23. I gave a brief overview of LRWC and the IDC.

24. During the war, San Carlos University was deeply affected and the law school in particular had its’ ranks of students and professors decimated.  The school is now in the process of reconstruction and the Faculty is trying to bring themselves back to their more historical population.  But even recently the school has faced an assassination.  One of the seven lawyers that have been killed in the last seven months in Guatemala was a woman named Ofelia Paniagua who was a professor of Criminal Law and in charge of the Law School’s legal aid office. 

25. The school has publicly condemned the assassination but notes that as in most cases there has been no resolution to the investigation. 

26. The school is also restructuring their curriculum partly around the recommendations of the UN Special Rapporteur’s report. After six years of peace the director noted that there is just now recognition of the importance of helping the legal education process.

27.  The Law School is undertaking reform in the following three areas: 

i) the school is attempting to bring in admission criteria that would screen for students who truly have the ability and personal integrity to become lawyers;

ii) the school is attempting to implement training for both professors and practicing lawyers (and it was noted that while there have been a number of workshops for public prosecutors there is no continuing legal education institution in Guatemala); and

iii) the school is hoping to implement a number of professor exchanges with other schools and with law professors in other countries in order to bring in some outside perspectives into the current curriculum.

28. The school is bringing in a Masters Degree in Ethnicity and Law, which will be the only one of its kind in Guatemala. The director noted the importance of the percentage of indigenous people in the Guatemalan population. 

29. There are no guaranteed seats in the law school for special groups such as indigenous students or any other particular category. The school does have a number of branch schools in the interior, which are open for participation by the indigenous community.  There are also certain scholarships and food and housing bursaries available for indigenous groups.

30. The school is hoping to formalise an indigenous program of training. 

31. The director noted that the role of the law school is integral in the process of rebuilding the legitimacy of the rule of law in a country which has been at war for thirty-six (35) years and has only had a patriated constitution for fifteen (15) years.  He indicated that in general the Guatemalan population feels that the judicial system is irrelevant and he further said that delinquency in Guatemala is almost uncontrollable.  He also mentioned the recent lynching in Senahù as an example the lack of public respect faced by the legal system.  He said that the system must have international support if it is to work and survive.

32. The law school program consists of five (5) years of school in addition to a number of practicums and final exams.  While there is nothing, which parallels the articling process here, these students do undertake field studies, which see them working directly in various positions in the justice system.

33. The director noted that it was essential that law professors are prepared very well for the restructuring of the legal system, which is to come.  He also noted that the Guatemalan judicial system has undergone very substantial revision within the last few years.  He indicated that in his view there was a necessity to have professors coming from the international legal community to teach in Guatemala or for there to be some form of exchange on the professor level between law professors in Guatemala and in other countries. 

34. I indicated to him that I could see a number of possibilities for various types of exchanges with law professors in Canada and in particular with legal academics at the two universities in British Columbia. There would seem to be a natural connection between the First Nations’ Programs here and the potential for development of indigenous law in Guatemala.  Moreover universal subjects such as international law, environmental law, human rights, etc.  All represent points of departure for possible interchange between legal academics of both countries. I indicated to both the Director and the Academic Co-ordinator that I would be in contact with the legal academic community upon my return to Canada. 

June 7, 2001 11:00 am,  Fiscales from the Ministerio Publico: Leopoldo Zeissig and Mario Hilario Leal Barrientos

35. Leopoldo and Mario are the two Public Ministry lawyers for the Prosecution in the Gerardi trial.   Both have been subject to ongoing threats, incidents of harassment and constant surveillance during their involvement in the Gerardi case. They have been involved for one year and eight months in the preparation for the trial.  Both expressed fear that after the verdict they would receive ongoing threats and they asked me what Lawyers’ Rights Watch Canada could do for them in case they need to knock on our door. 

36. I outlined a number of possibilities, including direct letter writing with regard to threats that are made against them; issuing statements to the media in Guatemala which would serve to build public awareness with regard to the threats and instil the idea in the public’s mind that these threats are not going unnoticed by the international community.  I also indicated that we could lobby the Canadian Government to make a direct Government to Government representation with regard to any threats that they received.

37. The Fiscales said that they do have some police protection at the moment, but they are still very much concerned for their own safety and the safety of their families.  They indicated that their vehicles were constantly being watched as are their movements.

38. Zeissig described an incident where they knew that their vehicle was being followed by an unmarked car.  As the Fiscales car passed the entrance to the Headquarters of the EMP, the car that had been following them pulled into the Headquarters. Zeissig said it was a blatant example of their watchers not even in the least trying to hide who they really were. They had made note of the licence plate but it did not correspond with any licence plates that were registered to the military. 

39. Mario Leal described an incident that had happened the preceding week when the National Civil Police which had been guarding his house heard a car approaching the house.  The car turned its lights off, turned abreast of the house and the passenger side window was rolled down.  An arm appeared pointing a gun at Leal’s house.  The Police seeing this opened fire on the car and the car sped away. Leal noted that this was one of many acts of intimidation which had been directed towards them.