The European Parliament,

-  having regard to its earlier resolutions on the situation in Guatemala, with particular reference to the resolution of 18 May 2000(1) ,

-  having regard to its resolution of 16 March 2000 on support for the Geneva Conventions of 12 August 1949 and international humanitarian law(2) ,

-  having regard to its firm and steady commitment to peace processes in general and to the peace and reconciliation agreements in Guatemala in particular,

-  having regard to the Declaration by the Presidency of the European Union of 25 April 2001 in relation to the third anniversary of the death of Bishop Juan Gerardi, the court sentences recently handed down in connection therewith, and the call for an end to impunity,

A.  whereas the State of Guatemala has ratified by the Geneva Conventions of 1949 and the Convention on the Prevention and Punishment of the Crime of Genocide,

B.  whereas the Commission for Historical Clarification has recommended that, in particular, those responsible for instigating or promoting crimes against humanity, including genocide, be brought to justice by the Guatemalan authorities,

C.  whereas President Portillo of Guatemala has declared publicly that the recommendations of the Commission for Historical Clarification must be converted into undertakings of government and state,

D.  whereas the Member States have an obligation to respect and ensure respect for international humanitarian law,

1.  Calls on the Guatemalan authorities to carry out a full investigation into the allegations of crimes against humanity and genocide and, in particular, to bring those responsible for planning, instigating or promoting such crimes to justice in Guatemala;

2.  Asks the Commission and Member States to closely monitor progress of the case recently brought against the Military High Command of the Guatemalan Armed Forces concerning the alleged genocide in 1982;

3.  Welcomes the fact that President Portillo has repeatedly demonstrated his determination to clarify the circumstances surrounding the tragic death of Bishop Gerardi and to ensure that the perpetrators and instigators of the crime are brought to justice; welcomes also the determination shown by the Guatemalan judges to bring the 'Gerardi trial' to a close;

4.  Welcomes the latest decisions taken by the courts in connection with this case and asks - and expects - the Guatemalan authorities to guarantee the Guatemalan judicial authorities responsible for investigating the crimes full independence and complete freedom in carrying out their work;

5.  Expresses concern at the recent acts of violence perpetrated in the country, the victims of which included judges and other judicial officials, as well as human rights activists and defenders, journalists, political leaders and some EU citizens;

6.  Firmly condemns such acts, which seriously undermine the climate of peaceful coexistence and respect for the rule of law which are essential to the process of Guatemalan national reconciliation; calls on the Guatemalan government to ensure that the necessary mechanisms are in place to protect potential victims of such attacks and that the perpetrators are brought to justice, so as to eliminate the risk of impunity, in line with the recommendations of the Commission for Historical Clarification;

7.  Asks the Commission and Member States to support the initiatives currently in progress, especially those against the Military High Command of the Guatemalan Armed Forces in 1982, with a view to bringing those responsible for genocide and crimes against humanity to justice and also to support the Guatemalan State in protecting witnesses, lawyers and human rights organisations involved in bringing legal actions against those allegedly responsible for these crimes;

8.  Emphasises the special importance of ending the atmosphere of impunity for political crimes and gross human rights abuses;

9.  Expresses its support for the Guatemalan people and authorities in their efforts to implement the peace accords so as to consolidate democracy, the rule of law and economic, social and political development in their country;

10.  Calls on the Commission to keep a watchful eye on Guatemala's progress towards peace and democracy;

11.  Instructs its President to forward this resolution to the Council, the Commission and the Member States, and to the Guatemalan Government and Parliament, the Secretary-General of the OAS and the Central American Parliament.

(1) OJ C 59, 23.2.2001, p. 286. (2) OJ C 377, 29.12.2000, p. 335.