with regard to the Guatemalan Government's implementation of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. Lack of protection for survivors of violence against women and girls in Central America Why do they flee? 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. When asked about the lack of police presence, a spokesman for the Minneapolis Police Department said in an email that the department is facing an "unprecedented situation." He added that citizens . 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. 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. Child marriage. (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. (8) See Resolución del Parlamento Europeo sobre Guatemala, P6_TA-PROV(2005)0304, 7 July 2005, See www.acnur.org/biblioteca/pdf/3643.pdf. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes. Before examining why and how Guatemala's international adoptions and child protection laws have been changed, one must first look at the Hague convention (Dolor, L, 2008). The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemalas battle against crime. 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 . Relevant state institutions should coordinate their actions to ensure that these are fully implemented and appropriately assessed with agreed timelines and benchmarks. 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. 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. (4) According to the Human Rights Ombudsman's Office (Procuradoría de Derechos Humanos PDH) while the killings of men increased by 45% between 2002 and 2005, the number of women killed during this time increased by 63%. They said many young girls run off with boyfriends; and so they couldn't start a search for 24 hours.(2). Since the death of his daughter, Claudina's father had repeatedly visited the Public Ministry, suggested lines of investigation and even carried out independent inquiries. AI Index: AMR 34/013/2006. Congress should approve the draft law to criminalize sexual harassment and the draft law (no. 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. Likewise, in the case of María Isabel Franco, who was raped and brutally murdered in December 2001, it was only after significant international attention on the case and after a TV documentary, that in February 2006 the prosecutor agreed to compile a list of leads that have yet to be investigated and to locate the main suspect in the case. 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. (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. 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. [File: Alexis Morales/AFP] 20 May 2021. 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. A more aggressive method must be implemented without delay as without a gender perspective the investigation into the killing of a woman is contaminated. 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. 2012, 7). Published by Teresa Romero , Jun 14, 2022. This adversely affects their physical health as well as the . ), 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 . However, police scholars have criticized . The. Expectations have been raised, again and again, but results have rarely followed. (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. 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. In the United Kingdom, for example, doctors . 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. She had been shot and traces of semen were found on her body. 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. The investigator said they thought Claudina was a nobody because she was wearing sandals and a belly button ring. 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. R. App. 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. State authorities have come under criticism for what many perceive as a failure to control spiralling violence and to provide public security. Comisión de la Mujer del Congreso de la República. (18) Cases of Maria A. López Camas and Suly Niseyda Leonardo and Maria C. Menchu Tacan. 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. This site uses cookies. Roughly one-quarter of them live in conditions of extreme . Amnesty International believes that this suffering caused to relatives often amounts to cruel, inhumane and degrading treatment. Police Use of Force. Rates of crime in Guatemala are very high. The friend that was with her at the time but who managed to escape was able to testify against him. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. 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. The police had noted that D.C. law prohibits anyone from carrying a firearm within 1,000 feet of any First Amendment activity. She knows the police in Guatemala will not protect her. 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. Of the cases monitored by Amnesty International, there have been only two convictions. (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. (7) As of June 2006, of the over six hundred cases of women reported murdered in 2005, to Amnesty International's knowledge, only two convictions had taken place. It also perpetuates violence against women and fosters a climate of impunity for crimes committed against women and girls. Failure to take into account gender-based violence suffered by victims has contributed to the inadequate response of the state. (44) See Urgent Action, AI Index AMR 34/017/2006, 8 June 2006. (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. (13) Prensa Libre, 'Jueces y fiscales se inculpan por la falta de fallos condenatorios', 3 March 2006. 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. Accoring to the report, he PNC currently boasts manpower of 14,000 officers, which gives it 162 police per 100,000 residents, one of the region's lowest police to civilian ratios. The organisations signing this letter are respectfully writing to remind you of the obligation of the State of Guatemala to comply without delay with the ruling of 2014 of the Inter-American Court of Human Right "Human Rights Defender and Others vs. Guatemala", in which the adoption of a Public Policy for the Protection of Human Rights . Since 2007, the CICIG has supported corruption probes that resulted in the indictment of Guatemala's former president and vice president; the [] 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. Then I went to San Juan police station and begged the police to try to stop their car. (15) Informe de muertes violentas de mujeres 2005. 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. NCB Guatemala is part of Guatemala's national police - called Policia Nacional Civil - which is part of the Ministry of Interior. 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". By continuing to browse the site you are agreeing to our use of cookies. This coverage helped highlight all the shootings that were happening by the police. 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. For example, tests on the principal suspects, to ascertain if they had fired a gun, were not carried out. (15) Many victims are raped, tortured or mutilated before being killed. Small monthly salaries of approximately 4,000 quetzals ($535) created an incentive to extort bribes. In common with some other Central American countries, Guatemala experiences high levels of violent crime. There is no single, fail-safe formula for reshaping an institution as complex as the police. IECCP, 2005. . (35) While some individual deputies and the Congressional Commission on Women have demonstrated political will to remove discriminatory legislation, Congress at large has thus far failed to legislate to remove such legislation. (11) In view of the deficiencies in the collection and management of data, the figures provided in this report should not be read as definitive. 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 UN-sponsored Commission Against Impunity in Guatemala (CICIG) is providing training to both police and prosecutors. On her return from a lobbying trip to the Netherlands in March 2006 the family received numerous anonymous telephone calls to their home. 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). 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. After Cristina Hernndez was murdered in July 2005, her family went into hiding in fear for their safety after they were intimidated. 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. (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. 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. In the Indigenous communities of Guatemala hardest hit by Hurricane Eta's ruinous sweep through Central America, early response to the disaster has come in the form of self-help, amid claims that the slow pace of official assistance is just the latest example of neglect. 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). It began when George Zimmerman was found not guilty for shooting unarmed 17-year-old black boy, Trayvon Martin, on Feb, 26, 2012. (1) The name has been changed to protect the identity of the family. After making landfall on Nicaragua's Caribbean coast . In the case of the rape and murder of Oliberta Elizabeth Calel Gómez, on 2 April 2005 former police agent Bartolome Teni Cu was sentenced to 60 years 50 years for the murder and 10 years for the rape. 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. 2630, see www.congreso.gob.gt/gt/ver_iniciativa.asp?id=348. Progress has been made, but achievements are fragile and easily reversed. 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. 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. At least seven inmates . (13) Many of the concerns expressed in this report apply equally to the failure to adequately investigate murders whether of men or women. Officials that make unfounded public statements discrediting the serious nature of crimes committed against women should be dealt with appropriately. (17) At the time of writing, only two cases of killings in 2005 had resulted in convictions. 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 organization is concerned, however, that four years after the original reform proposal was presented to Congress, and after two previous favourable opinions, without the necessary political will and momentum, these reforms may yet again stall at the approval stage in Congress. Fight injustice and help create a world where human rights are enjoyed by all. (14) For example see Femicidio en Guatemala: crimenes contra la humanidad, Unidad Revolucionaria Nacional Guatemalteca (URNG), November 2005, p67-90. In April 2006 the European Parliament held a hearing on the killings of women in both Guatemala and Mexico. (44) It was the third time the offices of the Women's Sector had been broken into. 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. Senator Tom Carper (D-Del. 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 association aims to eradicate all forms of violence and discrimination against indigenous women. Gangs, in particular, single out informants . 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. 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. 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. (41) See A Summary of Amnesty International's Concerns. 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. On 1 December 2005 another decapitated woman was found in a tunnel in Guatemala City. Advocacy efforts involve engagement of communities, traditional and . Certain investigative units have demonstrated that the police can given the proper resources, training and supervision solve complex crimes. In an apparent effort to improve the ability to identify victims of women who are killed as a result of domestic violence, the Office of Attention to the Victim (Oficina de Atención a la Victima OAV) has reportedly begun to take finger prints of women who present complaints of domestic violence. (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). 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%). Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. 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. 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. Informe de muertes violentas de mujeres, PDH, 2005. 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. 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