A/HRC/12/18
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Guatemalan courts. It also carries out efforts to promote legal and institutional reform. OHCHR
Guatemala, in coordination with the Commission, provided technical assistance to the
Department of Civilian Intelligence with regard to the creation of a criminal analysis unit, and to
the National Civilian Policy authorities on a plan to restructure criminal investigations. OHCHR
Guatemala, jointly with the Commission, also trained assigned police in the investigation of
human rights abuses. OHCHR Guatemala also provided technical assistance to the Public
Prosecutor’s Office in strengthening the disciplinary system as well as protection of witnesses
and others involved in criminal proceedings.
2. Prosecution initiatives
19. Prosecution initiatives aim to ensure that those responsible for perpetrating serious
violations of human rights and international humanitarian law are tried and duly punished. States
have primary responsibility to exercise jurisdiction over these crimes (see
E/CN.4/2005/102/Add.1, principle 20). Therefore, a sustainable transitional justice strategy
seeks to develop national prosecutorial capacities. At the same time, States emerging from years
of conflict may be unable or unwilling to conduct effective investigations and prosecutions. In
such situations, international and internationalized criminal tribunals may exercise concurrent
jurisdiction. Regardless of the form prosecution initiatives take, they must rest on a clear
commitment to combating impunity, focus attention on the needs of the victims, and comply
with international standards of fair trial. OHCHR has provided technical assistance and
monitored prosecution initiatives to ensure their compliance with international human rights
standards.
(a)
Africa
20. HRU UNMIS (United Nations Mission in the Sudan) monitored trials conducted by the
Special Criminal Court on the Events in Darfur and reported its concerns about the Court’s
failure to deal with major violations of human rights and international humanitarian law which
were committed during the conflict in Darfur.
21. The United Nations Organization Mission in the Democratic Republic of the Congo
(MONUC) has provided information and technical support to prosecutors in certain high-profile
human rights cases. To build the long-term prosecutorial capacities of the civilian and military
justice systems of the country, MONUC is exploring the possibility of establishing mixed
prosecution support cells in several eastern provinces. Led by a MONUC judicial adviser and
composed of civilian and military prosecutors and police officers, such cells would train and
assist judicial officials in the Democratic Republic to ensure impartial and effective investigation
and prosecution of serious crimes.
22. The Special Court for Sierra Leone is a hybrid tribunal established in 2002 pursuant to
Security Council resolution 1315 (2000) and following an agreement between the Government
of Sierra Leone and the United Nations, with jurisdiction over persons bearing the greatest
responsibility for serious crimes committed during the conflict. The human rights and rule of law
components of the peacekeeping missions in Sierra Leone have monitored the trials of indictees,
provided expert testimony to the Court, and facilitated a technical conference between the
Special Court and the Truth and Reconciliation Commission. Two cases addressing human rights
violations committed during the conflict have also been prosecuted in the national courts.
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