Título III. Prevención, protección y atención de las víctimas

Prevention is understood as the preparation and provision of means to avoid sexual violence, exploitation and trafficking in persons, before its manifestation, through direct intervention on its causes and the risks of incurring therein.

It is the prompt, comprehensive and effective intervention of the competent authority to guarantee the victim access to administrative or judicial measures that prevent the continuation of the threat, restriction or violation of their rights, as well as the restitution and reparation thereof.

The competent authorities, under their own responsibility, must initiate on their own initiative the administrative and judicial procedures to guarantee the protection of the victim.

It is the prompt, comprehensive and effective intervention by the competent authority that guarantees the victim their physical and psychological recovery, as well as social and family reintegration, with particular care for their age, gender and cultural identity.

In care programs, the opinions of the victims must be consulted and considered. Mechanisms shall be established to facilitate participation in accordance with their age and maturity in cases of persons who are minors.

For the purposes of this Law, victim shall mean the person who, individually or collectively, has suffered damage, physical or mental injury, emotional suffering, financial loss or substantial impairment of their fundamental rights, as a consequence of acts or omissions that violate criminal legislation. Family members or dependents who have an immediate relationship with the direct victim, and persons who have suffered damage in intervening to assist the victim in danger or to prevent victimization, shall also be considered victims.

The rights of the victim are, at a minimum, the following:

a.Privacy of the identity of the victim and of their family,

b.Physical, psychological and social recovery,

c.Family coexistence,

d.Legal and technical assistance and an interpreter during care and protection, to have access to information in the language they actually understand.

e.Legal and technical assistance and an interpreter for [protec]tion or shelter. For minor persons, the Procuraduría General de la Nación shall assign the corresponding procurator attorneys,

f.Stay in the host country during the care process for the trafficking victim,

g.Comprehensive reparation for the harm suffered,

h.The protection and restitution of rights that have been threatened, restricted or violated, and

i.Others intended to safeguard the proper development of their personality, integrity and their human rights.

The rights set forth in this article are integral, non-waivable and indivisible.

The rights to be restored, protected or guaranteed, among others, are: life, integrity, health, education, adequate living conditions, family coexistence, emotional recovery, technical training, recreation and all those recognized by the Political Constitution of the Republic of Guatemala, laws, treaties and international agreements in force in the country.

In cases of suspicion or confirmation of the threat, restriction or violation of any right established in this Law, it must be communicated or reported immediately to the competent administrative and judicial authorities.

The complaint may be filed under reservation of confidentiality.

Without prejudice to the international commitments relating to the free movement of persons, the migration authorities shall, at a minimum:

a.Strengthen the border controls necessary to prevent and detect trafficking in persons,

b.Verify that the identity, travel and means of transport documents are not false,

c.Verify the nature of the relationship between the minor person and the accompanying adult.

d.Exchange information to determine the means used by the perpetrators of the crime of trafficking in persons, the routes and the links between persons and groups involved in such trafficking, as well as possible measures to detect them.

When the Public Prosecutor's Office becomes aware of a case such as those referred to in this Law, it shall inform the victim about the protection and care system that may be provided to them.

If the victim is a minor, the Public Prosecutor's Office shall immediately communicate it to the Children and Adolescents Court for the initiation of the protection proceedings.

If the victim is a foreigner, the competent authority must give immediate notice to the corresponding consular agency.

REPATRIATION PROCESS FOR PERSONS WHO ARE VICTIMS OF TRAFFICKING

Victims of trafficking shall be repatriated only after official communication has been established with the representatives of their country of origin, to whom they shall be delivered under their protection.

The State of Guatemala shall coordinate the repatriation process with the country of origin, requesting support from the latter to defray the related expenses, without prejudice to the right of asylum or residence.

The Attorney General's Office, as legal representative of children and adolescents, shall be in charge of the repatriation process for minors.

In any case, the Ministry of Foreign Affairs, through its consulates, shall facilitate legal assistance to Guatemalans who are victims of trafficking in persons abroad, for the purpose of ensuring their protection by the State of Guatemala in the country where they are located.

The Ministry of Foreign Affairs shall work with its counterparts in the countries of origin of victims of trafficking in persons, with the objective of achieving orderly and safe repatriations, within the framework of human rights, taking into account the safety of the victim and the status of any legal procedure related to the act that gave rise to their status as a victim. Without prejudice to the repatriation process, health and psychological services that ensure the well-being of the victim shall be provided, in addition to the right of asylum or temporary or permanent stay in the territory of the State.

Where it is safe for the victim to return to their country of origin, repatriation shall be carried out without undue or unjustified delay. For such purposes and where the victim lacks proper documentation, the Ministry of Foreign Affairs shall promote, in coordination with the country of origin, the travel documents or authorization necessary for their return.

The Ministry of Foreign Affairs shall guarantee, at a minimum, the following rights:

a.Migratory accompaniment and advice, referring to the competent entities.

b.The application of measures intended to safeguard their integrity, privacy and to provide for the physical, psychological and social recovery of trafficking victims, coordinating with the Comprehensive Care Centers.

c.Facilitating communication with relatives or affective referents in the country of origin in order to facilitate their reintegration.

d.Promoting coordination with migration entities and consular corps and protection authorities of the victim's country of origin, for the purpose of guaranteeing their protection and care during and after repatriation.

The Secretariat of Social Welfare and the Ministry of Foreign Affairs shall promote the discussion, formulation, implementation, monitoring and evaluation of:

a.Interinstitutional Protocol for the Protection and Assistance to Victims of Trafficking in Persons; and,

b.Interinstitutional protocol for the Repatriation of Victims of Trafficking taking into account the opinions and wishes of the victim not to be repatriated.