Guatemala
Guatemala has specific provisions on terrorism in its Criminal Code as well as a 2005 law dedicated to tackling the financing of terrorism. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
Article 391 of the Criminal Code governs terrorism, stipulating simply that this involves criminal acts committed with the purpose of violating the constitutional order or disturbing public order.
Adherence to Global and Regional Terrorism Treaties
Guatemala is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Guatemala is also a State Party to the Inter-American treaty on terrorism.
| Treaty | Adherence |
|---|---|
| 2002 Inter-American Convention against Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Article 391 of the Criminal Code punishes terrorist acts. Where they concern fire or cause railway, maritime, or aerial disasters, the penalty is one of imprisonment for between five and fifteen years. If explosives "of great destructive power" are used to commit a terrorist crime or if death or serious injury results, the accused will be punished upon conviction with imprisonment for between ten and thirty years.
The Criminal Code also provides that murder for a terrorist motive makes it a legal assassination, which carries a prison sentence of between twenty-five and fifty years and, in aggravated circumstances, the death penalty.Art. 132(8), Criminal Code of Guatemala.
Counterterrorism Capacities and Policies at Domestic Level
Guatemalan law enforcement is primarily performed by the civilian-led National Civil Police of Guatemala (PNC), but is often assisted by its army, including for counterterrorism operations.
Glossary
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