A/HRC/30/34 dignity, personal and family intimacy and confidential communications, or any other right protected by the Constitution and international human rights treaties.51 71. Guatemala is the only reviewed State that prohibits private security companies from recruiting a person who has worked for another such company and was dismissed for human rights violations. Costa Rica sanctions an individual or a company that violates the prohibition on detaining someone and depriving him or her of his or her freedom. 72. Mexican law provides criteria to determine the appropriate sanction applicable to an infraction. Guatemala has established the crime of “illegal provision of private security services” when such services are provided without authorization and made it punishable by a 6–12 year prison sentence and a fine.52 In Costa Rica, private security personnel who operate with suspended or cancelled permits can receive a prison sentence of between three months and two years.53 Ratification of conventions on mercenaries 73. Only three of the eight countries studied have ratified the International Convention Against the Recruitment, Use, Financing and Training of Mercenaries: Cuba (2007), Costa Rica (2001) and Honduras (2008). This convention has not been referred to in the laws reviewed. South America Scope of the legislation 74. For Argentina, which has a federal system wherein regulations are implemented by each province, the regulations of the Province of Buenos Aires are analysed. 75. All regulations reviewed cover the provision of private security within that country. There are no laws applicable beyond national borders and no reference to extraterritorial application. The export and import of private security services are not regulated. 76. The rules do not regulate private military security services or mention military and private security companies. 77. In general, private security services are provided for guarding property and persons, including at public events, by personal body guards, detectives or private investigators, through consulting services, technological surveillance and alarm services, the marketing of equipment for guarding and private security and for the transport of valuables. Regarding armoured transportation in Argentina, Act No. 12.297/1999 (Buenos Aires) covers the transportation, guarding and protection of any legal transfer, except the transport of funds. It also covers private services, such as obtaining evidence for civil law suits. 78. Several regulations classify private security services as armed or unarmed. Colombian law stipulates that services can be provided by individuals without firearms. Ecuador classifies services as fixed guard duty, mobile guards and private investigation. 54 Guards cannot carry firearms in the Plurinational State of Bolivia. 79. Several regulations, like those of Colombia, also recognize private security services that are part of a company’s own security provisions.55 There are also special guard services 51 52 53 54 55 14 Act No. 51/2010, art. 58 (3b). Act No. 51/2010, art. 66. Act No. 8395/2003, art. 53. Act No. 2003/12, art. 2. Act No. 356/1994, art. 17.

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