CAT/C/GTM/CO/7

Guatemala (CAT 26-12-2018)

The Committee against Torture considered the seventh periodic report of Guatemala (CAT/C/GTM/7) at its 1689th and 1692nd meetings (see CAT/C/SR.1689 and CAT/C/SR.1692), held on 16 and 19 November 2018, and adopted the present concluding observations at its 1711th meeting, held on 3 December 2018.

Concluding observations

Attacks against lesbian, gay, bisexual, transgender and intersex persons

32. The Committee is concerned at consistent reports that lesbian, gay, bisexual, transgender and intersex persons are subjected to violence because of their sexual orientation or gender identity, including physical attacks and other ill-treatment. The Committee is also concerned at reports that the hate crimes against such persons have significantly increased since the introduction of the federal law prohibiting “propaganda of non-traditional sexual relations”. The Committee expresses its particular concern at reports that during the “anti-gay purge” in March 2017, the Chechen police and military officials and others arbitrarily detained and tortured with electric devices men presumed to be gay and encouraged their families to make them victims of honour killings. The Committee is concerned at reports that Chechen law enforcement officials themselves participated in the pre-investigation into these allegations and that, as stated by the delegation during the dialogue, no facts were established and thus no criminal proceeding was opened (arts. 12, 13, 14 and 16).
33. The State party should:

(a)Ensure that those responsible for violent attacks and hate crimes against persons on the basis of their sexual orientation or gender identity, in particular with respect to the violent incident in Chechnya in March 2017, are charged, investigated, prosecuted and, if found responsible, punished;             

(b) Repeal the law prohibiting “propaganda of non-traditional sexual relations” which promotes stigma and prejudice against lesbian, gay, bisexual, transgender and intersex persons;

(c) Provide training to law enforcement officials and the judiciary on detecting and combating hate-motivated crimes, including those motivated by sexual orientation or gender identity.