Such attitudes coupled with the lack of genuine sanctions for officials who fail to take action to prevent violence against women continues to perpetuate the idea that female victims are to blame for their own deaths and that violence against women is acceptable rather than a violation of girls' and women's fundamental human rights. (20) See La Nación, Violencia se ensaña con mujeres en Guatemala, 2 April 2006 and Feminicidio en Guatemala. Download the PDF Statement Here In the case of women, however, 69% are murdered using a firearm and in 31% of cases the attackers use direct physical violence (knives, blunt objects, strangulation). Central Americans targeted by gangs face a difficult choice: leave everything behind or stay put and risk death. I. 6. Immediate, coordinated, full and effective investigations into all cases of abduction and murder of women and girls, ensuring that international standards, in particular in relation to crime scene investigation and autopsies, are followed; Urgent search mechanisms in cases of women and girls reported missing as well as a comprehensive data collection system of women reported missing; The incorporation of a gender perspective into the analysis and treatment of violence against women in policing and judicial practice, including the introduction of standard guidelines and procedures to cover all stages of criminal investigations; Promotion of a campaign for zero tolerance of acts of violence against women and that those responsible, including members of the security forces and non-state actors, will be brought to justice; The removal of discriminatory legislation in line with international standards on violence against women. U.S. Capitol Police Chief Steven Sund, Senate Sergeant at Arms . Amnesty International believes that this suffering caused to relatives often amounts to cruel, inhumane and degrading treatment. (37) See www.un.org/News/Press/docs//2006/wom1559.doc.htm and www.un.org/womenwatch/daw/cedaw/cedaw35/cc/Guatemala_rev.pdf. Guatemala's police force is vastly over stretched In total, there are estimated to be as many as 150,000 private security guards in the country, compared with a police force of just 30,000.. (18) Cases of Maria A. López Camas and Suly Niseyda Leonardo and Maria C. Menchu Tacan. (43) Nueve capturas por 90 feminicidios, Siglo XXI, 5 May 2006. While individual autopsy reports may include information as to whether the victim had suffered sexual violence prior to being killed, this information is lost in official statistics from the Forensic Investigation Service. Child marriage. While the reactivation of investigations is a positive step, it is likely that critical evidence has been lost. But these efforts are dependent on the financial aid and political backing of donors. Considering the positive police response after the only undisputed report, the lack of any indication that the police would not assist if called again, and the legal protections and services discussed in the country reports, it was reasonable for the BIA to decide that the authorities were ab le and willing to protect petitioners. Victim's families that do undertake investigative efforts or press the state to pursue investigations are subject to threats, harassment, and attacks. (18) As noted by the PDH no arrests were made in 97% of cases,(19) more than 70% of the cases have not been investigated and the motive for the killing is unknown. ), Chairman of the Environment and Public Works Committee, senior Democrat of the Homeland Security and Governmental Affairs Committee, and Chairman of the International Trade Subcommittee on Finance, returned from a 6-day bipartisan, bicameral congressional delegation visit to Mexico, Guatemala and Honduras to discuss the root causes of . Although some senior government officials have publicly recognized the seriousness of the killings, Amnesty International is concerned that individual officials, including those at the highest levels of the PNC, still place the blame on the victim and have also made unfair and unsubstantiated generalizations as to the identity of the victim. The Guatemalan government should state that gender-based violence is unacceptable and will not be tolerated. Due to the COVID emergency, Guatemala closed its borders, but continued to allow entry of Guatemalan nationals adults and children, accompanied or unaccompanied who are deported from the U.S. or from Mexico. removal, and protection under CAT with the Immigration Court. There is no single, fail-safe formula for reshaping an institution as complex as the police. An urgent search mechanism for missing women and girls should be created without further delay. Without strong and consistent backing from the national government, business, civil society and the international community, the lessons learned from these pilot projects may be lost before they can be perfected and replicated. In April 2006 AI was informed that 552 women were murdered during 2005. Contradictory and incomplete data relating to the killings of women and girls, including the near total invisibility of gender-based violence in official reports and analysis, continues to prevent the authorities from determining both the extent and the gender-based nature of the violence suffered by the victims. Judicial authorities do not collect disaggregated statistics for the number of sentences in cases of murdered women and girls, making it difficult to obtain an accurate picture of the number of successful prosecutions at a national level in cases of women killed and whether the number is increasing. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. The Public Ministry's Witness Protection Programme should be strengthened to guarantee the safety of both witnesses and family members. As one of the Unit's police officers told Amnesty International we don't have the tools to carry out the work. Then my brother-in-law went to the homicide department; and they said nothing could be done. She knows the police in Guatemala will not protect her. (42) See CAT/C/GTM/CO/4, 18 May 2006, www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GTM.CO.4.pdf. Such training should refer to international standards and expertise including on how to detect, document and investigate cases of gender-based violence. News March 2, 2023 Colombia: The National Police must be comprehensively reformed. The investigator said they thought Claudina was a nobody because she was wearing sandals and a belly button ring. P. 34(a)(2). Fear of reprisals and lack of available protection were quoted by both the PNC and Public Ministry as one of the main reasons why investigations were archived. Pending the final decision as to the legal validity of the Article, in cases of rape of minors (over 12 years old), criminal responsibility cannot be waived with the marriage of the rape victim and her rapist. Telephone interview with police investigador, 16 May 2006. At approximately 9:30 pm on 27 July 2005, 20-year-old university student Cristina Hernndez(1) was forced nto a grey car outside her home by four men. While different state bodies and non-governmental organizations present different statistics, all statisticts indicate that the number of women killed since the launch of No Protection, no Justice has increased. 2. On 1 December 2005 another decapitated woman was found in a tunnel in Guatemala City. Page 234, available at: http://hdr.undp.org/2005. (29) Article 116 of the Guatemalan Penal Code gives relatives the right to propose avenues of investigation, participate in proceedings, request certain tests or examinations and seek the intervention of a judge if they disagree with a prosecutor's decision not to carry out a particular line of investigation. (19) Quoted in the press: La Nación, Violencia se ensana con mujeres en Guatemala, 2 April 2006. Her parents called the police immediately as the car drove slowly down the hill towards the main road, but were reportedly told that without more details the police could not take action. There are also encouraging developments within the area of preventive or community-oriented policing. Police Reform in Guatemala: Obstacles and Opportunities, Curtain Falls on Guatemalas International Commission against Impunity. (12). This coverage helped highlight all the shootings that were happening by the police. AI Index: AMR 34/013/2006. Police are often also entrusted with various licensing and regulatory activities. (24) On many occasions interviews do not take place until months after the crime when witnesses or family members are no longer willing to talk or cooperate, often because they have been threatened. Congress should approve the draft law to criminalize sexual harassment and the draft law (no. Given Guatemala's incapacity to provide effective protection and the risk that some transferees would face the threat of serious harm either in Guatemala or after returning to their home. To Amnesty International's knowledge convictions for cases of women killed between 2002 and 2004 were secured in 15 cases in 2005. Amnesty International offers the following set of recommendations to complement and reinforce those previously made and those of other national and international experts. 5 in Mixco, as after that I didn't feel like going. According to the police Female Homicide Unit by the end of 2005 they had archived 100 cases out of a total of 224 cases of murdered women and girls allegedly due to a lack of evidence because families no longer wanted investigations or witnesses were no longer willing to talk for fear of reprisals. But all too often citizens distrust and fear the police widely dismissed as inefficient, corrupt and abusive as much as the criminals. According to the PDH, "the difference is that in the case of women they make them suffer more before being killed."(16). In the face of chronic deficiencies in the investigation of cases of murdered women and girls, in April 2006 the PDH presented a proposal to the Public Ministry and Judiciary which would allow the PDH to oversee the investigation of cases of murdered women and girls throughout Guatemala. (24) Interview with Female Homicide Unit of the PNC, 6 April 2006. The. Senator Tom Carper (D-Del. (45) www.unhchr.ch/huricane/huricane.nsf/view01/C7F2A41A172BC438C125717D0056605A?opendocument. High levels of social conflict continue in Guatemala today as a result of the exclusions of the past, a weak state presence and response, lack of legal certainty of land and property ownership, polarization of ideas borne from the armed conflict and in some other cases the difference of opinion in which development model to adopt in the The alarming number of killings and lack of an effective government response has also caught the attention of the international community and prompted demonstrations across Latin America and hearings in the European Parliament and the US Congress. The ongoing suffering of hundreds of relatives seeking justice for women and girls who have been brutally killed, is exacerbated by the indifference and discrimination they face when they seek help from the authorities. Intense gang warfare continues to plague El Salvador, undeterred by successive governments' heavy-handed and militarised repression policies. A more aggressive method must be implemented without delay as without a gender perspective the investigation into the killing of a woman is contaminated. International Commission of Jurists (ICJ), December 2005, p 79, see www.icj.org/IMG/pdf/Informe_CIJ_Guatemala.pdf. The law requires officers to hold at least a high school degree, but they often had much less, and some individuals had as little as six months of police training before being sent out on the streets. Ministerio Público, www.mp.lex.gob.gt/memorias, (22) La Justicia en Guatemala: Un Largo Camino por Recorrer. Informe de muertes violentas de mujeres, PDH, 2005. with regard to the Guatemalan Government's implementation of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The response by police authorities to reports of missing women or girls, including cases where there are witnesses to their abduction, continues to be inadequate. In common with some other Central American countries, Guatemala experiences high levels of violent crime. Since 2001 over 2,200 women and girls have been murdered in Guatemala and the rate of murders is on the increase. (33) The opinion includes the proposal to criminalize violence against women in the family (violencia intrafamiliar), to remove the legal provision that it is only a criminal offence to have sexual relations with a minor as long as the victim is considered "honest" (una mujer honesta),(34) to abolish Article 200 which waives criminal responsibility for rape and certain other crimes of sexual violence (if the victim is more than 12 years old) upon the perpetrator's marriage with the victim and to extend the definition of rape, including by making marital rape a criminal offence. Guatemala once again had the fourth highest rate of killings worldwide of land and environmental defenders per capita; 13 were killed in 2020, according to the NGO Global Witness. On 6 November 2005, the dismembered parts of an unidentified woman were found in three bin bags in Guatemala City. A previous document from the same unit, however, stated that this figure was 665, of which 195 of the cases were termed as "non-violent" deaths. To Amnesty International's knowledge no steps have been taken to change the perception that many women are in some way to blame for their own deaths or to sanction officials that make such statements. Advocacy efforts involve engagement of communities, traditional and . Fear of reprisals stops many families from seeking justice for the killing of their loved ones. The majority (23.8%) of cases classified as "solved" were "archivado" (cases where the Public Ministry desisted from the prosecution either because of alleged lack of collaboration from witnesses or family members, at the request of victims' families or due to lack of evidence), "dismissed" (desestimaciones y actos conclusorios) (8.4%), the suspects were cleared (2.6%) or the cases were provisionally closed (2%). The continued vulnerability of women and girls reported missing is also symptomatic of the failure to recognize the killings as a public security issue and to undertake measures to ensure an immediate response to cases where women and girls are in immediate danger. It is unclear whether reform efforts have enough support within the PNC hierarchy to survive over the long term. The friend that was with her at the time but who managed to escape was able to testify against him. On 7 December 2005, unidentified individuals went to Cristina's father's work place claiming they had a parcel to deliver from Miami and needed his home address, but refusing to identify themselves. For those children who are in residential care, there have been different effects. Country Summary: Violent crime such as extortion, murder, armed robbery, carjacking, narcotics trafficking and gang activity are common in Guatemala. This adversely affects their physical health as well as the . It is difficult to establish a clear picture regarding the extent of the violence perpetrated against women or to draw conclusions regarding the identity or the motives of the perpetrators due to the poor quality of investigations and the absence of documentation regarding gender-based violence suffered by the victim prior to being killed. (9) It called on the Guatemalan government to: A number of relatives have also complained about having to prove that their family member was "respectable" or that she had not been involved in any crime before the authorities would take their complaint seriously. She had been shot and traces of semen were found on her body. UNICEF Botswana focuses on strengthening institutions to prevent and respond to gender-based violence, abuse, neglect, and exploitation of children. Solution. Other basic lines of investigation were not pursued such as seeking witness statements at the hotel where "la mudita" worked. For example, tests on the principal suspects, to ascertain if they had fired a gun, were not carried out. Since 2007, the CICIG has supported corruption probes that resulted in the indictment of Guatemala's former president and vice president; the [] (15) Many victims are raped, tortured or mutilated before being killed. Corporation is Suing Guatemala to Crush Local Mining Opposition . According to the police unit charged with the investigation of murders of women in the department of Guatemala, during 2005 there were up to a total of 665 murders of women throughout the country 246 murders of women in the department of Guatemala alone a 26 % increase from 2004 (527). Clara Fabiola García subsequently died in hospital. Acts of harassment and intimidation against relatives of murdered girls and women, witnesses or members of organizations who support them should be thoroughly investigated and the perpetrators bought to justice. It called on the Guatemalan government to: take without delay all the measures necessary to put an end to the murders and disappearances of women and the impunity of perpetrators. "Impunity" is the issue relatives often refer to as being one of the major contributing factors to the deaths of their loved ones. (37), In addition, certain other key proposals are not included in the opinion, such as the proposal to criminalize sexual harassment. While the PNC collects statistics on complaints of rape, information as to whether the victim experienced sexual violence prior to being killed is not processed, except in cases where the cause of death was the rape itself (which occurred in one case during 2005). After repeated requests, including by the Inter-American Commission on Human Rights, in February 2006 one police officer was finally stationed outside her home during the day from Monday to Friday. Despite recommendations made by Amnesty International and others, no urgent search mechanisms or comprehensive data collection system of women and girls reported missing have yet been created. This should also include the period following a conviction when individuals are still at risk of retaliatory violence. Level of coordination and quality of investigations, Collection of data on violence against women. By continuing to browse the site you are agreeing to our use of cookies. Clearly, children have little protection or support available in this area and are left without any security. Tratamiento por parte de la justicia penal de Guatemala. (44) See Urgent Action, AI Index AMR 34/017/2006, 8 June 2006. After Cristina Hernndez was murdered in July 2005, her family went into hiding in fear for their safety after they were intimidated. These contextual factors complicate the identification of neglect and raise a number of difficult dilemmas for child protection workers that are exacerbated by limited Guatemalan legislation on. Steps need to be taken to guarantee the independence, and availability of adequate human and financial resources of the recently established National Forensic Institute. The level of coordination and cooperation, in particular, between the PNC and the Public Ministry continues to be extremely poor. Once in the gang, children are forced to steal or engage in illegal activities to help support the gang. The main threat to young people in Guatemala is the high level of impunity for crimes against children and adolescents. The realities were much closer several weeks ago in Guatemala, . Her killers remain at large. This site uses cookies. Only a few months later, under the leadership of a retired Lieutenant Colonel that served during the genocidal dictatorship of Efran Ros Montt, the police drew . On receiving his sentence "Small" reportedly threatened Clara Fabiola García that she would pay for testifying against him. The United States is also making it more difficult for unaccompanied children in the care of the Office of Refugee Resettlement (ORR) to unite with relatives already in the country. Guatemala Executive Summary The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemala's battle against crime. This lack of action is at least partially because the defenders themselves are hesitant to report violence perpetrated against them, so the problem remains invisible. Impact of Reporting Gang Activities to Police in Guatemala Nov 10, 2021 Indigenous Discrimination and Danger in the Mexican State of Guerrero While Amnesty International was informed that talks are underway within the Commission to Address Femicide to create a database which would record and cross-reference cases of disappeared women and girls with the discovery of dead bodies, at the time of writing no such mechanism existed. (23) See Policía Nacional Civil busca investigadores, El Periodico, 6 January 2006. Guatemalans gathered in Plaza de la Constitucin in downtown Guatemala City, which has been renamed by feminist collectives as Plaza de las Nias in memory of the 41 girls who died inside a state-ran . Her sister, also a sex worker, who witnessed the killing, reportedly informed the Public Ministry that two plain-clothed policemen shot her sister. For decades, the process of electing the highest authorities in the justice system has been riddled with illegalities, weakening the institutions that comprise it. The nongovernmental organization (NGO) Unit for the Protection of Human Rights Defenders (UDEFEGUA) alleged that at least seven members of rural and indigenous activist groups were killed or died in disputed circumstances between January and November. The family of Cristina Hernndez took part in the demonstration, carrying a banner with a photo of Cristina and appearing in the media. Police agents are obliged to take immediate action to locate women who have been reported missing or respond to emergency calls where witnesses report that someone has been abducted. (5) The women's organization Sobrevivientes (Survivors) puts the figure at 243 based on press reports and visits to the city's central morgue. The Constitutional Court should permanently remove Article 200 from the Guatemalan Penal Code in line with its international obligations regarding violence against women and Article 46 of the Guatemalan Constitution which provides that international human rights treaties take precedence over internal law. Compounding the difficulties reformers face is that change must take place following a decade of rising violence, much of it fuelled by organised crime, including Mexican drug cartels. KCA sued the national police in domestic courts for more protection. Amnesty International welcomes these proposals as a critical step towards the removal of legislation that is discriminatory towards women. The new president, a retired general, campaigned on the promise that his government would combat crime with an iron fist. Then, under the Migrant Protection Protocols (MPP), those who seek asylum in the U . Guatemala On July 5, 2005, officials from the Guatemalan government's human rights office (PDH - Procuradura de Derechos Humanos) entered a deteriorating, rat-infested munitions depot in downtown Guatemala City to investigate complaints about improperly-stored explosives. The murder of 26-year-old Clara Fabiola García, witness to the murder of two sisters, 15-year-old Ana Berta and 18-year-old Elsa Mariela Loarca Hernndez on 7 August 2003 in Guatemala City bears testament to the failure of the authorities to guarantee the effective safety of witnesses. Small monthly salaries of approximately 4,000 quetzals ($535) created an incentive to extort bribes. (34) Article 180 applies to articles 176 and 177 (estupro, sexual activity with a minor) that state that the honesty of the woman or in this case a minor is a basic requirement for establishing the existence of a crime. (13) Many of the concerns expressed in this report apply equally to the failure to adequately investigate murders whether of men or women. An average of 101 murders per week were reported in 2018. Then after two hours of searching everywhere I went back to the police station to see if they had any newsthey claimed I hadn't reported anything and so they'd done nothing. The obligation to investigate and prosecute all cases of murders ex-officio rarely happens. That In the case of 20-year-old Cristina Hernndez, killed on 27 July 2005, for example, Amnesty International was informed that the Public Ministry was not actively investigating the case allegedly because the father is no longer collaborating. The report was reviewed by The New . (36) For example on 25 November, International Day for the Elimination of Violence against Women, at the initiative of the Congressional Commission on Women, the Guatemalan Congress passed resolution 20-2005 in which it committed itself to taking steps to eradicate violence against women in Guatemala, in particular to legislate against discriminatory legislation. Official statistics continue to mask low prosecution rates. Amnesty International concurs with other national and international experts that the steps taken by government authorities since have been wholly insufficient to address the scale of the problem. (6) Despite considerable national and international concern including two visits and subsequent recommendations by the United Nations and Inter-American Commission special rapporteurs on Women women and girls continue to be murdered with impunity in Guatemala. Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. Registering property is less time-consuming and less costly compared to regional averages ( DB 2016 ). These cases also appear not to be investigated effectively with press reports indicating that only four percent of cases end in criminal sentences. Still, the country experienced one of the smallest GDP contractions in 2020 in LAC (-1.8 percent compared to a regional average of -6.7 percent). Such a system should also be used to measure the impact of any measures adopted by the Government to address violence against women and girls. The wealthiest 10 percent of Guatemalans earn 47.5 percent of national income, while less than 20 percent is allocated to the poorest 60 percent. But despite these efforts, Guatemala, with its neighbours in the Northern Triangle of Central America, remains one of the most violent countries in the world. (9) www.un.org/womenwatch/daw/cedaw/cedaw35/cc/Guatemala_rev.pdf, (10) Based on a population of 12 million, cited in United Nations Development Programme, Human Development Report, 2005. Commenting on the extent to which the nature and magnitude of gender-related violence is reflected in official documents the PDH remarked "the topic has hardly been touched upon in state institutions. (32), Persistence of discriminatory legislation. Unlike the murders of men, however, in cases of women, the gender of the woman is a determining factor in the motive of the crime, the way women are killed (female victims often suffering exceptional brutality before being killed including rape, mutilation and dismemberment), and the way in which the authorities respond to the case. Mobile phones and a fax machine were stolen and files containing sensitive information about their work were searched. It is concerned about the insufficient efforts to conduct thorough investigations, the absence of protection measures for witnesses, victims' families and the lack of information and data regarding the cases, the causes of violence and the profiles of the victims.(9). One example of the manner in which family members are treated by government officials is the case of Rosa Franco, mother of María Isabel Franco, abducted and murdered in December 2001: August 2005 was the last time I went to the prosecutor's office no. But all too often citizens distrust and fear the police - widely dismissed as inefficient, corrupt and abusive - as much as the criminals. As COVID-19 sweeps across the globe, doctors and other healthcare workers are witnessing limited availability of personal protective equipment (PPE), particularly appropriate masks, and being confronted by difficult situations that pit their desire to remain safe against their duty to help patients. (39) The draft amendment only proposes to eliminate this provision in cases where there are no medidas sustitutivas, the crime is incomutable and is committed against minors or individuals with menal disorders. Concern was also expressed over the tendency of the authorities to blame the victims rather than focusing resources on investigating and prosecuting the perpetrators of the killings. To extort bribes police widely dismissed as inefficient, corrupt and abusive as much as the.. Draft law to criminalize sexual harassment and the Public Ministry continues to be investigated effectively press... 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