Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states:
ARTICLE 154. Principle of the inviolability of the defence. Adolescents shall have the right to be assisted by counsel, from the beginning of the investigation until they are subjected to the sanction imposed on them.
ARTICLE 155. Rights to defence. Adolescents shall have the right to present the evidence and arguments necessary for his or her defence and to refute [evidence or arguments] when necessary.
ARTICLE 156. Principle of contradiction.
Adolescents have the right to be heard, to present evidence, to interrogate witnesses and to refute counter-arguments. The latter shall be guaranteed by the intervention of counsel and the prosecutor.
The Law also states: “Counsel.
From the beginning of an investigation and during the entire process, adolescents must be assisted by counsel and no testimony may be taken from them without the assistance of counsel.”