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%). 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". (14) For example see Femicidio en Guatemala: crimenes contra la humanidad, Unidad Revolucionaria Nacional Guatemalteca (URNG), November 2005, p67-90. Over the past three years, Guatemala has been pursuing a unique experiment to fight organized crime and government corruptionwith impressive results. According to the PDH, "the difference is that in the case of women they make them suffer more before being killed."(16). 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). The obligation to investigate and prosecute all cases of murders ex-officio rarely happens. As highlighted by the IECCP "there is no institutionalized policy of protection for victims and other individuals subject to penal cases which directly correlates to a retraction or abandonment [of testimony] during the trial."(30). An urgent search mechanism for missing women and girls should be created without further delay. Tratamiento por parte de la justicia penal de Guatemala. A series of arrests in Guatemala has brought down a criminal group made up of police officers working as drug dealers and hitmen, showing how the country has not been spared from the growing crisis of police criminality across the region. Two of the main suspects have reportedly consistently failed to respond to summons calling them to testify and are reportedly fugitives. Despite increased technical resources given to crime scene investigation, the quality of investigations, including the collection and preservation of forensic evidence, continues to be woefully inadequate, with many reports of evidence being lost or damaged and the failure to follow leads. 5 in Mixco, as after that I didn't feel like going. Subsequent calls to the delivery agencies established that no such parcel existed. It has been found that 35% of girls in Guatemala are married off before they turn 18. 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. Tax administration High risk The tax administration carries a moderate-to-high corruption risk. (21) See Memoria de Labores 2005. 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. The next morning her dead body was found. Page 234, available at: http://hdr.undp.org/2005. In the case of 17-year-old Andrea Fabiola Contreras Bacaro who was raped and murdered in June 2004 in Jocotenango, Sacatepéquez, and who had the word "vengeance" carved into her leg, in February 2005 Otto René Argueta was sentenced to 35 years. 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. The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemalas battle against crime. What risks does Guatemala face after CICIGs exit? On 6 November 2005, the dismembered parts of an unidentified woman were found in three bin bags in Guatemala City. The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. Concluding comments of the Committee on the Elimination of Discrimination against Women: Guatemala (CEDAW/C/GUA/CO/6). 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). 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). 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. Her sister, also a sex worker, who witnessed the killing, reportedly informed the Public Ministry that two plain-clothed policemen shot her sister. 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. Today a diverse and broad group of Colombian human rights organizations and victims of excessive use of force by Colombian security forces presented, in collaboration with Amnesty International, a set of proposals with a differential, intersectional and human rights-based approach for comprehensive reform of the . Of particular concern is the lack of protection for the 16 families belonging to the Maya Q'eqchi' las Pilas Sellamch community in the municipality of Santa Mara Cahabn who have been displaced and placed at imminent risk for more than 70 days. Intense gang warfare continues to plague El Salvador, undeterred by successive governments' heavy-handed and militarised repression policies. The spent shells were reportedly never submitted as part of the investigation. 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. Guatemala City/Bogot/Brussels, 20 July 2012. Guatemala has one of the highest homicide rates in the hemisphere, reaching 48 per 100,000 inhabitants in 2008. Victim's families that do undertake investigative efforts or press the state to pursue investigations are subject to threats, harassment, and attacks. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) recorded 839 attacks against human rights defenders between January and November. 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 . (15) Informe de muertes violentas de mujeres 2005. AI Index: AMR 34/013/2006. The main threat to young people in Guatemala is the high level of impunity for crimes against children and adolescents. [citation needed] The countries with the highest crime and violence rates in Central America are El Salvador and Honduras.In the 1990s Guatemala had four cities feature in Latin America's top ten cities by murder rate: Escuintla (165 per 100,000), Izabal (127), Santa Rosa Cuilapa (111) and . Refugees International and Human Rights Watch conducted research on the impact of the ACA in Guatemala in February 2020, investigating the vulnerabilities of transferees and the lack of support for them in Guatemala, as well as their access to the Guatemalan asylum system and its capacity to provide protection to those needing it. She had been beheaded and her body cut into 19 pieces. 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 following morning their daughter's dead body was found dumped in a nearby river in Amatitln, her head covered with a black bag and her hands tied. I. 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. See Fed. Father of Claudina Velsquez Paíz. 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. 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 . Receive the best source of conflict analysis right in your inbox. The cooperation and coordination between police investigators and public prosecutors should be strengthened to ensure immediate, coordinated and effective investigations into all cases of abduction and murder of women and girls. 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. 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. Amnesty International offers the following set of recommendations to complement and reinforce those previously made and those of other national and international experts. Once in the gang, children are forced to steal or engage in illegal activities to help support the gang. The association aims to eradicate all forms of violence and discrimination against indigenous women. Published by Teresa Romero , Jun 14, 2022. (14), According to research carried out by the Human Rights Ombudsman's Office (Procuradoría de Derechos Humanos PDH) in the majority (80%) of cases of murdered men they are killed using fire arms with no intimate physical contact between the victim and the perpetrator. 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. (30) Violencia contra las mujeres. Such attitudes are evident in public statements by government officials. (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. Such training should refer to international standards and expertise including on how to detect, document and investigate cases of gender-based violence. (27) In one of the initial police reports submitted to the Public Ministry the police investigator reportedly suggested that a search be carried out of the property of a man who had previously harassed Cristina and that there were two witnesses who were mugged, apparently by the same individuals who abducted Cristina, but had failed to contribute to the construction of an identikit picture of the suspects. This should also include the period following a conviction when individuals are still at risk of retaliatory violence. Gangs, in particular, single out informants . 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. To stem the violence that kills thousands of Guatemalans each year, the government must find the resources and will to carry out long-stalled reforms of the national police. Then my brother-in-law went to the homicide department; and they said nothing could be done. At least seven inmates . Rosa Franco talking to Amnesty International in April 2006. (27) Nearly one year after Cristina was abducted and murdered, the Public Ministry has allegedly still not requested the police to carry out a search of a suspect's house or summoned the witnesses to provide information to construct a identikit picture of individuals believed to be responsible for her abduction and subsequent murder. When Police Repression is Not Enough: A U.S. 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. 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). It also perpetuates violence against women and fosters a climate of impunity for crimes committed against women and girls. Blaming the victim (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. The Hague convention is an international agreement comprised on a law created in regards to intercountry adoptions (Dolor, L, 2008). The report was reviewed by The New . By continuing to browse the site you are agreeing to our use of cookies. (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). The organization made 14 key recommendations to President Óscar Berger and other state institutions calling for immediate action in five key areas: Although the government has begun to take action to address some of these issues, these measures have been limited and insufficient to effectively address the scale and severity of the problem. Police are often also entrusted with various licensing and regulatory activities. (38) Furthermore, while the recent Congressional Commission's opinion proposes amending Article 106 of the Penal Code, the provision which allows the victim to pardon the perpetrator in cases that are not prosecutable ex-officio, including cases of rape and other sexual crime, still remains, making victims vulnerable to pressure not to file complaints.(39). Telephone interview with police investigador, 16 May 2006. (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. (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. In the absence of thorough investigations, various non governmental organizations (NGOs) and other groups have presented their own investigations and analysis regarding the reasons behind the killings. Petitioners are natives and citizens of Guatemala. Then I went to San Juan police station and begged the police to try to stop their car. 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. (4) Between 1 January 2006 and 5 May according to police statistics 229 women and girls were killed. GUATEMALA CITY. These cases also appear not to be investigated effectively with press reports indicating that only four percent of cases end in criminal sentences. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. While the reactivation of investigations is a positive step, it is likely that critical evidence has been lost. 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(12). http://web.amnesty.org/library/Index/ENGAMR340172005?open&of=ENG-GTM, #NoBanNoWall Protest Resources & Toolkits. The state must improve the ability of officers to respond to such calls, and those officers who fail to discharge their duties effectively must be held to account. Mobile phones and a fax machine were stolen and files containing sensitive information about their work were searched. She had been shot four times and bitten all over her body. Her case was set for an individual calendar hearing on August 24, 2016, at 9:00 am. Clara Fabiola García subsequently died in hospital. Insecurity and inequality prevail, and a history of failed opportunities has created disenchantment in a population eager for change. The family of Cristina Hernndez took part in the demonstration, carrying a banner with a photo of Cristina and appearing in the media. State authorities have come under criticism for what many perceive as a failure to control spiralling violence and to provide public security. (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. (36) As noted by CEDAW in relation to the consideration of Guatemala's sixth periodic report, implementation of legal measures to protect women's rights and promote women's empowerment would not be easy as much of Guatemala's male-dominated Congress had been reluctant to approve draft legislation in that regard and that the existing imbalance among the three branches of the State, (which) results in the resistance to adopt and modify legislation aimed at protecting women's human rights. 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. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. ** Convention Against Torture protection ("CAT"). 2 United States,8 explaining that the majority have suffered some type of human right violation.9 These violations mainly correspond to poverty, ethnic and gender discrimination, and generalized violence,10 and Guatemalan children usually leave the country as a direct result of combined factors like deprivation of basic social rights, violence, and family 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. Certain investigative units have demonstrated that the police can given the proper resources, training and supervision solve complex crimes. 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. 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. According to relatives and an NGO supporting the case no effort has been made to locate them. 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. Police officers transport the corpse of an inmate after a 'riot' at the Cantel men's prison in Quetzaltenango in western Guatemala. Download the PDF Statement Here The Guatemalan government should state that gender-based violence is unacceptable and will not be tolerated. 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. An average of 101 murders per week were reported in 2018. Women's organizations that assist families of murder victims, give legal assistance in cases of sexual violence, or who have condemned the killings of women have also been subject to threats and attacks. Instead of being subjected to a forensic examination, all but one item of clothing she was wearing were returned to the family. The question is whether his government will be able to muster the resources and will to bolster institutional reform or will rely primarily on militarised crime-fighting operations that provide short-term gains without solving long-term problems. While some initiatives have been taken over the past year, these have yet to have any real impact on the numbers of women killed, or the ability of police and prosecutors to effectively investigate and bring to justice those responsible. 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. 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). April 2006; Asesinatos de mujeres: Expresión del Feminicidio en Guatemala, CALDH, December 2005; Identificación de patrones existents en el asesinato de mujeres en Guatemala y similitudes con los crimenes del pasado, Sobrevivientes, December 2005 (see www.sobrevivientes.org). Guatemalans Have Had Enough. 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. The failure to carry out the most basic investigations, properly process the crime scene and protect potential evidence remains evident in numerous cases. 6. with regard to the Guatemalan Government's implementation of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. 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