lack of police protection in guatemala

(29) In cases where there are no relatives exerting pressure on the authorities to investigate either because relatives are too afraid to actively pursue investigations or the victim has not been identified, investigations seldom advance. 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. AI Index: AMR 34/013/2006. 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 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. Human Rights Ombudsman's Office. It is unclear whether reform efforts have enough support within the PNC hierarchy to survive over the long term. (17) At the time of writing, only two cases of killings in 2005 had resulted in convictions. 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. 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. (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. When Police Repression is Not Enough: A U.S. Around 4,800 men were murdered in Guatemala in 2005. As one of the Unit's police officers told Amnesty International we don't have the tools to carry out the work. The U.S. offer came during a video call between U.S Vice President Kamala Harris and Guatemalan President Alejandro Giammattei. (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. Fear of reprisals and lack of available protection were quoted by both the PNC and Public Ministry as one of the main reasons why investigations were archived. 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. 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 Constitutional Court should permanently remove Article 200 from the Guatemalan Penal Code in line with its international obligations regarding violence against women and Article 46 of the Guatemalan Constitution which provides that international human rights treaties take precedence over internal law. 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. 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. Hundreds of corrupt or ineffective police officers, prosecutors, judges, and military officials have been investigated and dismissed. These functions are known as policing. However, as the data is processed upwards, in order to arrive at wider departmental or national statistics of male and female homicide victims, the female victim will simply be one of those termed "death by gunshot wound". 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. 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). (17) The Prosecutor's Office for Crimes against Life informed AI that during 2005 it secured 11convictions in cases of murdered women. In its report published in March 2018 (discussed below), the Inter-American Commission on Human Rights called for the army to be no longer engaged in law enforcement. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes. (30) Violencia contra las mujeres. 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 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. 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. Nearly one year on, and despite the existence of critical leads, including witnesses and a potential suspect no further investigations have been carried out. 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. 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. Police Use of Force. Numbers for the start of 2009 indicate that the rate may grow even higher. 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. Press reports, quoting the PNC, have consistently quoted 640 cases of murdered women during 2005. 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. 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. 2630) which proposes the abolition of certain discriminatory provisions and the criminalization of other acts of violence against women, without further delay. 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 realities were much closer several weeks ago in Guatemala, . R. App. IECCP, 2005. Receive the best source of conflict analysis right in your inbox. Roughly one-quarter of them live in conditions of extreme . 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. 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. Gangs, in particular, single out informants . UN High Commissioner for Human Rights following her visit to Guatemala, 27 May 2006.(45). But all too often citizens distrust and fear the police widely dismissed as inefficient, corrupt and abusive as much as the criminals. Senator Tom Carper (D-Del. 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. Today a diverse and broad group of Colombian human rights organizations and victims of excessive use of force by Colombian security forces presented, in collaboration with Amnesty International, a set of proposals with a differential, intersectional and human rights-based approach for comprehensive reform of the . Review our privacy policy for more details. 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. It expressed its deep concern regarding the "increase in the number of cases of women brutally murdered, often with sexual violence, mutilations and torture. U.S. Capitol Police Chief Steven Sund, Senate Sergeant at Arms . Obligations towards victims and their families. Fight injustice and help create a world where human rights are enjoyed by all. Once in the gang, children are forced to steal or engage in illegal activities to help support the gang. Drug traffickers, including Mexican cartels, move at will across porous borders, while criminal gangs dominate many urban areas. 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. It began when George Zimmerman was found not guilty for shooting unarmed 17-year-old black boy, Trayvon Martin, on Feb, 26, 2012. 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). 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. Over the past three years, Guatemala has been pursuing a unique experiment to fight organized crime and government corruptionwith impressive results. (41) In May 2006 the Committee against Torture (CAT) published its concluding observations following the consideration of Guatemala's fourth periodic report. Mobile phones and a fax machine were stolen and files containing sensitive information about their work were searched. It also perpetuates violence against women and fosters a climate of impunity for crimes committed against women and girls. For those children who are in residential care, there have been different effects. Amnesty International offers the following set of recommendations to complement and reinforce those previously made and those of other national and international experts. The friend that was with her at the time but who managed to escape was able to testify against him. The ineptitude of the system results from lack of funding and training, low morale and corruption. 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. (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. 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). (24) Interview with Female Homicide Unit of the PNC, 6 April 2006. 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. (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. . Country Summary: Violent crime such as extortion, murder, armed robbery, carjacking, narcotics trafficking and gang activity are common in Guatemala. (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. (14) For example see Femicidio en Guatemala: crimenes contra la humanidad, Unidad Revolucionaria Nacional Guatemalteca (URNG), November 2005, p67-90. On 25 November 2005 the government announced the creation of the Comisión para el Abordaje del Femicidio, the National Commission to Address Femicide, which aims to develop a diagnostic of the situation from a government perspective and improve coordination between state institutions responsible for the prevention, investigation and prosecution of killings of women and girls. I. International Commission of Jurists (ICJ), December 2005, p 79, see www.icj.org/IMG/pdf/Informe_CIJ_Guatemala.pdf. After repeated requests, including by the Inter-American Commission on Human Rights, in February 2006 one police officer was finally stationed outside her home during the day from Monday to Friday. 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. 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 investigator said they thought Claudina was a nobody because she was wearing sandals and a belly button ring. The association aims to eradicate all forms of violence and discrimination against indigenous women. 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). 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. Lack of protection for survivors of violence against women and girls in Central America Why do they flee? P. 34(a)(2). (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. "Claudina was killed by one thing: impunityClaudina's killer knew that the likelihood of him being found was very remote" father of 19-year-old law student Claudina Velsquez Paíz, murdered on 13 August 2005. UNICEF Botswana focuses on strengthening institutions to prevent and respond to gender-based violence, abuse, neglect, and exploitation of children. What risks does Guatemala face after CICIGs exit? She had been shot and traces of semen were found on her body. 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 . It has been found that 35% of girls in Guatemala are married off before they turn 18. Tratamiento por parte de la justicia penal de Guatemala. 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 (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. Indigenous Guatemalans, who represent the majority of the country's population, account for an estimated 80 percent of Guatemala's poor. 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. An average of 101 murders per week were reported in 2018. The UN-sponsored Commission Against Impunity in Guatemala (CICIG) is providing training to both police and prosecutors. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) recorded 839 attacks against human rights defenders between January and November. 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. Crímenes contra la Humanidad, November 2005, p97. (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). Since 2001 over 2,200 women and girls have been murdered in Guatemala and the rate of murders is on the increase. Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. 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. 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. 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. (5) Many of the murders have been characterised by exceptional brutality, with many victims subjected to sexual violence, mutilation and dismemberment. (5) The women's organization Sobrevivientes (Survivors) puts the figure at 243 based on press reports and visits to the city's central morgue. (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. 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. police, body of officers representing the civil authority of government. Steps need to be taken to guarantee the independence, and availability of adequate human and financial resources of the recently established National Forensic Institute. But all too often citizens distrust and fear the police - widely dismissed as inefficient, corrupt and abusive - as much as the criminals. Founded by five female community leaders in 2001, it now counts more than 400 women from 65. To Amnesty International's knowledge convictions for cases of women killed between 2002 and 2004 were secured in 15 cases in 2005. 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). This should also include the period following a conviction when individuals are still at risk of retaliatory violence. The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemalas battle against crime. Petitioners are natives and citizens of Guatemala. (12) Even within the same unit statistics for murders of women and girls during 2005 have differed. The new president, a retired general, campaigned on the promise that his government would combat crime with an iron fist. 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. WASHINGTON, D.C. U.S. NCB Guatemala is part of Guatemala's national police - called Policia Nacional Civil - which is part of the Ministry of Interior. 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. Instead of being subjected to a forensic examination, all but one item of clothing she was wearing were returned to the family. (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. 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. However, with the support of women's NGOs some families have become increasingly vocal in their pursuit for justice. (38) A draft bill on sexual harassment in the workplace was sent to Congress in 2002. 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. 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. From 2010 to 2013, Barnica and her long-time life partner and now husband, Leslie Rene Lopez ("Rene"), were engaged in business buying gold jewelry in Guatemala and reselling it for profit in Honduras.1 As part of this venture, Rene drove back and 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. She had been beheaded and her body cut into 19 pieces. Clara Fabiola García subsequently died in hospital. Telephone interview with police investigador, 16 May 2006. Nor do police exist in a vacuum; permanent change can only take place within broader efforts to battle corruption and favouritism within the justice system as a whole. He has also promised to strengthen the police by adding thousands of recruits, while restarting stalled efforts to overhaul the institution. The report was reviewed by The New . Comisión de la Mujer del Congreso de la República. 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. purge of Guatemala's reformed police force after being named interior . A more aggressive method must be implemented without delay as without a gender perspective the investigation into the killing of a woman is contaminated. (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. Due to the COVID emergency, Guatemala closed its borders, but continued to allow entry of Guatemalan nationals adults and children, accompanied or unaccompanied who are deported from the U.S. or from Mexico. 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. 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. After Cristina Hernndez was murdered in July 2005, her family went into hiding in fear for their safety after they were intimidated. Blaming the victim On 6 November 2005, the dismembered parts of an unidentified woman were found in three bin bags in Guatemala City. 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. (11) Establishing a comprehensive overview of the statistics regarding both the numbers of women killed as well as the identity of the perpetrators is still therefore extremely difficult. This lack of action is at least partially because the defenders themselves are hesitant to report violence perpetrated against them, so the problem remains invisible. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. (44) It was the third time the offices of the Women's Sector had been broken into. It is critical (determinante) in the questions witnesses and family members are asked, in the way the investigation is carried out and in the position in which the victim is found as a victim or as the instigator of her own death."(31), According to information received by Amnesty International forensic specialists receive no training in relation to the documentation of sexual violence and it is not common practice for forensic experts to refer to international standards on the practice of forensic investigation which includes specific information not only on carrying out effective forensic investigations but also how to detect and investigate cases of sexual violence. In some cases there have also been allegations of complicity by police investigators in covering up crimes or "misplacing" important evidence. Relevant state institutions should coordinate their actions to ensure that these are fully implemented and appropriately assessed with agreed timelines and benchmarks. Published by Teresa Romero , Jun 14, 2022. Reporting gang activities to police puts a person in greater danger because it aggrevates the gang, challenges their authority, and shows disrespect. Guatemala lacks a land registration system, creating an obstacle to landowners and paving the way for abuses, fraud, and illegalities (BTI 2016). Impact of Reporting Gang Activities to Police in Guatemala Nov 10, 2021 Indigenous Discrimination and Danger in the Mexican State of Guerrero 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). 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