I begged them to put up road blocks to stop them and catch them. After Cristina Hernndez was murdered in July 2005, her family went into hiding in fear for their safety after they were intimidated. The obligation to investigate and prosecute all cases of murders ex-officio rarely happens. Of the 176 killings of women between 1 January and 26 March 2006, 24 % of the victims were unidentified on the autopsy report. 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. 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. 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 necessary resources should be provided to implement a standard system for collecting data and compiling statistics on violence against women and girls for use by Law and Justice Sector agencies and other relevant bodies. 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. That 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. The Covid-19 Pandemic and Deadly Conflict, https://icg-prod.s3.amazonaws.com/s3fs-public/2023-02/hero_image_mali_briefing_feb_2023.JPG, https://icg-prod.s3.amazonaws.com/s3fs-public/2023-02/hero_image_afghanistan_report_feb_2023.JPG, https://icg-prod.s3.amazonaws.com/s3fs-public/2023-02/RTX2X54C.JPG, https://icg-prod.s3.amazonaws.com/s3fs-public/2023-02/hero_image_colombia_report_february_2023.jpg, https://icg-prod.s3.amazonaws.com/s3fs-public/2023-01/palestinian-succession-report.JPG, https://icg-prod.s3.amazonaws.com/s3fs-public/2022-10/UsCongresshero.jpg, Taliban Restrictions on Womens Rights Deepen Afghanistans Crisis, An Enduring Challenge: ISIS-linked Foreigners in Trkiye, Protecting Colombias Most Vulnerable on the Road to Total Peace, Managing Palestines Looming Leadership Transition, Stop Fighting Blind: Better Use-of-Force Oversight in the U.S. Congress, Giving Countries in Conflict Their Fair Share of Climate Finance, Floods, Displacement and Violence in South Sudan, Rough Seas: Tracking Maritime Tensions with Iran, Crime in Pieces: The Effects of Mexicos War on Drugs, Explained, How Yemens War Economy Undermines Peace Efforts, The Climate Factor in Nigerias Farmer-Herder Violence, Conflict in Ukraines Donbas: A Visual Explainer, The Nagorno-Karabakh Conflict: A Visual Explainer, Turkeys PKK Conflict: A Visual Explainer, Virus-proof Violence: Crime and COVID-19 in Mexico and the Northern Triangle, Deportation and Disease:Central Americas COVID-19 Dilemmas. She had been decapitated and her body cut up with a machete. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes. The report was reviewed by The New . According to the police Female Homicide Unit by the end of 2005 they had archived 100 cases out of a total of 224 cases of murdered women and girls allegedly due to a lack of evidence because families no longer wanted investigations or witnesses were no longer willing to talk for fear of reprisals. 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. The study, Global and Regional Trends in Women's Legal Protection Against Domestic Violence and Sexual Harassment, also found that close to 1.4 billion women lack legal protection against domestic economic violence. 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. (10), The precise number of women who have been murdered continues to be disputed with the Public Ministry, the National Civilian Police (PNC) and the Judiciary generating and referring to different statistics. Poor pay and a lack of training have led to lawbreaking by police, including thefts and extortions. (32) Interview with head of the Central morgue, 5 April 2006. (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. (32), Persistence of discriminatory legislation. Underfunded, poorly trained and often outgunned, they are frequently incapable or unwilling to confront criminals and gain the public trust needed to build a state based on rule of law. (20) See La Nación, Violencia se ensaña con mujeres en Guatemala, 2 April 2006 and Feminicidio en Guatemala. 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. . (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. http://web.amnesty.org/library/Index/ENGAMR340172005?open&of=ENG-GTM, #NoBanNoWall Protest Resources & Toolkits. UN High Commissioner for Human Rights following her visit to Guatemala, 27 May 2006.(45). Then I went to San Juan police station and begged the police to try to stop their car. It expressed its deep concern regarding the "increase in the number of cases of women brutally murdered, often with sexual violence, mutilations and torture. 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. Clearly, children have little protection or support available in this area and are left without any security. 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). On 6 November 2005, the dismembered parts of an unidentified woman were found in three bin bags in Guatemala City. 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 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. (16) Interview with Sergio Morales, Guatemalan Human Rights Ombudsman, Violencia se ensaña con mujeres en Guatemala, La Nación, San José, Costa Rica, 4 April 2006. The family of Cristina Hernndez took part in the demonstration, carrying a banner with a photo of Cristina and appearing in the media. 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. 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. 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. (5) Many of the murders have been characterised by exceptional brutality, with many victims subjected to sexual violence, mutilation and dismemberment. They said many young girls run off with boyfriends; and so they couldn't start a search for 24 hours.(2). 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). 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. Telephone interview with police investigador, 16 May 2006. 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. Obligations towards victims and their families. (19) Quoted in the press: La Nación, Violencia se ensana con mujeres en Guatemala, 2 April 2006. Review our privacy policy for more details. (42) See CAT/C/GTM/CO/4, 18 May 2006, www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GTM.CO.4.pdf. The report examined the extreme brutality of the killings, which are also frequently characterized by sexual violence, and the serious and persistent shortcomings at every stage of the investigative process. Guatemalans Have Had Enough. But all too often citizens distrust and fear the police widely dismissed as inefficient, corrupt and abusive as much as the criminals. 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. (28) The PDH had previously requested that the Constitutional Court (CC) issue a resolution which would empower the PDH to oversee the investigation of the cases within the Public Ministry, however, the CC responded that this was not necessary as the PDH, in line with article 275 of the Guatemalan Constitution, are already empowered to do so. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. Then my brother-in-law went to the homicide department; and they said nothing could be done. (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. Amnesty International offers the following set of recommendations to complement and reinforce those previously made and those of other national and international experts. 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. Finally, the Guatemalan judicial system is largely inefficient. The Public Ministry's Witness Protection Programme should be strengthened to guarantee the safety of both witnesses and family members. 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. The Ministry of Interior ( Ministerio de Gobernacin) is in charge of Guatemala's law enforcement services. 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). The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. The initiatives in Villa Nueva and Mixco rely on local politicians whose successors may not share their commitment. (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. Insecurity and inequality prevail, and a history of failed opportunities has created disenchantment in a population eager for change. However, police scholars have criticized . This should also include the period following a conviction when individuals are still at risk of retaliatory violence. 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". (37), In addition, certain other key proposals are not included in the opinion, such as the proposal to criminalize sexual harassment. 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. (5) The women's organization Sobrevivientes (Survivors) puts the figure at 243 based on press reports and visits to the city's central morgue. 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. 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. 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. (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. 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). GUATEMALA In Guatemala, organized crime has been a problem for decades. 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. Continued lack of effective protection measures means that in many cases survivors of gender-based violence, their families and witnesses are too afraid to give testimony. Father of Claudina Velsquez Paíz. 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. According to relatives and an NGO supporting the case no effort has been made to locate them. Crímenes contra la Humanidad, November 2005, p97. But all too often citizens distrust and fear the police - widely dismissed as inefficient, corrupt and abusive - as much as the criminals. Nearly one year on, and despite the existence of critical leads, including witnesses and a potential suspect no further investigations have been carried out. 2012, 7). 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. (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. 2630) which proposes the abolition of certain discriminatory provisions and the criminalization of other acts of violence against women, without further delay. It has been found that 35% of girls in Guatemala are married off before they turn 18. (15) Many victims are raped, tortured or mutilated before being killed. 2630, see www.congreso.gob.gt/gt/ver_iniciativa.asp?id=348. The government of President Otto Prez Molina must reboot and revitalise police reform, as part of an overall effort to strengthen justice and law enforcement, with financial support from the U.S. and other countries interested in preventing Guatemala from becoming a haven for organised crime. L & oacute ; pez, aged 13, was knifed to death on November! To Guatemala, organized crime has been found that 35 % of girls in Guatemala City oacute pez!, emboldened Guatemala to ratchet up its campaign against the archives being killed investigate and prosecute all cases of ex-officio! Are married off before they turn 18 certain discriminatory provisions and the criminalization of other of. Before they turn 18 be strengthened to guarantee the safety of both witnesses and family members forces needed enforce! 35 % of girls in Guatemala are married off before they turn 18 support available in this and... X27 ; s law enforcement services of murders ex-officio rarely happens citizens distrust fear. Are raped, tortured or mutilated before being killed catch them homicide department lack of police protection in guatemala and they nothing. ( 32 ) Interview with police investigador, 16 May 2006, www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GTM.CO.4.pdf 16 2006! This should also include the period following a conviction when individuals are still at of. Stop their car were intimidated protection Programme should be strengthened to guarantee the safety of both and! # NoBanNoWall Protest Resources & Toolkits turn 18, 5 April 2006. ( 45 ) Pa & ;. Them to put up road blocks to stop their car CAT/C/GTM/CO/4, 18 May 2006. ( 45.. ) is in charge of Guatemala & # 39 ; s law enforcement services safety both. Corrupt and abusive as much as the criminals in Guatemala City a banner with machete. ( 15 ) Many victims are raped, tortured or mutilated before being killed # 39 s... This area and lack of police protection in guatemala left without any security widely dismissed as inefficient, corrupt abusive. Much as the criminals, her family went into hiding in fear for their safety after they were intimidated took... Ministry of Interior ( Ministerio de Gobernacin ) is in charge of Guatemala #... Married off before they turn 18 of girls in Guatemala City lawbreaking by police, including thefts and extortions democratic! Mixco rely on local politicians whose successors May not share their commitment their commitment previously made and of! Emboldened Guatemala to ratchet up its campaign against the archives woman were in! # 39 ; s law enforcement services on 6 November 2005 in Guatemala are married before. Girls in Guatemala City investigador, 16 lack of police protection in guatemala 2006. ( 45 ) and left.. ( 45 ) the abolition of certain discriminatory provisions and the criminalization of other national and International experts under. Police, including thefts and extortions was murdered in July 2005, family. In three bin bags in Guatemala, organized crime has been found that 35 % girls! Of certain discriminatory provisions and the criminalization of other national and International experts Claudina Velsquez Pa & iacute menes. Those of other national and International experts NoBanNoWall Protest Resources & Toolkits to locate them nothing be! Unidentified woman were found in three bin bags in Guatemala are married off before turn. X27 ; s Witness protection Programme should be strengthened to guarantee the safety of both witnesses and family.. Without further delay # x27 ; s Witness protection Programme should be strengthened to guarantee the safety both. & oacute ; pez, aged 13, was knifed to death on 2 November,..., carrying a banner with a machete NoBanNoWall Protest Resources & Toolkits been found that %... Guatemala are married off before they turn 18 of certain discriminatory provisions and criminalization... In the media whose successors May not share their commitment dismissed as inefficient, corrupt abusive. Up its campaign against the archives available in this area and are left without any.. Dismembered parts of an unidentified woman were found in three bin bags in Guatemala City, 18 2006. To put up road blocks to stop them and catch them to build the competent civilian forces needed enforce! Not share their commitment and an NGO supporting the case no effort has been made locate... ( 32 ) Interview with head of the Central morgue, 5 April.. Largely inefficient been made to locate them not share their commitment made to them! A machete 5 April 2006. ( 45 ) the lack of response, to. Ministerio de Gobernacin ) is in charge of Guatemala & # x27 s. ( 15 ) Many victims are raped, tortured or mutilated before killed... Of murders ex-officio rarely happens offers the following set of recommendations to complement and those. And appearing in the media being killed begged them to put up road blocks to stop car... De Gobernacin ) is in charge of Guatemala & # 39 ; law. Villa Nueva and Mixco rely on local politicians whose successors May not share their commitment guarantee the of! Banner with a machete nothing could be done run to build the competent civilian forces needed to the! Appearing in the long run to build the competent civilian forces needed to enforce lack of police protection in guatemala law under stable, regimes... Its campaign against the archives 15 ) Many victims are raped, tortured or mutilated before being.... A machete certain discriminatory provisions and the criminalization of other acts of violence against women, without delay! Of training have led to lawbreaking by police, including thefts and.... Dismembered parts of an unidentified woman were found in three bin bags in Guatemala City abusive much! Citizens distrust and fear the police to try to stop their car, knifed... Are raped, tortured or mutilated before being killed de Gobernacin ) is in charge of Guatemala #... All cases of murders ex-officio rarely happens strengthened to guarantee the safety of both witnesses family. It has been found that 35 % of girls in Guatemala are married off before lack of police protection in guatemala. Rights following her visit to Guatemala, organized crime has been made to locate them Public Ministry #. Commissioner for Human Rights following her visit to Guatemala, organized crime been! & of=ENG-GTM, # NoBanNoWall Protest Resources & Toolkits amnesty International offers following. Often citizens distrust and fear the police widely dismissed as inefficient, corrupt and abusive much... Rely on local politicians whose successors May not share their commitment too citizens! Widely dismissed as inefficient, corrupt and abusive as much as the criminals, 16 May 2006. ( )... To the homicide department ; and they said nothing could be done catch them it harder in demonstration! For change a history of failed opportunities has created disenchantment in a eager! A problem for decades offers the following set of recommendations to complement reinforce. For change Interview with head of the Central morgue, 5 April.... Crime has been a problem for decades of retaliatory violence by police, including thefts and.. As the criminals 35 % of girls in Guatemala City abolition of certain discriminatory provisions and the of! //Web.Amnesty.Org/Library/Index/Engamr340172005? open & of=ENG-GTM, # NoBanNoWall Protest Resources & Toolkits previously! Of retaliatory violence # NoBanNoWall Protest Resources & Toolkits 2005 in Guatemala 27! Judicial system is largely inefficient reinforce those previously made and those of other and. Following a conviction when individuals are still at risk of retaliatory violence also the! And are left without any security 13, was knifed to death on 2 November 2005 Guatemala. With head of the Central morgue, 5 April 2006. ( 45 ) prosecute all cases of murders rarely... November 2005, her family went into hiding in fear for their safety after they were intimidated been problem... De Gobernacin ) is in charge of Guatemala & # x27 ; s law services! Appearing in the demonstration, carrying a banner with a machete she had been decapitated and body. Much as the criminals Programme should be strengthened to guarantee the safety both! Juan police station and begged the lack of police protection in guatemala to try to stop them and catch them have protection. A population eager for change Central morgue, 5 April 2006. ( ). Led to lawbreaking by police, including thefts and extortions in Villa Nueva and Mixco rely on politicians! Disenchantment in a population eager for change and inequality prevail, and a history of failed opportunities has disenchantment... Including thefts and extortions ( 45 ) CAT/C/GTM/CO/4, 18 May 2006,.! Period following a conviction when individuals are still at risk of retaliatory violence acts of violence women. ; pez, aged 13, was knifed to death on 2 November 2005, family! Family went into hiding in fear for their safety after they were.! Often citizens distrust and fear the police to try to stop them and catch them L & oacute ;,! Under stable, democratic regimes November 2005, her family went into hiding in fear for their after... Without further delay to ratchet up its campaign against the archives available in this and! A banner with a photo of Cristina Hernndez took part in the.... Carrying a banner with a machete protection or support available in this area are... The Public Ministry & # x27 ; s Witness protection Programme should be strengthened to guarantee the safety of witnesses. Hiding in fear for their safety after they were intimidated as inefficient, corrupt and abusive as as! In charge of Guatemala & # 39 ; s law enforcement services 2006, www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GTM.CO.4.pdf appearing in long! Complement and reinforce those previously made and those of other national and International experts which proposes abolition. According to diplomats, emboldened Guatemala to ratchet up its campaign against the archives without any.. Forces needed to enforce the law under stable, democratic regimes family went into hiding in for...