(40) At the time of writing to Amnesty Internatioanl's knowledge, the Public Ministry has still not responded to the Constitutional Court's request for a hearing, during which the Public Ministry would give its judgement regarding the appeal. 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. Uniformed police agents who came to the hotel allegedly removed the spent shells and told the hotel owner to wash away the blood. 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. What risks does Guatemala face after CICIGs exit? The U.S. offer came during a video call between U.S Vice President Kamala Harris and Guatemalan President Alejandro Giammattei. Press reports, quoting the PNC, have consistently quoted 640 cases of murdered women during 2005. 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 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. (4) Between 1 January 2006 and 5 May according to police statistics 229 women and girls were killed. It called on the Guatemalan government to: take without delay all the measures necessary to put an end to the murders and disappearances of women and the impunity of perpetrators. I begged them to put up road blocks to stop them and catch them. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) recorded 839 attacks against human rights defenders between January and November. 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. The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemalas battle against crime. Founded by five female community leaders in 2001, it now counts more than 400 women from 65. (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. 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. 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. "Impunity" is the issue relatives often refer to as being one of the major contributing factors to the deaths of their loved ones. 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. Police officers transport the corpse of an inmate after a 'riot' at the Cantel men's prison in Quetzaltenango in western Guatemala. Amnesty International welcomes these proposals as a critical step towards the removal of legislation that is discriminatory towards women. 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. Congress should approve the draft law to criminalize sexual harassment and the draft law (no. (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. Drug traffickers, including Mexican cartels, move at will across porous borders, while criminal gangs dominate many urban areas. (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. (21) See Memoria de Labores 2005. Around 4,800 men were murdered in Guatemala in 2005. http://web.amnesty.org/library/Index/ENGAMR340172005?open&of=ENG-GTM, #NoBanNoWall Protest Resources & Toolkits. Nearly one year on, and despite the existence of critical leads, including witnesses and a potential suspect no further investigations have been carried out. In the case of 19-year-old university student Claudina Velsquez who was studying to become a lawyer, her dead body was found on 13 August 2005. In December 2005, Article 200 was temporarily suspended, after the PDH challenged its constitutionality. (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 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. 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. The association aims to eradicate all forms of violence and discrimination against indigenous women. He has also promised to strengthen the police by adding thousands of recruits, while restarting stalled efforts to overhaul the institution. P. 34(a)(2). For decades, the process of electing the highest authorities in the justice system has been riddled with illegalities, weakening the institutions that comprise it. 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. But all too often citizens distrust and fear the police widely dismissed as inefficient, corrupt and abusive as much as the criminals. The murder rate for both men and women has continued to rise, with 23 % more murders in 2005 (5,338 murders) as compared to 2004 (4,346 murders) according to police figures, with 2005 figures representing the highest figures since the end of Guatemala's internal armed conflict (1960-1996). Then, under the Migrant Protection Protocols (MPP), those who seek asylum in the U . 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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. Guatemala's police force is vastly over stretched In total, there are estimated to be as many as 150,000 private security guards in the country, compared with a police force of just 30,000.. 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. Police Use of Force. 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. There are also encouraging developments within the area of preventive or community-oriented policing. On 6 November 2005, the dismembered parts of an unidentified woman were found in three bin bags in Guatemala City. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. The ineptitude of the system results from lack of funding and training, low morale and corruption. Relatives of a number of victims have complained that state investigators have been quick to classify their family members as gang members, prostitutes or involved in drug trafficking and in so doing, relate their death to suspected stereotypical behaviour. Reporting gang activities to police puts a person in greater danger because it aggrevates the gang, challenges their authority, and shows disrespect. 2630, see www.congreso.gob.gt/gt/ver_iniciativa.asp?id=348. Progress has been made, but achievements are fragile and easily reversed. Ministerio Público, www.mp.lex.gob.gt/memorias, (22) La Justicia en Guatemala: Un Largo Camino por Recorrer. Amnesty International believes that this suffering caused to relatives often amounts to cruel, inhumane and degrading treatment. Over the past three years, Guatemala has been pursuing a unique experiment to fight organized crime and government corruptionwith impressive results. A multinational investigation involving the United States . On her return from a lobbying trip to the Netherlands in March 2006 the family received numerous anonymous telephone calls to their home. 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). (41) See A Summary of Amnesty International's Concerns. 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. 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. (30) Violencia contra las mujeres. The Public Ministry's Witness Protection Programme should be strengthened to guarantee the safety of both witnesses and family members. 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. R. App. (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. Her sister, also a sex worker, who witnessed the killing, reportedly informed the Public Ministry that two plain-clothed policemen shot her sister. When Police Repression is Not Enough: A U.S. 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. (18) As noted by the PDH no arrests were made in 97% of cases,(19) more than 70% of the cases have not been investigated and the motive for the killing is unknown. She had been shot four times and bitten all over her body. (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. It is unclear whether reform efforts have enough support within the PNC hierarchy to survive over the long term. In some cases there have also been allegations of complicity by police investigators in covering up crimes or "misplacing" important evidence. Since 2001 over 2,200 women and girls have been murdered in Guatemala and the rate of murders is on the increase. 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. A more aggressive method must be implemented without delay as without a gender perspective the investigation into the killing of a woman is contaminated. Receive the best source of conflict analysis right in your inbox. (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. The UN-sponsored Commission Against Impunity in Guatemala (CICIG) is providing training to both police and prosecutors. 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. The Hague convention is an international agreement comprised on a law created in regards to intercountry adoptions (Dolor, L, 2008). Clearly, children have little protection or support available in this area and are left without any security. (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 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. 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 new president, a retired general, campaigned on the promise that his government would combat crime with an iron fist. The remaining four cases are cases from outside the department of Guatemala. 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. 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. 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. removal, and protection under CAT with the Immigration Court. 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. 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. She knows the police in Guatemala will not protect her. Such training should refer to international standards and expertise including on how to detect, document and investigate cases of gender-based violence. (41) In May 2006 the Committee against Torture (CAT) published its concluding observations following the consideration of Guatemala's fourth periodic report. The National Civilian Police (PNC) is the primary law enforcement agency in Guatemala although the military are also involved in law enforcement tasks. International Commission of Jurists (ICJ), December 2005, p 79, see www.icj.org/IMG/pdf/Informe_CIJ_Guatemala.pdf. Guatemala lacks a land registration system, creating an obstacle to landowners and paving the way for abuses, fraud, and illegalities (BTI 2016). Hundreds of corrupt or ineffective police officers, prosecutors, judges, and military officials have been investigated and dismissed. (32) Interview with head of the Central morgue, 5 April 2006. 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 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. 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. 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). 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. Tax administration High risk The tax administration carries a moderate-to-high corruption risk. Concluding comments of the Committee on the Elimination of Discrimination against Women: Guatemala (CEDAW/C/GUA/CO/6). 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 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 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. (25) As noted by the International Commission of Jurists one of the main flaws in the criminal investigation is the lack of institutional coordination between the Public Ministry and the PNC. The realities were much closer several weeks ago in Guatemala, . IECCP, 2005. 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. At least seven inmates . (25) Article 107 of the Procedural Penal Code establishes that the PUBLIC MINISTRY directs criminal investigations. The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. purge of Guatemala's reformed police force after being named interior . GUATEMALA In Guatemala, organized crime has been a problem for decades. (14) For example see Femicidio en Guatemala: crimenes contra la humanidad, Unidad Revolucionaria Nacional Guatemalteca (URNG), November 2005, p67-90. 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. 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. But these efforts are dependent on the financial aid and political backing of donors. 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. Recognizing the deficiencies in the investigation of the case, in November 2005, the head of the Special Prosecutor's Office on Crimes against Life took over the investigation. 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. 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. 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. Guatemala has one of the highest homicide rates in the hemisphere, reaching 48 per 100,000 inhabitants in 2008. The spent shells were reportedly never submitted as part of the investigation. [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 . Official statistics continue to mask low prosecution rates. result of a lack of sufficient training. (13) Many of the concerns expressed in this report apply equally to the failure to adequately investigate murders whether of men or women. Petitioners are natives and citizens of Guatemala. Since 2007, the CICIG has supported corruption probes that resulted in the indictment of Guatemala's former president and vice president; the [] This report considers developments over the last year and makes a number of recommendations on issues that require urgent attention. There is no single, fail-safe formula for reshaping an institution as complex as the police. (37), In addition, certain other key proposals are not included in the opinion, such as the proposal to criminalize sexual harassment. 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. Of particular importance is the tendency to discredit the victims by placing the blame for their deaths on their conduct or background. (40) In cases that occurred prior to December 2005, however, Article 200 can still apply. (33) The opinion includes the proposal to criminalize violence against women in the family (violencia intrafamiliar), to remove the legal provision that it is only a criminal offence to have sexual relations with a minor as long as the victim is considered "honest" (una mujer honesta),(34) to abolish Article 200 which waives criminal responsibility for rape and certain other crimes of sexual violence (if the victim is more than 12 years old) upon the perpetrator's marriage with the victim and to extend the definition of rape, including by making marital rape a criminal offence. The failure of the authorities to identify, detain and bring to justice those responsible for the killings of women and girls sends the message to perpetrators that they will not be held accountable for their actions. She had reportedly been raped and strangled. 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". 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. 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 . 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