(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. Rates of crime in Guatemala are very high. The fact that these killings are not investigated exacerbates the suffering of family members seeking justice; furthermore, family members complain that during the investigative and judicial process the authorities discriminate on the grounds of gender."(42). But these efforts are dependent on the financial aid and political backing of donors. By continuing to browse the site you are agreeing to our use of cookies. 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 . Nonetheless, there are steps that the government, with international backing, should undertake to ensure that the PNC becomes a professional force capable of investigating and preventing the crime that threatens Guatemalan democracy. 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). Impeding investigations or failing to take immediate action to prevent injury to women and girls believed to be at immediate risk should be the subject of disciplinary action. On 5 May 2006, for example, the Chief of Police stated publicly that in order to prevent the murders of women it is necessary to "ask them not to get involved in street gangs and to avoid violence within the family, which we as police cannot do" and attributed more than 60% of the cases to these causes. 2630, see www.congreso.gob.gt/gt/ver_iniciativa.asp?id=348. UN High Commissioner for Human Rights following her visit to Guatemala, 27 May 2006.(45). Since the launch of the report No protection, no justice Rosa Franco, mother of María Isabel Franco, has reported experiencing increased acts of harassment and intimidation, including unidentified individuals coming to her home and work place and anonymous calls in which the caller told her that she and her children were going to die. She had reportedly been raped and strangled. (11) Establishing a comprehensive overview of the statistics regarding both the numbers of women killed as well as the identity of the perpetrators is still therefore extremely difficult. 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. (20) See La Nación, Violencia se ensaña con mujeres en Guatemala, 2 April 2006 and Feminicidio en Guatemala. (26) In the case of Cristina Hernndez the police officer charged with the investigation informed Amnesty International that since the days following the murder on 27 July 2005 she had not carried out any further investigations despite the existence of critical leads as she had not received any instructions from the Public Ministry. I. Press reports, quoting the PNC, have consistently quoted 640 cases of murdered women during 2005. 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. result of a lack of sufficient training. Soon after Cristina's murder, in fear for their safety, the family went into hiding where they remain at the time of writing. The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. 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". Victim's families that do undertake investigative efforts or press the state to pursue investigations are subject to threats, harassment, and attacks. with regard to the Guatemalan Government's implementation of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. 2630) which proposes the abolition of certain discriminatory provisions and the criminalization of other acts of violence against women, without further delay. Similarly, neighbours also witnessed the abduction of 18-year-old student Paola Ninet Gil Escobar, by four men in a green car with no number plates and tinted windows close to her home in the municipality of Amatitln on the outskirts of Guatemala City on 28 March 2006. 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. 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. Her case was set for an individual calendar hearing on August 24, 2016, at 9:00 am. The level of coordination and cooperation, in particular, between the PNC and the Public Ministry continues to be extremely poor. Such attitudes are evident in public statements by government officials. (44) See Urgent Action, AI Index AMR 34/017/2006, 8 June 2006. 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). Review our privacy policy for more details. ** Convention Against Torture protection ("CAT"). It is unclear whether reform efforts have enough support within the PNC hierarchy to survive over the long term. Then my brother-in-law went to the homicide department; and they said nothing could be done. While there has been some progress in relation to gender-sensitive law reform, the persistence of discriminatory legislation continues to mean that many forms of gender-based violence against women in particular violence against women in the family and sexual harassment go undetected. Since 2001 over 2,200 women and girls have been murdered in Guatemala and the rate of murders is on the increase. What risks does Guatemala face after CICIGs exit? The remaining four cases are cases from outside the department of Guatemala. 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Tratamiento por parte de la justicia penal de Guatemala. But all too often citizens distrust and fear the police widely dismissed as inefficient, corrupt and abusive as much as the criminals. In November 2019, a gun battle broke out in the neighborhood of Zona 7 in Guatemala City between a patrol unit and the Police Inspector General's office. However, police scholars have criticized . Continued lack of effective protection measures means that in many cases survivors of gender-based violence, their families and witnesses are too afraid to give testimony. On the International Day for the Elimination of Violence against Women, 25 November 2005, numerous families took part in demonstrations in the capital, calling on the authorities to put an end to the impunity enjoyed by the perpetrators of violence against women. When the family presented the clothes to the Public Ministry to assist in the investigation, they were reportedly told to burn them or throw them away. Relevant state institutions should coordinate their actions to ensure that these are fully implemented and appropriately assessed with agreed timelines and benchmarks. 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. Underfunded, poorly trained and often outgunned, they are frequently incapable or unwilling to confront criminals and gain the public trust needed to build a state based on rule of law. WASHINGTON, D.C. U.S. Two of the main suspects have reportedly consistently failed to respond to summons calling them to testify and are reportedly fugitives. What significance does CICIGs closure have for the region? Clara Fabiola García subsequently died in hospital. (37) See www.un.org/News/Press/docs//2006/wom1559.doc.htm and www.un.org/womenwatch/daw/cedaw/cedaw35/cc/Guatemala_rev.pdf. Amnesty International believes that this suffering caused to relatives often amounts to cruel, inhumane and degrading treatment. (21), In Guatemala serious deficiencies persist in the organization and functioning of the judicial system, which are due to an inadequate normative framework and certain practices which do not allow an independent, impartial and effective administration of justice based on respect for human rights."(22). 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. The government of President Otto Prez Molina must reboot and revitalise police reform, as part of an overall effort to strengthen justice and law enforcement, with financial support from the U.S. and other countries interested in preventing Guatemala from becoming a haven for organised crime. 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. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. 5 in Mixco, as after that I didn't feel like going. News March 2, 2023 Colombia: The National Police must be comprehensively reformed. Expectations have been raised, again and again, but results have rarely followed. 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. Since then, he has deployed troops to help patrol high-crime areas, reinforced the military in border regions to fight drug trafficking and declared a state of siege to quell a local protest. 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. 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. She had been shot four times and bitten all over her body. 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. After 12 historic and productive years, the mandate of Guatemala's unique anti-corruption commission, the International Commission against Impunity in Guatemala (CICIG by its Spanish acronym), expires exactly a week from today: September 3, 2019. The spent shells were reportedly never submitted as part of the investigation. police, body of officers representing the civil authority of government. Over the past three years, Guatemala has been pursuing a unique experiment to fight organized crime and government corruptionwith impressive results. (17) The Prosecutor's Office for Crimes against Life informed AI that during 2005 it secured 11convictions in cases of murdered women. Amnesty International believes that collection of and reference to such data is a necessary requirement for the development of sound policies to combat gender-based violence. In the case of the sex worker nicknamed "la mudita", later identified as 25-year-old Silvia Patricia Madrid whose body was found dumped on a roadside on 22 February 2006, the investigation carried out by the Assistant Prosecutor in charge of the case limited itself to establishing the identity of "la mudita". In its concluding comments in regard to Guatemala's sixth periodic report, on 2 June 2006 the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern regarding the insufficient efforts taken by the Guatemalan authorities to end the killings: The Committee is deeply concerned about the continuing and increasing cases of disappearances, rape, torture and murders of women, the engrained culture of impunity for such crimes, and the gender-based nature of the crimes committed, which constitute grave and systematic violations of women's human rights. "Claudina was killed by one thing: impunityClaudina's killer knew that the likelihood of him being found was very remote" father of 19-year-old law student Claudina Velsquez Paíz, murdered on 13 August 2005. Combatting violence against children, especially sexual exploitation and abuse, is a key component of programming. (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. As is custom in Guatemala, the protection she was receiving as part of the Public Ministry's witness protection programme was terminated on the sentencing of "Small" despite the fact that she was still clearly at risk of retaliatory violence. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) recorded 839 attacks against human rights defenders between January and November. 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. 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. 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. Human Rights Ombudsman's Office. Congress suspended the latest budget bill following widespread protests against self-serving political elites. The Hague convention is an international agreement comprised on a law created in regards to intercountry adoptions (Dolor, L, 2008). Using the army to fight crime, however, further demoralises and weakens the police, especially when the militarys role is poorly defined. Since then investigations have effectively restarted including sending blood samples of the five suspects to Spain for DNA analysis. 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. Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. She had been shot and traces of semen were found on her body. In the case of Cristina Hernndez (see first page) the police failed to respond to the desperate pleas of her family despite neighbours having witnessed her abduction. (7) The UN Special Rapporteur on Violence against Women, Yakin Ertürk, visited Guatemala in February 2004 and issued her subsequent observations and recommendations in February 2005 (see E/CN.4/2005/72/Add.3). (17) At the time of writing, only two cases of killings in 2005 had resulted in convictions. Father of Claudina Velsquez Paíz. (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. It has been found that 35% of girls in Guatemala are married off before they turn 18. (32), Persistence of discriminatory legislation. The PNC investigators are obliged to submit two police reports to the PUBLIC MINISTRY, one after 24 hours and the other after 72 hours. 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. 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). (28) Amnesty International understands that both the Public Ministry and Judiciary are yet to formally respond to the PDH's request. I begged them to put up road blocks to stop them and catch them. Officials that make unfounded public statements discrediting the serious nature of crimes committed against women should be dealt with appropriately. The. Mobile phones and a fax machine were stolen and files containing sensitive information about their work were searched. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes. However, as the data is processed upwards, in order to arrive at wider departmental or national statistics of male and female homicide victims, the female victim will simply be one of those termed "death by gunshot wound". 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. The police had noted that D.C. law prohibits anyone from carrying a firearm within 1,000 feet of any First Amendment activity. (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. 2012, 7). Rosa Franco talking to Amnesty International in April 2006. (35) The draft law was first presented in March 2002. She knows the police in Guatemala will not protect her. In some cases there have also been allegations of complicity by police investigators in covering up crimes or "misplacing" important evidence. Guatemala has one of the highest homicide rates in the hemisphere, reaching 48 per 100,000 inhabitants in 2008. 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. Amnesty International offers the following set of recommendations to complement and reinforce those previously made and those of other national and international experts. The Public Ministry and Judiciary should sign the agreement in line with article 275 of the Guatemalan Constitution without further delay, to empower the PDH to monitor the investigation of cases of murdered women and girls by the Public Ministry. (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. (2) Interview with father of Cristina Hernndez, BBC This World documentary, Killer's Paradise.. (3) AI Index: AMR 34/017/2005, see http://web.amnesty.org/library/Index/ENGAMR340172005?open&of=ENG-GTM. Police Use of Force. is terrified to return to Guatemala. The investigator said they thought Claudina was a nobody because she was wearing sandals and a belly button ring. 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. 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. 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. 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.