Section 1

10 Commissions of Inquiry Chapter 127 Ch. 70. [1st December, 1990.] WHEREAS, Complaints have been made by the Human Rights Commission of Belize, the Amnesty International and other human rights organisation against the arrest and deportation of a Guatemalan national, LUIS ARTHURO AREVALO, 50 years, by the Belize security forces towards the end of October, 1990; AND WHEREAS, it is alleged that the said LUIS ARTHURO AREVALO was tortured by the security forces, while in their custody; AND WHEREAS, the Belize Police Force can find no record of the arrest or deportation of any Guatemalan national bearing the name ‘LUIS ARTHURO AREVALO’, but have confirmed that one ‘RUAL ROBERTO AREVALO CRUZ’, 50 years’ old, Guatemalan national, was arrested towards the end of October, 1990 in the Caves Branch area of Cayo District on the basis of a complaint made by his common law wife, and that he was later returned to Guatemala, his country of origin; Commissions of Inquiry 11 AND WHEREAS, the Police have denied all allegations of torture or mistreatment of the said Guatemalan national; AND WHEREAS, it seems desirable to the Prime Minister that the complaints made by the human rights organisations should be fully and fairly investigated and that a Commission of Inquiry shall issue as hereinafter mentioned: NOW KNOW YE that by virtue of the powers and authority vested in me by section 2 of the Commissions of Inquiry Act, Chapter 70 of the Laws of Belize, 1980, I, GEORGE PRICE, PRIME MINISTER, do by this Commission appoint you the said HORACE YOUNG, RODWELL WILLIAMS and REV. LLOYD LOPEZ to be Commissioners for the purpose hereinafter mentioned with all the powers by the said Act conferred and I do authorise you the said Commissioners in the manner in the said Act provided to make a full, faithful and impartial inquiry into reports of the arrest, deportation and the alleged torture of a Guatemalan national, aged about 50 years, bearing the name ‘LUIS or AREVALO CRUZ’ by the Belizean security forces in late October, 1990, with specific reference to the following matters, to wit– (a) to investigate the circumstances surrounding the arrest of a Guatemalan national, ages about 50 years, bearing the name ‘LUIS or ROBERTO AREVALO CRUZ’ in late October, 1990; (b) to determine whether the said Guatemalan national was tortured or otherwise ill-treated by the Belize security forces while in their custody; 12 Commissions of Inquiry (c) to determine whether there was any violation of human rights and fundamental freedoms by the security forces in their dealings with the said Guatemalan national; (d) to investigate the circumstances leading to the deportation of the said Guatemalan national by the Belizean authorities; (e) to determine whether the Belizean authorities were in violation of any rule of national or international law in returning the said person to Guatemala; (f) to make recommendations regarding procedures for the treatment of persons in custody, having regard to the provisions of the Belize Constitution and other relevant laws, rules and regulations, and the international convention relating to human rights and fundamental freedoms. I DIRECT THAT you the said HORACE YOUNG shall be the Chairman of the said Commission to hold the Inquiry aforesaid, and I also direct that each of you having made and subscribed an oath or affirmation as required by law and having deposited the same with the Secretary to the Cabinet, you hold your meetings at such place or places and at such time or times as you the said Commissioners may appoint and that you the said Commissioners do make report as soon as may be practicable of the result of your Inquiry with such comments and recommendations as you may think fit, furnishing me with a full statement of your proceedings and of the reasons leading to the conclusions and recommendations at which you may arrive or report. I DO DIRECT that the Inquiry shall, except when you deem it necessary or advisable to do otherwise, be held in public. Commissions of Inquiry 13 AND I DO HEREBY REQUIRE AND DIRECT that all public officers and other persons to whom you may apply for assistance or information for the purposes of your inquiries and investigation to render all such assistance and furnish all such information as may be rendered and furnished in that behalf. MADE at Belmopan this 29th day of November, 1990. Prime Minister