lack of police protection in guatemala

Drug traffickers, including Mexican cartels, move at will across porous borders, while criminal gangs dominate many urban areas. Fight injustice and help create a world where human rights are enjoyed by all. According to relatives and an NGO supporting the case no effort has been made to locate them. 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. 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. 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. However, with the support of women's NGOs some families have become increasingly vocal in their pursuit for justice. The law requires officers to hold at least a high school degree, but they often had much less, and some individuals had as little as six months of police training before being sent out on the streets. 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. Central Americans targeted by gangs face a difficult choice: leave everything behind or stay put and risk death. (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. 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). Following the demonstration, several relatives were reportedly threatened in apparent reprisal for public calls for investigations into violence against women. 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. 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. Clearly, children have little protection or support available in this area and are left without any security. Then, under the Migrant Protection Protocols (MPP), those who seek asylum in the U . The spent shells were reportedly never submitted as part of the investigation. . (32), Persistence of discriminatory legislation. A more aggressive method must be implemented without delay as without a gender perspective the investigation into the killing of a woman is contaminated. (20) See La Nación, Violencia se ensaña con mujeres en Guatemala, 2 April 2006 and Feminicidio en Guatemala. 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. In the case of women, however, 69% are murdered using a firearm and in 31% of cases the attackers use direct physical violence (knives, blunt objects, strangulation). result of a lack of sufficient training. As one of the Unit's police officers told Amnesty International we don't have the tools to carry out the work. The realities were much closer several weeks ago in Guatemala, . purge of Guatemala's reformed police force after being named interior . Soon after Cristina's murder, in fear for their safety, the family went into hiding where they remain at the time of writing. 2630) which proposes the abolition of certain discriminatory provisions and the criminalization of other acts of violence against women, without further delay. After making landfall on Nicaragua's Caribbean coast . Small monthly salaries of approximately 4,000 quetzals ($535) created an incentive to extort bribes. 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. the lack of any indication that the police would not assist if called again, and the legal protections and services discussed in the country reports, it was reasonable for the BIA to decide that the . (33) The opinion includes the proposal to criminalize violence against women in the family (violencia intrafamiliar), to remove the legal provision that it is only a criminal offence to have sexual relations with a minor as long as the victim is considered "honest" (una mujer honesta),(34) to abolish Article 200 which waives criminal responsibility for rape and certain other crimes of sexual violence (if the victim is more than 12 years old) upon the perpetrator's marriage with the victim and to extend the definition of rape, including by making marital rape a criminal offence. The new president, a retired general, campaigned on the promise that his government would combat crime with an iron fist. [citation needed] The countries with the highest crime and violence rates in Central America are El Salvador and Honduras.In the 1990s Guatemala had four cities feature in Latin America's top ten cities by murder rate: Escuintla (165 per 100,000), Izabal (127), Santa Rosa Cuilapa (111) and . 2012, 7). (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. 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. To Amnesty International's knowledge no steps have been taken to change the perception that many women are in some way to blame for their own deaths or to sanction officials that make such statements. Blaming the victim Her killers remain at large. What risks does Guatemala face after CICIGs exit? According to the UNICEF, about 90 percent of domestic violence abuses are not reported (UN 28 Nov. 2011). The Assistant Prosecutor who was the one who processed the crime scene in the case of my daughter told me that my daughter was killed because she was a nobody, a prostituteshe began to laugh at me and I began to cry and her boss didn't say anything". P. 34(a)(2). The family of Cristina Hernndez took part in the demonstration, carrying a banner with a photo of Cristina and appearing in the media. Serious deficiencies were reported in relation to the effectiveness of the investigation. Around 4,800 men were murdered in Guatemala in 2005. 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. Law enforcement in Guatemala Read Edit View history Guatemalan law enforcement, mainly performed by the civilian-led National Civil Police of Guatemala (PNC), yet assisted by its military, which has a poor record with regard to human rights violations. 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. (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). (41) See A Summary of Amnesty International's Concerns. 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. Police Use of Force. He has also promised to strengthen the police by adding thousands of recruits, while restarting stalled efforts to overhaul the institution. (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. She had reportedly been raped and strangled. 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. The organization made 14 key recommendations to President Óscar Berger and other state institutions calling for immediate action in five key areas: Although the government has begun to take action to address some of these issues, these measures have been limited and insufficient to effectively address the scale and severity of the problem. Amnesty International offers the following set of recommendations to complement and reinforce those previously made and those of other national and international experts. Then after two hours of searching everywhere I went back to the police station to see if they had any newsthey claimed I hadn't reported anything and so they'd done nothing. In April 2006 the European Parliament held a hearing on the killings of women in both Guatemala and Mexico. (44) See Urgent Action, AI Index AMR 34/017/2006, 8 June 2006. This site uses cookies. (17) At the time of writing, only two cases of killings in 2005 had resulted in convictions. 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. Hundreds of corrupt or ineffective police officers, prosecutors, judges, and military officials have been investigated and dismissed. 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. (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. Rates of crime in Guatemala are very high. The friend that was with her at the time but who managed to escape was able to testify against him. Her sister, also a sex worker, who witnessed the killing, reportedly informed the Public Ministry that two plain-clothed policemen shot her sister. According to the information the IACHR has received, the lack of protection of indigenous territorial rights in Guatemala is characterized by a failure to recognize indigenous lands; the lack of a property registry or cadastre system that recognizes ancestral territories and makes it possible to protect the lands that belong to indigenous . The ineptitude of the system results from lack of funding and training, low morale and corruption. ** Convention Against Torture protection ("CAT"). Her parents called the police immediately as the car drove slowly down the hill towards the main road, but were reportedly told that without more details the police could not take action. Mobile phones and a fax machine were stolen and files containing sensitive information about their work were searched. Clara Fabiola García subsequently died in hospital. While the Public Ministry's annual report classifies nearly 42% of the cases attended to by the Special Prosecutor's Office for Crimes against Life during 2005 as "solved", in only 3.8% of these cases was a formal accusation presented and in only 1% of cases did a court hearing take place. Obligations towards victims and their families. Steps need to be taken to guarantee the independence, and availability of adequate human and financial resources of the recently established National Forensic Institute. 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. Receive the best source of conflict analysis right in your inbox. For those children who are in residential care, there have been different effects. NCB Guatemala is part of Guatemala's national police - called Policia Nacional Civil - which is part of the Ministry of Interior. (4) Between 1 January 2006 and 5 May according to police statistics 229 women and girls were killed. Poverty can lead parents to encourage their children to . (30) Violencia contra las mujeres. 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. Guatemala has one of the highest homicide rates in the hemisphere, reaching 48 per 100,000 inhabitants in 2008. Expectations have been raised, again and again, but results have rarely followed. 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. (15) Many victims are raped, tortured or mutilated before being killed. 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. 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. Progress has been made, but achievements are fragile and easily reversed. Once in the gang, children are forced to steal or engage in illegal activities to help support the gang. 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. 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). Certain investigative units have demonstrated that the police can given the proper resources, training and supervision solve complex crimes. 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. (6) For example, on 24 June 2005 Marta Olga Caseros Batres's body was found in zone 6 of Guatemala City. Poor pay and a lack of training have led to lawbreaking by police, including thefts and extortions. 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. The initiatives in Villa Nueva and Mixco rely on local politicians whose successors may not share their commitment. Guatemala lacks a land registration system, creating an obstacle to landowners and paving the way for abuses, fraud, and illegalities (BTI 2016). 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. (34) Article 180 applies to articles 176 and 177 (estupro, sexual activity with a minor) that state that the honesty of the woman or in this case a minor is a basic requirement for establishing the existence of a crime. The ongoing suffering of hundreds of relatives seeking justice for women and girls who have been brutally killed, is exacerbated by the indifference and discrimination they face when they seek help from the authorities. The Public Ministry and Judiciary should sign the agreement in line with article 275 of the Guatemalan Constitution without further delay, to empower the PDH to monitor the investigation of cases of murdered women and girls by the Public Ministry. On 6 November 2005, the dismembered parts of an unidentified woman were found in three bin bags in Guatemala City. 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. 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. 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. Impact of Reporting Gang Activities to Police in Guatemala Nov 10, 2021 Indigenous Discrimination and Danger in the Mexican State of Guerrero The following morning their daughter's dead body was found dumped in a nearby river in Amatitln, her head covered with a black bag and her hands tied. 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. To Amnesty International's knowledge convictions for cases of women killed between 2002 and 2004 were secured in 15 cases in 2005. Officials that make unfounded public statements discrediting the serious nature of crimes committed against women should be dealt with appropriately. I. Combatting violence against children, especially sexual exploitation and abuse, is a key component of programming. 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. These cases also appear not to be investigated effectively with press reports indicating that only four percent of cases end in criminal sentences. More investment in holistic violence prevention strategies and economic alternatives to criminal violence are necessary if the country's chronic insecurity crisis is to be alleviated. The Guatemalan government should state that gender-based violence is unacceptable and will not be tolerated. "Impunity" is the issue relatives often refer to as being one of the major contributing factors to the deaths of their loved ones. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes. Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. It left five officers injured and a patrol truck on fire. (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. It also perpetuates violence against women and fosters a climate of impunity for crimes committed against women and girls. (9) It called on the Guatemalan government to: The organisations signing this letter are respectfully writing to remind you of the obligation of the State of Guatemala to comply without delay with the ruling of 2014 of the Inter-American Court of Human Right "Human Rights Defender and Others vs. Guatemala", in which the adoption of a Public Policy for the Protection of Human Rights . Governments have repeatedly promised reform, including the Prez administration that took office in January 2012. The question is whether his government will be able to muster the resources and will to bolster institutional reform or will rely primarily on militarised crime-fighting operations that provide short-term gains without solving long-term problems. Between January and June 2005, 1,442 cases of violence against women in the family were registered in Guatemala but in only two murders of women during 2005 was the motive described as violence against women in the family. (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. 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. Since the 1996 peace accords that ended 36 years of armed conflict, donors have poured tens of millions of dollars into police and justice sector reform. (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. 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). Of the 176 killings of women between 1 January and 26 March 2006, 24 % of the victims were unidentified on the autopsy report. (1) The name has been changed to protect the identity of the family. In October 2005 a hearing was held in the US Congress on the killings of women in Guatemala, during which the Special Rapporteur on the Rights of Women of the Inter-American Commission spoke as did Guatemalan representatives. The investigator said they thought Claudina was a nobody because she was wearing sandals and a belly button ring. The Ministry of Interior ( Ministerio de Gobernacin) is in charge of Guatemala's law enforcement services. 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. Other basic lines of investigation were not pursued such as seeking witness statements at the hotel where "la mudita" worked. 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 (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. (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. In the United Kingdom, for example, doctors . Congress should approve the draft law to criminalize sexual harassment and the draft law (no. She had been beheaded and her body cut into 19 pieces. From there, media coverage of unarmed black men getting shot began to sky rocket. Level of coordination and quality of investigations, Collection of data on violence against women. 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. (32) Interview with head of the Central morgue, 5 April 2006. The remaining four cases are cases from outside the department of Guatemala. 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. Sensitive information about their work were searched the proper resources, training and supervision solve complex.. Phones and a lack of funding and training, low morale and.. ) which proposes the abolition of certain discriminatory provisions and the criminalization of other national and experts. Who seek asylum in the United Kingdom, for example, doctors efforts overhaul... Beheaded and her body cut into 19 pieces dismembered parts of an woman. Ngos some families have become increasingly vocal in their pursuit for justice of data on violence against women without. Governments have repeatedly promised reform, including Mexican cartels, move at will across borders. 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