GUATEMALA CITY (AP) The United States agreed Monday to train members of a Guatemalan task force responsible for protecting the country's borders and putting a brake on uncontrolled migration. 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. Soon after Cristina's murder, in fear for their safety, the family went into hiding where they remain at the time of writing. The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemalas battle against crime. Congress suspended the latest budget bill following widespread protests against self-serving political elites. Her killers remain at large. 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. 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. The obligation to investigate and prosecute all cases of murders ex-officio rarely happens. Guatemala Executive Summary The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemala's battle against crime. 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 lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. 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). NCB Guatemala is part of Guatemala's national police - called Policia Nacional Civil - which is part of the Ministry of Interior. Official statistics continue to mask low prosecution rates. Small monthly salaries of approximately 4,000 quetzals ($535) created an incentive to extort bribes. All police investigators, crime scene investigation officials and forensic experts should receive intensive and ongoing training in investigative techniques, particularly in the collection and preservation of forensic evidence in relation to gender-based violence. (37) See www.un.org/News/Press/docs//2006/wom1559.doc.htm and www.un.org/womenwatch/daw/cedaw/cedaw35/cc/Guatemala_rev.pdf. 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). Since 2001 over 2,200 women and girls have been murdered in Guatemala and the rate of murders is on the increase. 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. (28) Amnesty International understands that both the Public Ministry and Judiciary are yet to formally respond to the PDH's request. The UN-sponsored Commission Against Impunity in Guatemala (CICIG) is providing training to both police and prosecutors. 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. The failure to carry out the most basic investigations, properly process the crime scene and protect potential evidence remains evident in numerous cases. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. The initiatives in Villa Nueva and Mixco rely on local politicians whose successors may not share their commitment. 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. 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. 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. The Public Ministry's Witness Protection Programme should be strengthened to guarantee the safety of both witnesses and family members. To Amnesty International's knowledge no steps have been taken to change the perception that many women are in some way to blame for their own deaths or to sanction officials that make such statements. Some projects may provide templates for broader institutional change. http://web.amnesty.org/library/Index/ENGAMR340172005?open&of=ENG-GTM, #NoBanNoWall Protest Resources & Toolkits. Impact of Reporting Gang Activities to Police in Guatemala Nov 10, 2021 Indigenous Discrimination and Danger in the Mexican State of Guerrero Rates of crime in Guatemala are very high. Progress has been made, but achievements are fragile and easily reversed. 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. Published by Teresa Romero , Jun 14, 2022. 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. (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. Rosa Franco talking to Amnesty International in April 2006. 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. 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. 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. 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. Fear of reprisals stops many families from seeking justice for the killing of their loved ones. 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. Victim's families that do undertake investigative efforts or press the state to pursue investigations are subject to threats, harassment, and attacks. (15) Many victims are raped, tortured or mutilated before being killed. deny the petition in part and otherwise dismiss it for lack of jurisdiction. (40) In cases that occurred prior to December 2005, however, Article 200 can still apply. (20) See La Nación, Violencia se ensaña con mujeres en Guatemala, 2 April 2006 and Feminicidio en Guatemala. While individual autopsy reports may include information as to whether the victim had suffered sexual violence prior to being killed, this information is lost in official statistics from the Forensic Investigation Service. Governments have repeatedly promised reform, including the Prez administration that took office in January 2012. 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). (23) See Policía Nacional Civil busca investigadores, El Periodico, 6 January 2006. The majority (23.8%) of cases classified as "solved" were "archivado" (cases where the Public Ministry desisted from the prosecution either because of alleged lack of collaboration from witnesses or family members, at the request of victims' families or due to lack of evidence), "dismissed" (desestimaciones y actos conclusorios) (8.4%), the suspects were cleared (2.6%) or the cases were provisionally closed (2%). The Government's fiscal stimulus to respond to the pandemic (equivalent to 3.3 percent of GDP) was swift in 2020 and focused on protecting the poor and vulnerable. 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. 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 . It also looked at the discrimination that lies at the heart of gender-based violence experienced by women in Guatemalan society and some of the laws, and investigative and judicial practices that perpetuate such discrimination. Article 106 which allows for the pardoning by the victim in certain crimes, should be reformed to not be applicable in cases of rape, violence against women in the family and other sexual crimes. police, body of officers representing the civil authority of government. 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. Of particular importance is the tendency to discredit the victims by placing the blame for their deaths on their conduct or background. 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. Amnesty International concurs with other national and international experts that the steps taken by government authorities since have been wholly insufficient to address the scale of the problem. Then after two hours of searching everywhere I went back to the police station to see if they had any newsthey claimed I hadn't reported anything and so they'd done nothing. The 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). On 22 March 2005, 22-year-old sex worker, "Perla", was murdered in a hotel in the red light district, Cerrito del Carmen in Guatemala City. 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. For decades, the process of electing the highest authorities in the justice system has been riddled with illegalities, weakening the institutions that comprise it. The 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. (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. After making landfall on Nicaragua's Caribbean coast . (24) Interview with Female Homicide Unit of the PNC, 6 April 2006. 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. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. (14) For example see Femicidio en Guatemala: crimenes contra la humanidad, Unidad Revolucionaria Nacional Guatemalteca (URNG), November 2005, p67-90. 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 report was reviewed by The New . (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. The Special Rapporteur on the Rights of Women of the Inter-American Commission on Human Rights visited Guatemala in September 2004 and issued recommendations following her visit (see www.cidh.org/women/20.04.htm). From there, media coverage of unarmed black men getting shot began to sky rocket. On 4 July 2005 she was shot at in the town of Chimaltenango together with her aunt, 60-year-old Clara Luz García, who was killed immediately. (34) Article 180 applies to articles 176 and 177 (estupro, sexual activity with a minor) that state that the honesty of the woman or in this case a minor is a basic requirement for establishing the existence of a crime. 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. 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. (13) Prensa Libre, 'Jueces y fiscales se inculpan por la falta de fallos condenatorios', 3 March 2006. I. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) recorded 839 attacks against human rights defenders between January and November. UNICEF Botswana focuses on strengthening institutions to prevent and respond to gender-based violence, abuse, neglect, and exploitation of children. In April 2006 AI was informed that 552 women were murdered during 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. But all too often citizens distrust and fear the police - widely dismissed as inefficient, corrupt and abusive - as much as the criminals. (45) www.unhchr.ch/huricane/huricane.nsf/view01/C7F2A41A172BC438C125717D0056605A?opendocument. Congress should approve the draft law to criminalize sexual harassment and the draft law (no. The. 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". The Assistant Prosecutor who was the one who processed the crime scene in the case of my daughter told me that my daughter was killed because she was a nobody, a prostituteshe began to laugh at me and I began to cry and her boss didn't say anything". GTM43453.FE - Guatemala: The process for acquiring citizenship; possibility of losing one's citizenship; possibility of reestablishing one's citizenship; whether a child under 10 years who leaves Guatemala without the authorization of a parent can lose his or her citizenship (2003-2005) - April 2005 As one of the Unit's police officers told Amnesty International we don't have the tools to carry out the work. 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. (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. (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. The spent shells were reportedly never submitted as part of the investigation. 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). The UN recommends that a country employ at least 222 police officers for every 100,000 residents. Review our privacy policy for more details. Instead of being subjected to a forensic examination, all but one item of clothing she was wearing were returned to the family. It expressed its deep concern regarding the "increase in the number of cases of women brutally murdered, often with sexual violence, mutilations and torture. Blaming the victim The police had noted that D.C. law prohibits anyone from carrying a firearm within 1,000 feet of any First Amendment activity. 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. This should also include the period following a conviction when individuals are still at risk of retaliatory violence. 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 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. She knows the police in Guatemala will not protect her. (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. When Police Repression is Not Enough: A U.S. 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. (12). (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). Guatemalans gathered in Plaza de la Constitucin in downtown Guatemala City, which has been renamed by feminist collectives as Plaza de las Nias in memory of the 41 girls who died inside a state-ran . Receive the best source of conflict analysis right in your inbox. (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. 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 . (9) It called on the Guatemalan government to: 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). Then I went to San Juan police station and begged the police to try to stop their car. Guatemala On July 5, 2005, officials from the Guatemalan government's human rights office (PDH - Procuradura de Derechos Humanos) entered a deteriorating, rat-infested munitions depot in downtown Guatemala City to investigate complaints about improperly-stored explosives. But these efforts are dependent on the financial aid and political backing of donors. 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. 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