aboutoundsmmunition for each revolver. During an emergency, trusted police are armedm. rifles. In normal times, some policemen carry only nightsticks. The Civil Guard wear grey "working uniforms" except for special occasions and Sundays, when they wear dark blue uniforms.
The Civil Guard possess an unknown number of radio patrol cars and motorcycles. As far as can be determined, these are used only In Ouatemala
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City.
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national police organizations
a- Judicial PoliceThe Judicial Police,operating under the Jurisdiction of the Ministry of Interior, works Independently of the Civil Ouard, Except for the fact that the Judicial Ouard has Its own director and consists ofembers, little pertinent information ison any aspect of this organization. The Judicial Guard Is concerned with both criminal and political matters. It performs the functions of the plainclothes sectionity policeand actsational secret service. In addition, according to various official statements, one of the major functions of the Judicial Guard is to prevent delinquency both in the capital and the departments.
b. Treasury PoliceThe Treasury Police, established by law inpecialof the Civil Guard but works under and is responsible to the Ministry of Finance.on Its organization and activities isThe Treasury Police functionsustoms guard and Is concerned principally with the prevention of smuggling. It Is also charged with the prevention and detection of fraud against the government, and the gathering of evidence In such cases, and has responsibility for borderand control of the distribution of alcoholic beverages.
The organization of the Treasury Police isloose. The Chief is appointed by the President; Its other personnel Is appointed by the Minister of Finance. At the departmental level, the governor exercises primary jurisdiction. The activities of the Treasury Police, Insofar as they relate lo arrest and pursuit, are under thecontrol of the Chief of the Civil Guard in each department. In matters pertaining to audits and financial investigations, the Treasury Police reports directly to the Ministry of Finance, which orders such additional investigations under Its own control as appear necessary.
Information on the quality and effectiveness of personnel Is almost completely lacking. There arereasury Police, Includingounted guards, distributed through the various political departments. About one-fifth of the entire Treasury Police force Is stationed In port cities and on the nation's frontiers.uatemalan budget indicates that Treasury Police receive the lowest salaries paid all police forces.
police organizations
Bothf the Constitution5 and decreen municipal governmentfor the establishment of localocal police force may be organized
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onlyhen an individual community of atnhabitants petitions Congress andfter that body enacts specific legislation for itsSuch local forces are to be wholly financed by the community, to be administered by the local alcaldeo conform to Civil Guardand to be under the general supervision of the departmental governor. Althoughhave been granted the right to establish local police forces. Information as to their location and operation Is fragmentary.
valuation
Information regarding the efficiency,and Integrity of police forces in Guatemala Is extremely limited and deals almost entirely with the Civil Guard. Although the Memorias Issued by the Ministry of Interior indicate generalwith the performance of the Civil Guard, even these reports note that It Is not altogetheror efficient; this view is also expressed by the independent press and by some importantofficials. The reasons given for this situation are numerous. Efficiency is limited by the lack of adequate numbers In the police forces; thus Guatemala City as well as rural areas areof full police protection. The performance of the police has also been seriously affected by the poor training programs. Low salary scales and the fact that opportunity of advancement through the ranks Is almost nonexistent, since only army officers are appointed as police officers, have made police positions unattractive. The custom ofmen away from their home areasdeters some from Joining the police.wages, even for the officers, lend plausibility to the charges that members of thc Civil andGuards engage tn corrupt practices. Onoccasions demands have been made for theof the Civil Guard In order to increase Its efficiency In combatting delinquency, whichhas Increased considerably In the capital in recent years. Frequent declarations that the police system would be Improved have been made, but thus far no important measures in thishave been Instituted.
The Civil Ouard as presently constituted,is generally capable of preserving public order and safety although probably not in time ofery serious natural calamity. Civil Guard personnel In recent months have beenIn controlling disturbances growing out of enforcement of the Agrarian Reform Law.they have failedumber of instances to prevent the illegal seizure of land by farm laborers. On-different occasions4 the Civil Guard has cooperated with the army In maintaining order during times of crisis.
3
Civil Guard, designedonpollticaland so described in the first years after4 revolution has in recent years been used increasingly as an Instrument for carrying out the administration's leftist policy objectives. High-level appointments in the Civil Guard as well as in the other police forces appear to be madeon the basis of loyalty to the administration. Furthermore, officials of the Civil Guard frequently act in an arbitrary manner according to thewishes instead of pursuing ancourse of action. For example, Civil Guardhave arrested students and landowners for their vocal opposition to the Agrarian Reform Law.ircular of3 from theof the Civil Guard to the departmental chiefs Instructed them to support the "proletarian masses" In disputes with people of "good socialand suggested that they seek the advice of "wholly revolutionary" persons when In doubt. In the departments the governors have been accused of using the Guard to interfere in local elections and to further the aims of the administration.
The Civilhe past two years hasacts specifically forbidden by theand the penal and criminal proceduralt has arrested antlcommunlst opponents of the government without proper warrants, and hasdetained them, sometimes Incommunicado. Charges hare been made by political opponents of the present regime who have been detained that the police have employed brutality to obtainand confessions from them. All these violations appear to have occurred In connection with politicalone has been reported ln purely criminal cases.
Because of such practices as these, whichthe memory of earlier arbitrary policethe attitude of the general public toward the police is one of distrust and suspicion. Whereas the ordinary citizen is apprehensive of almost any contact with police officials, the wealthierIs generally contemptuous of their authority, because of their lower social status and venality.
C. Pcnnl system
The penal system of Guatemala derives Itsfrom the Constitutionhe Penal Code promulgatedhe Code ofnd other pertinent legislation.
he Penal Code
a. oxoamizatioh and applicabilityThe
Penal Codeatterned after thePenal Codea an extremely detailed document specifically prescribing the minimum and maximum penalties for almost every conceivable type of crime. The code Is divided Into three basic sections: general provisions, felonies, andGuatemalansunishable act under the code outside of their country may be brought to trial at home If no trial was held where the crime occurred. In addition, Guatemalans and foreigners residing abroad are subject to the code if they commit offenses against the security of Guatemala.
Some special groups, under certainare exempt from the provisions of the code. For example, military personnel on active duty are subject to the military code. However, nonmilltary offenses committed by military personnel are judged in accordance with the Penal Code.ase before the Supreme Court of Justice Involves military personnel, two military officers areappointed to that body to help review the case anderdict
b. Chimes andeneral provision*Crimes are divided into two broad categories, felonies andGreater emphasis is placed upon feloniesagainst the state and constituted authority than upon those committed against privatePenalties for the various crimes Include executioniring squad, confinement, and fines. The death penalty, seldom imposed, can be given only to adult males. Confinement may be In the national penitentiary, in departmental or local prisons, or in reformatories.
Individuals convicted of certain major crimes mayaximum sentence ofears In the national penitentiary. The law requires that all male prisoners convicted of major crimes beon public projects outside the prison,that they are physically able. Thosesentences for assassination, parricide, robbery, and other serious crimes, snd all second offenders may be employed hi Improving port and coastal works.
Criminals receiving prison sentences for major crimes may receive an additional sentence during the second half of their term If they are guilty of bad conduct. This sentence may not exceed one-quarter of the time left to serve. However, no prisoner can serve more thanonsecutive years In prison. The code also provides that criminals overears old and those whoust be placed ln special Institutions.
Individuals committing crimesess serious nature, most of which are classified asmay receive sentences ranging from finesaximum of one year's Imprisonment. When criminals receive the maximum penalty of one year, they are generally confinedepartmental prison to work on projects deemed beneficial to the public welfare. Individuals convictedrime
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for which the maximum sentence Is six months usually serve their Imprisonment at the local Jail and work at tasks assigned by the authorities. The maximum sentence for most misdemeanors is one month. Prisoners serving such sentences areconfined at tho local jail and are required to engage in work necessary for the administration of the prison. If practicable, the work assigned to them Is that of their own occupations. When fines are levied, they may not exceed one month's income, emolument, or salary of the convicted persons. If an Individual is destitute and cannot pay the fine, imprisonment may not exceed one year.
The Penal Code and the Constitutionubsidiary penalties that automaticallythe Imposition of sentence. Articlef tbe constitution provides that the suspension of citizenship should accompanyrison sentence issued In thc case of an offense to whichimprisonment applies and which is notunder bond, excepting political offenses."and employment rights of persons convicted of misdemeanors are suspended duringCitizenship rights of most prisoners arewhen their sentence Is completed, when they are pardoned because of their rehabilitation, or when their freedom Is gained through presidential amnesty.
In Imposing sentence the court may take into account extenuating circumstances. Individuals committing crimes not covered by the code must be set free. Minors less thanears of agehave their sentences reduced. Women may not receive the maximum penalty In certain types of crimes, such as murder. The facturder is committed as an act of vindication against an assassin of one's close relative is considered ancircumstance. An act resulting In more serious consequences than anticipated,rime committedage, or under the Influence of an obsession mayeduced sentence. Inpersons presenting themselves to thebefore being pursued and those confessingmay receive reduced terms of
The code stipulates various methods by which sentences may be commuted in part or in whole. Commutation by presidential amnesty isby both the code and the constitution and has been decreed on numerous occasions- The courts have the authority to reduce first offenders' sentences by two-thirds if the punishment does not exceed five years'ersonerm for one year or more may be pardoned, in most instances for good conduct, upon theof three-quarters of hit sentence. TheCourt of Justice has the power to reduceof some serious crimes by one-half if the
Page of the prison petitions in favor of suchtestifying to his observance of the prisoner's good conduct and to evidence of his rehabilitation. Commutations of this type cannot apply to second offenders or to those convicted of treason, parricide, assassination, robbery, or any other crimesagainst the public welfare. Paroledmust residelace specified by the court and are subject to police surveillance. They are not permitted to move without prior court approval. If parole is broken in any manner, the individual is returned to prison.
eloniesinclude crimes which endanger the security or tranquillity of the state, the intervention of military men orin politics or In matters related to theof labor, and serious crimes, such askidnapping, rape, and arson. The penal code deals severely with offenses against the security of the state. Laws definingwhich the maximum penalty isto bothand foreigners. Such acts as collaboratingoreign power to declare war on Guatemala, helping the enemy to enter Guatemalan territory, attempting to incite troops to revolt, publishing secret documents, and spying fall within thisSentences for crimes which endanger the peace or independence of the state vary from one to eight years. For crimes of piracy, the sentence isears of correctional Imprisonment, and in certain cases, such as the burninghip, the death penalty Is specified.
Punishment for other types of crimes which threaten the security of the state depends upon the seriousness of the act. Rebellion, sedition, andagainst social Institutions are punishable by death.
Publication of news items that disturb the peace and tranquillity of the nation or cause priceare considered crimes against publicand the sovereignty of the nation This type of crime was established byf9 as an amendment to the penal code. The authors of the law maintain that it does notArticlef the constitution, whichfreedom of the press. It Is this decree also that establishesrime intervention in politics or labor organizations by military personnel or clergymen. Punishment Is one year of correctional Imprisonment.
Penalties for felonies not directly concerning the security or peace and tranquillity of the state vary from one year of imprisonment to death. The death penalty is specified In homicide andobberyilling occurs,esser penalty is normally Imposed because of extenuating For crimes such as robbery, the
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sentence rariesoears, for kidnapping fromoears, for counterfeitingears, for falsifying public documentsears, and for arsonoears. The crime of infanticide, which bv definition BfM^Usj cniy when the infant Is three days old or less,enaltyears If committed by the motherears If by the maternal grandparents Presumably this law Is Intended to apply to the killing of Illegitimate children, since only the above-mentioned relatives are specified.convicted of performing an abortion receive sentenceears; the woman permitting it is imprisoned for one year. The penalty for illegal marriageeligious ceremony unaccompaniedivil ceremony) Is one year; this provision of theesigned to enforce the requirementivil marriage. Sentence for rapeoears.enereal disease, if done knowingly, Is punishable by one to three years' Imprisonment: If done unknowingly, by only two months.
isdemeanorsMisdemeanors Include offenses against public order, the public Interest, and individuals. Penalties for such offenses arc usually lessonth of imprisonment or fines. Examples of misdemeanors areIn unauthorized demonstrations, possessing firearmsroper license, gambling,to obey sanitary laws, participating infights, and committing traffic violations and petty thievery.
ncidence of crime
Reliable information, especially statistics, on the incidence of crime is almost completely lacking. The principal crimes in the urban areas arerobbery, burglary, and petty thievery; those in rural areas are homicide and petty thievery. In recent months the crime rate Ln the rural areas has Increasedesult of dissatisfaction over the operation of the AgTarian Reform Law. Such crimes have consisted primarily of murders, brawls, and machete fights. Crime is committed mostly by the lower and poorer classes of the population, who for generations have lived ln squalor.
The Memortas Issued by the Ministry of Interior give some Information on the number of people arrested for the past few years, but do not detail the type of crime.8 the Civil Guard1 persons.3 persons were arrested by the Civil Guard for all types of crimes, and anere apprehended by other police for fraud and contraband. Of those arrested for traffic4 wereof misdemeanorsf felonies.1 persons were arrested for Infractions of traffic laws
riminal procedure
The basis of criminal procedure Is the Ouatems lan Code of Criminal Procedure8 with it numerous amendments. The code Is derive largely from the Spanish Law of Criminal Pre cedure of.
or courtsPracticallycases are handled by interiorare divided into two levels, theand the national Courts of Firstcourts presided over by Justices ofUueces de Paz) or MunicipalMuntcipales) try cases for whichcannot exceed six months and forwritten sentence Is required. Courts ofInstance have unlimited Jurisdictionmatters and try ali cases for whichwould be one year or more ofor whichritten verdictalso have appellate Jurisdiction Inby the municipal courts.
The superior courts composed of theppeal and the Supreme Court of Justice, excepi In certain extraordinary cases, have only appellati Jurisdiction in criminal cases. The Appeals Court; have appellate Jurisdiction over the Courts of thi First Instance. In special cases, such as charge of fraud against government officials, the Appeal: Courts act as trial courts. The Supreme Court oi Justice functions as the final appeals court Ir criminal cases.
and5 and the code of criminalcarefully detail arrest andArticlef the constitution
o one may be detained or Imprisoned except by reason ol offense nnd Judicial restraint, and by meansritten ordtrompetent authority Luued tn accordance with the law, exceptugitive criminal or one In flagrante delicto Ii
The home is considered Inviolable, and arrest within Itr. and prior. Isforbidden ln the constitution except under unusual circumstances to be specified by law.
Detained persons must be placed without delay at the disposaludicial authority and Inof provisional detention. Individuals detained for simple offenses or violations of policewho can Identify themselves either bytestimony of known persons, or othermeans cannot be held. In any case, the authorities must bo certain that the accused will appearompetent Judge withinorking hours. Imprisonment for debt is forbidden except
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whcff^it involves refuial to support Immediate relatives.
An Individual may not be held incommunicado for more thanours and must be interrogated within that period. During the time of detention, he must be Informed of the reason for detention and the name of the accuser, and provided with all other pertinent Information. As soon as this is done, the accused can no longer be heldand must immediately be allowed counsel.
Detention may not exceed five days; within thatentence of imprisonment must be issued or the detained person must be freed. Suchcannot be pronounced unless summaryIs providedrime has beenand that according to theufficient motive existed to give credibility to the charge that the detained person is guilty. In the citation Issued by any authority, the reason for requiring the appearance of the accused at court must be indicated. Bail may be set onlyerson whose alleged crimes entail penalties of one year or less.
As in most Latin American countries, the most important phase of thc criminal procedure is the "investigation"ummaryllIn thishich Is held Inare concentrated in the hands of the judge. He gathers the necessary Information and then orders the case to public trial if the evidencewarrants such action. Actually the guilt or Innocence of the Individual is usuallyduring thehich sometimes extendseriod of months.
c ThialsTrials in Guatemalan courts are essentially perfunctory, since generally the guilt of the individual has been established during thehe judge publicly hears again the pertinent Information. The defense also has an opportunity to present its case again. The judge thenecision.
Sentences may be cither verbal or written. They may be verbal only if the criminal agrees to the sentence or if the caseisdemeanor. Local judges render only verbal decisions; if they believe that the verdict should be written, the case is referredudgeourt of First Instance, who must deckle after examining the evidence whether the decision should be written. Judges of such courts may handerbal sentence only if that sentence does not exceed six months.
Trial by jury does not exist in Ouatemala except in cases Involving freedom of expression, as set forth in Articlef the constitution.
d. AppealThe codo of criminal procedure grants the right of appeal to the accused or his representatives, to the state If Itarty to the case, and,. law, to the "accuser."to the code, all sentences are subject to appeal. Appeals may be presented orally or In writing and must be submitted to the tribunal in which the case was tried within three days after the Issuance of the original verdict. All appeals are generally handled by thc next higher tribunal. In considering an appeal the higher tribunal may revoke, amend, or annul thc decision involved in the original verdict or remand the case to thc lower court.
A special type of appeal known as cassation, which involves not substantive but proceduralin the presentation and hearingase, may be made to the Supreme Court of Justice. This procedure may be Invoked in two general categories of cases: those Involving error in the application or interpretation of the law, and those Involving error in the consideration of tho evidence. The cassation proceduro must be invoked withinays after the sentence.
The code also provides for the review of cases already closed. Review ofase may be invoked If the evidence upon which the case was decided is found to be false or if two or morereceive different sentencesrime which was com ml tied by only one ofase may also be reviewed In this manner If It Is found that the authorrime is other than the person condemned. Review may be Instituted by the accused or by any member of the accused'sfamily or by the prosecutors of the Court of Appeal. All such cases are heard by the Supreme Court of Justice.
enal system
a. PrisonsJails and prisons, both national and local, fall within the Jurisdiction of theof Interior. Except for this fact no Informa-Uon ts available on the supervision andof penal Institutions.
The main prisons In Guatemala are located In the capital, where the Ministry of Interiorthe Central Prison for menmaller prison for women. All criminals In the country serving morene-year sentence are sent to one of these prisons. In Quezaltcnango, thereepartmental penitentiaryrison for women. Guards for the prisons are provided by the Guatemalan Army. There are small lockups In each town or village. In addition, therearger Jail for men in El Peten and similar ones for men and for women (segregated by sex) tn Alta Verapaz, Esculntla. Huehuetenango, Isabel. Jalapa, Jutlapa. El Quiche. Retalhuleu, Sacatepequez, San Marcos. Santa Rosa, SoIolA, Suchltepcquez, Totoni-capan. and Zacapa. It is estimated that the total
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3
AL
iro tial
of prisoners In Guatemala.
The budget for prisons (or the fiscalontemplated the following expenditures In
DEPARTAMENTO DE GUATEMALA
Salaries of admuustraUve and other per-
sonnel and guards 0
Remainm* or the country
Salaries, 2
The only penitentiary about which anyis available Is the Central Prison ofCity. This prison haa eight workshops:iron works, wicker, tailor shop, saddlery, clothmaklng, shoemaklng, and manual laborIn the budget for the fiscalt was estimated that Income from these shops would amount9 quetzales and that the cost of materials and operations would0 quetzales. The Central Prison alsoospital where,atients were treated
were transferred from the Ministry ofto the Ministry of Education. There are only two reformatories In the country, one for boys and one for girls, both located In Ouatemala City. They provide instruction In such trades as shoe repairing, carpentry, sewing, and basketweaving.
valuation
Relatively little information Is availableobservance of the penal and criminalcodes and the manner In which the Judges adhere to the letter as well as to Lhe spirit of the law. However, legal procedures arc frequentlyslow; months and sometimes years are required in order to bring common criminals to justice. Otherwise the codes are generallyexcept In political arrests; in such Instances it has been the police (see above, under Policeand not the courts that have been guilty of violating the prescribed laws.
Although the codes and subsequent legislation enacted by the Congress concerning prisons and reformatories contain modern and Idealisticof prison reform and rehabilitation, theof Interior's own Mtmoriaa clearly indicate that prisons, especially outside of the capital, areery poor state. The1 reportack of sufficient funds to administer the prisons. In addition, the absence ofprisons In local communities has frequently necessitated the renting of houses to be used asodern prison which was begun0 at Puerto Barrios has not yet been completed.
Prisons are notoriously lacking In facilities, and little attention is paid to the welfare andof the prisoners. Outside of Guatemala City, medical attention is almost nonexistent. Food is very poor, both in quantity and quality, consisting primarily of black beans and tortillas.eek prisoners are permitted visitors, who very often bring food and other necessities with them.
On the whole the penal institutions are poorly administered. Treatment of Inmates seems to be harsh and unconcerned with Uie welfare ofPrison guards generally manage to prevent the escape of prisoners, but they and otherwho are poorly paid even in the largerleave much to be desired in theof other duties.
Conditions within the reformatories are reported to have improved greatly since they were put under the jurisdiction of the Ministry of Education.are now being undertaken to rehabilitate the inmates, but it is still too early to gauge the result of this endeavor.
The public attitude toward the penal and reform system is one of apathy. In general, Uie well to do, displaying no Interest in improving social and welfare Institutions, raise no protest when Uiereduces or diverts funds allotted for the penal system. Their attitude is illustrated by the fact that no penal reform organization exists In Guatemala. The lower classes, whose members comprise the majority of the inmates either are generally apathetic about such conditions or feel that they are the victimsystem over which they have no control.
D. Comments on principal sourcesvaluation
The material available for the preparation of this Section was not uniform in quality, but the data used were considered reliable. Information was drawn primarily. Embassy reports, official Guatemalan publications, and Guatemalan newspapers.
Many gaps exist in the data. Laws andconcerning the police and penal system were for the most part available, but littleexists on the functioning of certain elements of the police organization, the manner in which the courts operate, and the actual conditions within the prisons. There also was insufficient Information on the attitude of the populationhole toward law-enforcement agencies andof laws. The lack of such information Is in part due to Uie Guatemalan Government'sto publish statistics and other pertinent data
OFFICIALS ONLY
' ConfidsKtial
71
these subjects. For example, lt Is generally from the complete Memorial that the bulk ofon the police and the penal system Isand4 only syntheses of official Memortas have been published. Because of the nature of the. Embassy reporting on these matters is usually limited.
Furthermore, information is extremely meager on the special circumstances prevailing with respect to the application of the police and penal system to the Indians, particularly in areas where they predominate. Even the limitedthat have been made in this Section must be regarded as somewhat tentative because of the lack of adequate detailed Information, thewide variations tn customs from one Indian group to another, and the changing conditions ln Guatemala, especially In recent years.
Guatemala City. Novem-Febwary0
x. List of sources
1 Dfarfo da Ctntro America.
1 la present.I Oiatemalteco. Guatemala City to present
Rosan, H. The Constitution) of the Amer.
teas. Chicago: University of Chicago Press. 4
CAdtgo penal, tnclurmdo las reformat
de one ha Udo objefo aorta la Itcha (Penal Code, Including Rerorms to. IMS.
UATUALA. SsCRBTARLt DC OOBERMACIOS V -'
(Ministry ofndodiso penalde proctdtmientot penolri de la RepibUca de Guatemala (The Penal Code and Penalof the Republic of. Rccopliactdn de las tenet de la Republica deIHi-lUi (Compilation of th* laws of theof Oustaraaland the same forollected by Rcsendo P. Mendez.uatemala, OA. BM.
OFFICIALS ONLY
Original document.
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