lack of police protection in guatemala
(6) Despite considerable national and international concern including two visits and subsequent recommendations by the United Nations and Inter-American Commission special rapporteurs on Women women and girls continue to be murdered with impunity in Guatemala. 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. Ministerio Público, www.mp.lex.gob.gt/memorias, (22) La Justicia en Guatemala: Un Largo Camino por Recorrer. 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. (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). (15) Informe de muertes violentas de mujeres 2005. (41) See A Summary of Amnesty International's Concerns. Then my brother-in-law went to the homicide department; and they said nothing could be done. 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. Senator Tom Carper (D-Del. 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. Officials that make unfounded public statements discrediting the serious nature of crimes committed against women should be dealt with appropriately. At approximately 9:30 pm on 27 July 2005, 20-year-old university student Cristina Hernndez(1) was forced nto a grey car outside her home by four men. (21) See Memoria de Labores 2005. Tratamiento por parte de la justicia penal de Guatemala. (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. (42) See CAT/C/GTM/CO/4, 18 May 2006, www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GTM.CO.4.pdf. It is unclear whether reform efforts have enough support within the PNC hierarchy to survive over the long term. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. It has been found that 35% of girls in Guatemala are married off before they turn 18. Drug traffickers, including Mexican cartels, move at will across porous borders, while criminal gangs dominate many urban areas. The U.S. offer came during a video call between U.S Vice President Kamala Harris and Guatemalan President Alejandro Giammattei. (12) Even within the same unit statistics for murders of women and girls during 2005 have differed. 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. One example of the manner in which family members are treated by government officials is the case of Rosa Franco, mother of María Isabel Franco, abducted and murdered in December 2001: August 2005 was the last time I went to the prosecutor's office no. I begged them to put up road blocks to stop them and catch them. An average of 101 murders per week were reported in 2018. 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. 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. 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. 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. International Commission of Jurists (ICJ), December 2005, p 79, see www.icj.org/IMG/pdf/Informe_CIJ_Guatemala.pdf. Father of Claudina Velsquez Paíz. Certain investigative units have demonstrated that the police can given the proper resources, training and supervision solve complex crimes. However, with the support of women's NGOs some families have become increasingly vocal in their pursuit for justice. (15) Many victims are raped, tortured or mutilated before being killed. 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. On 6 November 2005, the dismembered parts of an unidentified woman were found in three bin bags in Guatemala City. The level of coordination and cooperation, in particular, between the PNC and the Public Ministry continues to be extremely poor. 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. [File: Alexis Morales/AFP] 20 May 2021. (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. Amnesty International believes that this suffering caused to relatives often amounts to cruel, inhumane and degrading treatment. The friend that was with her at the time but who managed to escape was able to testify against him. 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". 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. "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. http://web.amnesty.org/library/Index/ENGAMR340172005?open&of=ENG-GTM, #NoBanNoWall Protest Resources & Toolkits. Child marriage. Concluding comments of the Committee on the Elimination of Discrimination against Women: Guatemala (CEDAW/C/GUA/CO/6). P. 34(a)(2). (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. 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. Of particular importance is the tendency to discredit the victims by placing the blame for their deaths on their conduct or background. 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.. (41) In May 2006 the Committee against Torture (CAT) published its concluding observations following the consideration of Guatemala's fourth periodic report. The UN recommends that a country employ at least 222 police officers for every 100,000 residents. Clearly, children have little protection or support available in this area and are left without any security. For decades, the process of electing the highest authorities in the justice system has been riddled with illegalities, weakening the institutions that comprise it. Since then, he has deployed troops to help patrol high-crime areas, reinforced the military in border regions to fight drug trafficking and declared a state of siege to quell a local protest. 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. 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. Level of coordination and quality of investigations, Collection of data on violence against women. Poverty can lead parents to encourage their children to . 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. Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. According to relatives and an NGO supporting the case no effort has been made to locate them. Numbers for the start of 2009 indicate that the rate may grow even higher. The association aims to eradicate all forms of violence and discrimination against indigenous women. Small monthly salaries of approximately 4,000 quetzals ($535) created an incentive to extort bribes. UN High Commissioner for Human Rights following her visit to Guatemala, 27 May 2006.(45). Petitioners are natives and citizens of Guatemala. Lack of coordination regarding the respective roles of police investigators and the Public Ministry prosecutors means that many cases do not advance beyond the initial investigation stage. The UN-sponsored Commission Against Impunity in Guatemala (CICIG) is providing training to both police and prosecutors. 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. 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). 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 (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. 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. 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 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. She had been decapitated and her body cut up with a machete. Of the 176 killings of women between 1 January and 26 March 2006, 24 % of the victims were unidentified on the autopsy report. Fight injustice and help create a world where human rights are enjoyed by all. Corporation is Suing Guatemala to Crush Local Mining Opposition . 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. 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. (24) On many occasions interviews do not take place until months after the crime when witnesses or family members are no longer willing to talk or cooperate, often because they have been threatened. Published by Teresa Romero , Jun 14, 2022. News March 2, 2023 Colombia: The National Police must be comprehensively reformed. This places Guatemala amongst the countries with the highest murder rates in Latin America, with approximately 44 murders per 100,000 inhabitants. (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). 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. 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. Guatemala City/Bogot/Brussels, 20 July 2012. It expressed its deep concern regarding the "increase in the number of cases of women brutally murdered, often with sexual violence, mutilations and torture. She had reportedly been raped and strangled. (12). In addition, widespread impunity, including a low conviction rate, sends the message to perpetrators that crimes against women go unpunished. 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). The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives. The obligation to investigate and prosecute all cases of murders ex-officio rarely happens. Since the death of his daughter, Claudina's father had repeatedly visited the Public Ministry, suggested lines of investigation and even carried out independent inquiries. 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. After making landfall on Nicaragua's Caribbean coast . purge of Guatemala's reformed police force after being named interior . R. App. Impeding investigations or failing to take immediate action to prevent injury to women and girls believed to be at immediate risk should be the subject of disciplinary action. The police had noted that D.C. law prohibits anyone from carrying a firearm within 1,000 feet of any First Amendment activity. Acts of harassment and intimidation against relatives of murdered girls and women, witnesses or members of organizations who support them should be thoroughly investigated and the perpetrators bought to justice. 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. The report was reviewed by The New . 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. Police are often also entrusted with various licensing and regulatory activities. Clara Fabiola García subsequently died in hospital. But all too often citizens distrust and fear the police - widely dismissed as inefficient, corrupt and abusive - as much as the criminals. Indigenous Guatemalans, who represent the majority of the country's population, account for an estimated 80 percent of Guatemala's poor. 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. Gangs, in particular, single out informants . UNICEF Botswana focuses on strengthening institutions to prevent and respond to gender-based violence, abuse, neglect, and exploitation of children. is terrified to return to Guatemala. Another issue is child marriage, which has life-long consequences. As one of the Unit's police officers told Amnesty International we don't have the tools to carry out the work. A multinational investigation involving the United States . 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. She knows the police in Guatemala will not protect her. GUATEMALA CITY. Guatemala has one of the highest homicide rates in the hemisphere, reaching 48 per 100,000 inhabitants in 2008. with regard to the Guatemalan Government's implementation of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. (40) In cases that occurred prior to December 2005, however, Article 200 can still apply. 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. 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 end of the civil war ushered in new and complex forms of violence: the rise of gangs, international drug traicking, and corruption.2 During the transition from conlict to "peace" som, e members of the military , intelligence agents, and former police oicers, 2630) which proposes the abolition of certain discriminatory provisions and the criminalization of other acts of violence against women, without further delay. The Ministry of Interior ( Ministerio de Gobernacin) is in charge of Guatemala's law enforcement services. Central Americans targeted by gangs face a difficult choice: leave everything behind or stay put and risk death. Rates of crime in Guatemala are very high. removal, and protection under CAT with the Immigration Court. 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. Review our privacy policy for more details. (32) Interview with head of the Central morgue, 5 April 2006. Subsequent calls to the delivery agencies established that no such parcel existed. 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. Uniformed police agents who came to the hotel allegedly removed the spent shells and told the hotel owner to wash away the blood. Telephone interview with police investigador, 16 May 2006. The next morning her dead body was found. 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). The remaining four cases are cases from outside the department of Guatemala. Guatemala Executive Summary The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemala's battle against crime. 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. It began when George Zimmerman was found not guilty for shooting unarmed 17-year-old black boy, Trayvon Martin, on Feb, 26, 2012. In the case of the rape and murder of Oliberta Elizabeth Calel Gómez, on 2 April 2005 former police agent Bartolome Teni Cu was sentenced to 60 years 50 years for the murder and 10 years for the rape. Such attitudes are evident in public statements by government officials. An urgent search mechanism for missing women and girls should be created without further delay. 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. Two of the main suspects have reportedly consistently failed to respond to summons calling them to testify and are reportedly fugitives. (27) In one of the initial police reports submitted to the Public Ministry the police investigator reportedly suggested that a search be carried out of the property of a man who had previously harassed Cristina and that there were two witnesses who were mugged, apparently by the same individuals who abducted Cristina, but had failed to contribute to the construction of an identikit picture of the suspects. On the International Day for the Elimination of Violence against Women, 25 November 2005, numerous families took part in demonstrations in the capital, calling on the authorities to put an end to the impunity enjoyed by the perpetrators of violence against women. 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%). AI Index: AMR 34/013/2006. From there, media coverage of unarmed black men getting shot began to sky rocket. Lack of protection for survivors of violence against women and girls in Central America Why do they flee? 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. In the case of 17-year-old Andrea Fabiola Contreras Bacaro who was raped and murdered in June 2004 in Jocotenango, Sacatepéquez, and who had the word "vengeance" carved into her leg, in February 2005 Otto René Argueta was sentenced to 35 years. 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). 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. 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. Once in the gang, children are forced to steal or engage in illegal activities to help support the gang. 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