The heavy case loads, lack of equipment and the continuing severe shortage of police investigators,(23) means that in the majority of cases the initial investigation, in particular the way in which the crime scene and other important evidence is processed, is flawed. Obligations towards victims and their families. Guatemala City/Bogot/Brussels, 20 July 2012. (13) Many of the concerns expressed in this report apply equally to the failure to adequately investigate murders whether of men or women. Without strong and consistent backing from the national government, business, civil society and the international community, the lessons learned from these pilot projects may be lost before they can be perfected and replicated. There are also encouraging developments within the area of preventive or community-oriented policing. Blaming the victim Numbers for the start of 2009 indicate that the rate may grow even higher. 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. In 2006, Guatemala and the United Nations agreed to create the International Commission Against Impunity in Guatemala (CICIG), an independent investigatory body that helped convict more than. Amnesty International welcomes these proposals as a critical step towards the removal of legislation that is discriminatory towards women. (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. The spent shells were reportedly never submitted as part of the investigation. ), 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 . (37) See www.un.org/News/Press/docs//2006/wom1559.doc.htm and www.un.org/womenwatch/daw/cedaw/cedaw35/cc/Guatemala_rev.pdf. For example, tests on the principal suspects, to ascertain if they had fired a gun, were not carried out. Amnesty International believes that this suffering caused to relatives often amounts to cruel, inhumane and degrading treatment. 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. It left five officers injured and a patrol truck on fire. To Amnesty International's knowledge in neither of the above cases are the officers who failed to respond to reports of abductions facing any disciplinary measures. 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. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. Steps need to be taken to guarantee the independence, and availability of adequate human and financial resources of the recently established National Forensic Institute. According to the police unit charged with the investigation of murders of women in the department of Guatemala, during 2005 there were up to a total of 665 murders of women throughout the country 246 murders of women in the department of Guatemala alone a 26 % increase from 2004 (527). 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. 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. 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. The Public Ministry's Witness Protection Programme should be strengthened to guarantee the safety of both witnesses and family members. The new president, a retired general, campaigned on the promise that his government would combat crime with an iron fist. (35) The draft law was first presented in March 2002. Country Summary: Violent crime such as extortion, murder, armed robbery, carjacking, narcotics trafficking and gang activity are common in Guatemala. (32), Persistence of discriminatory legislation. (6) For example, on 24 June 2005 Marta Olga Caseros Batres's body was found in zone 6 of Guatemala City. Of particular concern is the lack of protection for the 16 families belonging to the Maya Q'eqchi' las Pilas Sellamch community in the municipality of Santa Mara Cahabn who have been displaced and placed at imminent risk for more than 70 days. (21), In Guatemala serious deficiencies persist in the organization and functioning of the judicial system, which are due to an inadequate normative framework and certain practices which do not allow an independent, impartial and effective administration of justice based on respect for human rights."(22). 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. Progress has been made, but achievements are fragile and easily reversed. Receive the best source of conflict analysis right in your inbox. The investigator said they thought Claudina was a nobody because she was wearing sandals and a belly button ring. In the United Kingdom, for example, doctors . 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. NCB Guatemala is part of Guatemala's national police - called Policia Nacional Civil - which is part of the Ministry of Interior. 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. http://web.amnesty.org/library/Index/ENGAMR340172005?open&of=ENG-GTM, #NoBanNoWall Protest Resources & Toolkits. (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. In some cases there have also been allegations of complicity by police investigators in covering up crimes or "misplacing" important evidence. Gangs, in particular, single out informants . Nearly one year on, and despite the existence of critical leads, including witnesses and a potential suspect no further investigations have been carried out. Then I went to San Juan police station and begged the police to try to stop their car. Relevant state institutions should coordinate their actions to ensure that these are fully implemented and appropriately assessed with agreed timelines and benchmarks. On 8 March 2006, three Congressional Commissions issued a joint favourable opinion to a draft amendment which proposes the reform of the Guatemalan Penal Code in relation to violence against women. 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 . (30) Violencia contra las mujeres. (36) As noted by CEDAW in relation to the consideration of Guatemala's sixth periodic report, implementation of legal measures to protect women's rights and promote women's empowerment would not be easy as much of Guatemala's male-dominated Congress had been reluctant to approve draft legislation in that regard and that the existing imbalance among the three branches of the State, (which) results in the resistance to adopt and modify legislation aimed at protecting women's human rights. Informe de muertes violentas de mujeres, PDH, 2005. Insecurity and inequality prevail, and a history of failed opportunities has created disenchantment in a population eager for change. Father of Claudina Velsquez Paíz. Then my brother-in-law went to the homicide department; and they said nothing could be done. (15) Informe de muertes violentas de mujeres 2005. 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. The UN recommends that a country employ at least 222 police officers for every 100,000 residents. Founded by five female community leaders in 2001, it now counts more than 400 women from 65. Economic abuse entails controlling a woman's ability to access economic resources (money, education or employment) as a form . Certain investigative units have demonstrated that the police can given the proper resources, training and supervision solve complex crimes. According to the PDH, "the difference is that in the case of women they make them suffer more before being killed."(16). 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. Guatemalans Have Had Enough. KCA sued the national police in domestic courts for more protection. (44) See Urgent Action, AI Index AMR 34/017/2006, 8 June 2006. This inadequate legal recognition and protection of lands has led the Ministry of Energy and Mines (MEM) to grant 276 exploitation licenses, 111 exploration licenses, 734 pending licenses, and most recently to grant 7 exploration licenses without consulting the affected indigenous peoples. Child marriage. (38) A draft bill on sexual harassment in the workplace was sent to Congress in 2002. Other basic lines of investigation were not pursued such as seeking witness statements at the hotel where "la mudita" worked. Solution. Women's organizations that assist families of murder victims, give legal assistance in cases of sexual violence, or who have condemned the killings of women have also been subject to threats and attacks. 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. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. Its remit includes law and order, national security, border control and prison services. (19) Quoted in the press: La Nación, Violencia se ensana con mujeres en Guatemala, 2 April 2006. (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. The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. But these efforts are dependent on the financial aid and political backing of donors. 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. Download the PDF Statement Here (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. In its concluding comments in regard to Guatemala's sixth periodic report, on 2 June 2006 the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern regarding the insufficient efforts taken by the Guatemalan authorities to end the killings: The Committee is deeply concerned about the continuing and increasing cases of disappearances, rape, torture and murders of women, the engrained culture of impunity for such crimes, and the gender-based nature of the crimes committed, which constitute grave and systematic violations of women's human rights. 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. While there has been some progress in relation to gender-sensitive law reform, the persistence of discriminatory legislation continues to mean that many forms of gender-based violence against women in particular violence against women in the family and sexual harassment go undetected. (41) In May 2006 the Committee against Torture (CAT) published its concluding observations following the consideration of Guatemala's fourth periodic report. Official statistics continue to mask low prosecution rates. She had been decapitated and her body cut up with a machete. These "non-violent" deaths included 54 cases where the cause of death was unknown; 39 of the cases were death via suffocation through submersion. The PNC investigators are obliged to submit two police reports to the PUBLIC MINISTRY, one after 24 hours and the other after 72 hours. These functions are known as policing. (5) The women's organization Sobrevivientes (Survivors) puts the figure at 243 based on press reports and visits to the city's central morgue. While the PNC collects statistics on complaints of rape, information as to whether the victim experienced sexual violence prior to being killed is not processed, except in cases where the cause of death was the rape itself (which occurred in one case during 2005). 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