Uniformed police agents who came to the hotel allegedly removed the spent shells and told the hotel owner to wash away the blood. He has also promised to strengthen the police by adding thousands of recruits, while restarting stalled efforts to overhaul the institution. Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. 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. (5) Many of the murders have been characterised by exceptional brutality, with many victims subjected to sexual violence, mutilation and dismemberment. But all too often citizens distrust and fear the police - widely dismissed as inefficient, corrupt and abusive - as much as the criminals. Lack of protection for survivors of violence against women and girls in Central America - KIND Voices That Matter Most Become a Volunteer Interpreter/Translator Blog Media English Blog Home Blog Why do they flee? 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. Of the cases monitored by Amnesty International, there have been only two convictions. The study, Global and Regional Trends in Women's Legal Protection Against Domestic Violence and Sexual Harassment, also found that close to 1.4 billion women lack legal protection against domestic economic violence. (28) Amnesty International understands that both the Public Ministry and Judiciary are yet to formally respond to the PDH's request. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. Guatemala Executive Summary The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemala's battle against crime. Recommendations, including by the UN and the Inter-American Commission on Human Rights, to address the range of serious failings and shortcomings in relation to the killing of women and girls were first made to the Guatemalan authorities several years ago. 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). Victim's families that do undertake investigative efforts or press the state to pursue investigations are subject to threats, harassment, and attacks. The UN recommends that a country employ at least 222 police officers for every 100,000 residents. 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. This places Guatemala amongst the countries with the highest murder rates in Latin America, with approximately 44 murders per 100,000 inhabitants. According to the information the IACHR has received, the lack of protection of indigenous territorial rights in Guatemala is characterized by a failure to recognize indigenous lands; the lack of a property registry or cadastre system that recognizes ancestral territories and makes it possible to protect the lands that belong to indigenous . (24) Interview with Female Homicide Unit of the PNC, 6 April 2006. In December 2005, Article 200 was temporarily suspended, after the PDH challenged its constitutionality. 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. Efforts underway to improve the quality of criminal investigations and to improve the coordination and cooperation between state agencies should be fully coordinated and given sufficient political support and resources. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes. In the United Kingdom, for example, doctors . 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. María Elena Peralta the sister of Nancy Peralta has also experienced harassment as a result of her actions to draw attention not only to the case of her sister but also to the plight of other murdered women in Guatemala. Over the past three years, Guatemala has been pursuing a unique experiment to fight organized crime and government corruptionwith impressive results. Such attitudes are evident in public statements by government officials. In a 104-page document, the inspector general, Michael A. Bolton, criticized the way the Capitol Police prepared for and responded to the mob violence on Jan. 6. (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. As one of the Unit's police officers told Amnesty International we don't have the tools to carry out the work. Official statistics focus on the cause of death, leaving out data regarding sexual violence, mutilation and dismemberment, rendering invisible the nature, history and dimensions of gender-based violence suffered by many victims. The remaining four cases are cases from outside the department of Guatemala. This coverage helped highlight all the shootings that were happening by the police. The UN-sponsored Commission Against Impunity in Guatemala (CICIG) is providing training to both police and prosecutors. (20) The lack of physical or scientific evidence to back up witness testimony means that if cases reach the courts suspects are often acquitted for lack of evidence. The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. GUATEMALA In Guatemala, organized crime has been a problem for decades. ** Convention Against Torture protection ("CAT"). (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. Progress has been made, but achievements are fragile and easily reversed. Amnesty International considers that the state's failure to respond appropriately and effectively to emergency calls or reports of missing women engages its responsibility for their subsequent murders. 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. On 8 March 2006, three Congressional Commissions issued a joint favourable opinion to a draft amendment which proposes the reform of the Guatemalan Penal Code in relation to violence against women. 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. Such a system should ensure that data is not just collected but also routinely collated, widely published and used to inform targeted government planning and policies. She knows the police in Guatemala will not protect her. For example, on 5 June 2006 both the offices of the Women's Sector (Sector de Mujeres), a group of non-governmental women's organizations, and the National Union of Guatemalan Women (Unión Nacional de Mujeres Guatemaltecas) were broken into. It expressed its deep concern regarding the "increase in the number of cases of women brutally murdered, often with sexual violence, mutilations and torture. Its remit includes law and order, national security, border control and prison services. The heavy case loads, lack of equipment and the continuing severe shortage of police investigators,(23) means that in the majority of cases the initial investigation, in particular the way in which the crime scene and other important evidence is processed, is flawed. Then I went to San Juan police station and begged the police to try to stop their car. Hundreds of corrupt or ineffective police officers, prosecutors, judges, and military officials have been investigated and dismissed. Solution. result of a lack of sufficient training. She had been beheaded and her body cut into 19 pieces. High crime rates tend to overwhelm incremental progress, making it harder to resist calls for tough solutions that rely on the superior strength and discipline of the army. To Amnesty International's knowledge in neither of the above cases are the officers who failed to respond to reports of abductions facing any disciplinary measures. The investigator said they thought Claudina was a nobody because she was wearing sandals and a belly button ring. (14) For example see Femicidio en Guatemala: crimenes contra la humanidad, Unidad Revolucionaria Nacional Guatemalteca (URNG), November 2005, p67-90. (32), Persistence of discriminatory legislation. 5 in Mixco, as after that I didn't feel like going. Corporation is Suing Guatemala to Crush Local Mining Opposition . Amnesty International welcomes these proposals as a critical step towards the removal of legislation that is discriminatory towards women. (1) The name has been changed to protect the identity of the family. Around 4,800 men were murdered in Guatemala in 2005. Review our privacy policy for more details. In a survey carried out in 2021, around 13 percent of respondents in Ecuador said that they had been asked or had to pay a bribe in interactions with . (44) It was the third time the offices of the Women's Sector had been broken into. She had been shot four times and bitten all over her body. Combatting violence against children, especially sexual exploitation and abuse, is a key component of programming. While the creation of the Commission needs to be viewed positively, it is unclear how another institutional structure will improve the government response and overcome issues of duplication and official incompetence. IECCP, 2005. (21) See Memoria de Labores 2005. [File: Alexis Morales/AFP] 20 May 2021. Fear of reprisals stops many families from seeking justice for the killing of their loved ones. Guatemala has one of the highest homicide rates in the hemisphere, reaching 48 per 100,000 inhabitants in 2008. Her sister, also a sex worker, who witnessed the killing, reportedly informed the Public Ministry that two plain-clothed policemen shot her sister. Neighbours witnessed the abduction and immediately alerted her father who later related: I borrowed a car from a neighbour and my son and I tried to chase them in the car. The spent shells were reportedly never submitted as part of the investigation. purge of Guatemala's reformed police force after being named interior . (29) In cases where there are no relatives exerting pressure on the authorities to investigate either because relatives are too afraid to actively pursue investigations or the victim has not been identified, investigations seldom advance. That The initiatives in Villa Nueva and Mixco rely on local politicians whose successors may not share their commitment. Those cities are also the location of two model precincts, supported by the U.S. government, which finances the vetting and training of police and supports programs designed to strengthen police-community collaboration. Informe de muertes violentas de mujeres, PDH, 2005. The testimony of Clara Fabiola, was key to securing the 100 year prison sentence in February 2005 against gang member Oscar Gabriel Morales Ortiz, alias "Small". (19) Quoted in the press: La Nación, Violencia se ensana con mujeres en Guatemala, 2 April 2006. . Guatemala City/Bogot/Brussels, 20 July 2012. Since 2001 over 2,200 women and girls have been murdered in Guatemala and the rate of murders is on the increase. police, body of officers representing the civil authority of government. Petitioners are natives and citizens of Guatemala. The family of Cristina Hernndez took part in the demonstration, carrying a banner with a photo of Cristina and appearing in the media. For example, a female victim who has been raped, tortured and suffered a fatal gunshot wound to the head will have these details recorded in the autopsy report, a paper document compiled by hand by a forensic doctor. 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. Once in the gang, children are forced to steal or engage in illegal activities to help support the gang. Crímenes contra la Humanidad, November 2005, p97. The PNC investigators are obliged to submit two police reports to the PUBLIC MINISTRY, one after 24 hours and the other after 72 hours. 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. The new president, a retired general, campaigned on the promise that his government would combat crime with an iron fist. Obligations towards victims and their families. While the Public Ministry's annual report classifies nearly 42% of the cases attended to by the Special Prosecutor's Office for Crimes against Life during 2005 as "solved", in only 3.8% of these cases was a formal accusation presented and in only 1% of cases did a court hearing take place. 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. 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. Father of Claudina Velsquez Paíz. Another issue is child marriage, which has life-long consequences. At least 12 rural and indigenous activists were killed or died under disputed circumstances between January and July, according to the nongovernmental organization (NGO) Unit for the Protection of Human Rights Defenders (UDEFEGUA). (15) Informe de muertes violentas de mujeres 2005. Central Americans targeted by gangs face a difficult choice: leave everything behind or stay put and risk death. (10), The precise number of women who have been murdered continues to be disputed with the Public Ministry, the National Civilian Police (PNC) and the Judiciary generating and referring to different statistics. . (41) In May 2006 the Committee against Torture (CAT) published its concluding observations following the consideration of Guatemala's fourth periodic report. 2630, see www.congreso.gob.gt/gt/ver_iniciativa.asp?id=348. On 1 December 2005 another decapitated woman was found in a tunnel in Guatemala City. In April 2006 the European Parliament held a hearing on the killings of women in both Guatemala and Mexico. The Guatemalan government should state that gender-based violence is unacceptable and will not be tolerated. The main threat to young people in Guatemala is the high level of impunity for crimes against children and adolescents. In two municipalities outside Guatemala City, Villa Nueva and Mixco, activist mayors are trying to combat gangs and create stronger ties between the local communities and law enforcement. (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. According to the UNICEF, about 90 percent of domestic violence abuses are not reported (UN 28 Nov. 2011). (23) See Policía Nacional Civil busca investigadores, El Periodico, 6 January 2006. The report examined the extreme brutality of the killings, which are also frequently characterized by sexual violence, and the serious and persistent shortcomings at every stage of the investigative process. A multinational investigation involving the United States . (43) The perception that women are to blame for their own deaths influences the subsequent investigatory and prosecutory process and places the responsibility of prevention on women themselves, rather than with government authorities responsible for the prevention of violence against women. By continuing to browse the site you are agreeing to our use of cookies. While in some cases family members are able to act as joint parties to the state prosecution (querellantes adhesivos) the vast majority of families are unable to afford to pay for a lawyer to help them navigate the complex process of becoming joint parties to the investigation. I begged them to put up road blocks to stop them and catch them. She had been decapitated and her body cut up with a machete. It is critical (determinante) in the questions witnesses and family members are asked, in the way the investigation is carried out and in the position in which the victim is found as a victim or as the instigator of her own death."(31), According to information received by Amnesty International forensic specialists receive no training in relation to the documentation of sexual violence and it is not common practice for forensic experts to refer to international standards on the practice of forensic investigation which includes specific information not only on carrying out effective forensic investigations but also how to detect and investigate cases of sexual violence. Officials that make unfounded public statements discrediting the serious nature of crimes committed against women should be dealt with appropriately. However, police scholars have criticized . (8) Most recently in the US, on 8 May 2006, 117 members of the US Congress signed a letter in which they urged the US State Department to call on the Guatemalan government to take prompt and effective action to address the killings of women and that the State Department provide technical assistance to promote the proper investigation, prosecution and punishment of these crimes. Ministerio Público, www.mp.lex.gob.gt/memorias, (22) La Justicia en Guatemala: Un Largo Camino por Recorrer. ), 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 . An average of 101 murders per week were reported in 2018. These "non-violent" deaths included 54 cases where the cause of death was unknown; 39 of the cases were death via suffocation through submersion. 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. 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. Amnesty International received many reports of cases where police authorities had failed in their duty to take urgent action to prevent injury to women and girls believed to be at immediate risk. In its report published in March 2018 (discussed below), the Inter-American Commission on Human Rights called for the army to be no longer engaged in law enforcement. It has been found that 35% of girls in Guatemala are married off before they turn 18. 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. Guatemala lacks a land registration system, creating an obstacle to landowners and paving the way for abuses, fraud, and illegalities (BTI 2016). On 25 November 2005 the government announced the creation of the Comisión para el Abordaje del Femicidio, the National Commission to Address Femicide, which aims to develop a diagnostic of the situation from a government perspective and improve coordination between state institutions responsible for the prevention, investigation and prosecution of killings of women and girls. In Guatemala, the justice system is increasingly losing credibility, as evidence emerges that the courts have been co-opted by organized crime, drug trafficking, and corruption networks. 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. 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. To Amnesty International's knowledge convictions for cases of women killed between 2002 and 2004 were secured in 15 cases in 2005. 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. Police are often also entrusted with various licensing and regulatory activities. (42) See CAT/C/GTM/CO/4, 18 May 2006, www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GTM.CO.4.pdf. Local human rights organisations believe the break-in was linked to the prominent role played by the Women's Sector in calling for an end to violence against women in Guatemala. Congress should approve the draft law to criminalize sexual harassment and the draft law (no. Using the army to fight crime, however, further demoralises and weakens the police, especially when the militarys role is poorly defined. The CGRS director notes that many women do not report domestic violence due to a lack of "confidence in the justice system to provide protection and a just result," as well as lack of economic opportunities and shelters (24 Apr. 2630) which proposes the abolition of certain discriminatory provisions and the criminalization of other acts of violence against women, without further delay. (37) See www.un.org/News/Press/docs//2006/wom1559.doc.htm and www.un.org/womenwatch/daw/cedaw/cedaw35/cc/Guatemala_rev.pdf. (37), In addition, certain other key proposals are not included in the opinion, such as the proposal to criminalize sexual harassment. In June 2005 Amnesty International published a report No protection, no justice: killings of women in Guatemala(3) to highlight the murder of women and girls in Guatemala and the state's failure to exercise due diligence in preventing, investigating and punishing these crimes. (9) It called on the Guatemalan government to: (6) For example, on 24 June 2005 Marta Olga Caseros Batres's body was found in zone 6 of Guatemala City. Then my brother-in-law went to the homicide department; and they said nothing could be done. WASHINGTON, D.C. U.S. deny the petition in part and otherwise dismiss it for lack of jurisdiction. In October 2005 a hearing was held in the US Congress on the killings of women in Guatemala, during which the Special Rapporteur on the Rights of Women of the Inter-American Commission spoke as did Guatemalan representatives. 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