lack of police protection in guatemala

A multinational investigation involving the United States . Police officers transport the corpse of an inmate after a 'riot' at the Cantel men's prison in Quetzaltenango in western Guatemala. 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. Concluding comments of the Committee on the Elimination of Discrimination against Women: Guatemala (CEDAW/C/GUA/CO/6). 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. (19) Quoted in the press: La Nación, Violencia se ensana con mujeres en Guatemala, 2 April 2006. (15) Many victims are raped, tortured or mutilated before being killed. Although some senior government officials have publicly recognized the seriousness of the killings, Amnesty International is concerned that individual officials, including those at the highest levels of the PNC, still place the blame on the victim and have also made unfair and unsubstantiated generalizations as to the identity of the victim. Two of the main suspects have reportedly consistently failed to respond to summons calling them to testify and are reportedly fugitives. 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. 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. In the face of chronic deficiencies in the investigation of cases of murdered women and girls, in April 2006 the PDH presented a proposal to the Public Ministry and Judiciary which would allow the PDH to oversee the investigation of cases of murdered women and girls throughout Guatemala. (10), The precise number of women who have been murdered continues to be disputed with the Public Ministry, the National Civilian Police (PNC) and the Judiciary generating and referring to different statistics. While different state bodies and non-governmental organizations present different statistics, all statisticts indicate that the number of women killed since the launch of No Protection, no Justice has increased. (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. 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. Guatemala City/Bogot/Brussels, 20 July 2012. 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. (42) See CAT/C/GTM/CO/4, 18 May 2006, www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GTM.CO.4.pdf. 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. 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). She had been decapitated and her body cut up with a machete. 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. Telephone interview with police investigador, 16 May 2006. 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(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. Accoring to the report, he PNC currently boasts manpower of 14,000 officers, which gives it 162 police per 100,000 residents, one of the region's lowest police to civilian ratios. It is unclear whether reform efforts have enough support within the PNC hierarchy to survive over the long term. Governments have repeatedly promised reform, including the Prez administration that took office in January 2012. The murder of 26-year-old Clara Fabiola García, witness to the murder of two sisters, 15-year-old Ana Berta and 18-year-old Elsa Mariela Loarca Hernndez on 7 August 2003 in Guatemala City bears testament to the failure of the authorities to guarantee the effective safety of witnesses. Level of coordination and quality of investigations, Collection of data on violence against women. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. (28) The PDH had previously requested that the Constitutional Court (CC) issue a resolution which would empower the PDH to oversee the investigation of the cases within the Public Ministry, however, the CC responded that this was not necessary as the PDH, in line with article 275 of the Guatemalan Constitution, are already empowered to do so. (45) www.unhchr.ch/huricane/huricane.nsf/view01/C7F2A41A172BC438C125717D0056605A?opendocument. A more aggressive method must be implemented without delay as without a gender perspective the investigation into the killing of a woman is contaminated. (15) Informe de muertes violentas de mujeres 2005. Amnesty International concurs with other national and international experts that the steps taken by government authorities since have been wholly insufficient to address the scale of the problem. Serious deficiencies were reported in relation to the effectiveness of the investigation. Comisión de la Mujer del Congreso de la República. Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. An average of 101 murders per week were reported in 2018. 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. Considering the positive police response after the only undisputed report, 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 authorities were ab le and willing to protect petitioners. . The alarming number of killings and lack of an effective government response has also caught the attention of the international community and prompted demonstrations across Latin America and hearings in the European Parliament and the US Congress. 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.. Relatives of a number of victims have complained that state investigators have been quick to classify their family members as gang members, prostitutes or involved in drug trafficking and in so doing, relate their death to suspected stereotypical behaviour. 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. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) recorded 839 attacks against human rights defenders between January and November. ), 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 . The realities were much closer several weeks ago in Guatemala, . Poor pay and a lack of training have led to lawbreaking by police, including thefts and extortions. Guatemalans gathered in Plaza de la Constitucin in downtown Guatemala City, which has been renamed by feminist collectives as Plaza de las Nias in memory of the 41 girls who died inside a state-ran . Guatemalans Have Had Enough. 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. Instead of being subjected to a forensic examination, all but one item of clothing she was wearing were returned to the family. Guatemala Executive Summary The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemala's battle against crime. However, with the support of women's NGOs some families have become increasingly vocal in their pursuit for justice. 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. After 12 historic and productive years, the mandate of Guatemala's unique anti-corruption commission, the International Commission against Impunity in Guatemala (CICIG by its Spanish acronym), expires exactly a week from today: September 3, 2019. 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. Expectations have been raised, again and again, but results have rarely followed. Around 4,800 men were murdered in Guatemala in 2005. Amnesty International considers that the state's failure to respond appropriately and effectively to emergency calls or reports of missing women engages its responsibility for their subsequent murders. 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. This adversely affects their physical health as well as the . with regard to the Guatemalan Government's implementation of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. She knows the police in Guatemala will not protect her. 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. The report was reviewed by The New . Numbers for the start of 2009 indicate that the rate may grow even higher. (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. Clara Fabiola García subsequently died in hospital. 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 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. 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. (8) See Resolución del Parlamento Europeo sobre Guatemala, P6_TA-PROV(2005)0304, 7 July 2005, See www.acnur.org/biblioteca/pdf/3643.pdf. 2. Failure to take into account gender-based violence suffered by victims has contributed to the inadequate response of the state. Nearly one year on, and despite the existence of critical leads, including witnesses and a potential suspect no further investigations have been carried out. Indigenous Guatemalans, who represent the majority of the country's population, account for an estimated 80 percent of Guatemala's poor. 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 Public Ministry's Witness Protection Programme should be strengthened to guarantee the safety of both witnesses and family members. When Police Repression is Not Enough: A U.S. 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. purge of Guatemala's reformed police force after being named interior . 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. These contextual factors complicate the identification of neglect and raise a number of difficult dilemmas for child protection workers that are exacerbated by limited Guatemalan legislation on. (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. This should also include the period following a conviction when individuals are still at risk of retaliatory violence. The failure of the authorities to identify, detain and bring to justice those responsible for the killings of women and girls sends the message to perpetrators that they will not be held accountable for their actions. I. Mara Salvatrucha and Barrio 18, recruit children who do not attend school or lack adult supervision and protection. Roughly one-quarter of them live in conditions of extreme . 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. KCA sued the national police in domestic courts for more protection. 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. "Impunity" is the issue relatives often refer to as being one of the major contributing factors to the deaths of their loved ones. 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. According to the UNICEF, about 90 percent of domestic violence abuses are not reported (UN 28 Nov. 2011). 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). That Such attitudes coupled with the lack of genuine sanctions for officials who fail to take action to prevent violence against women continues to perpetuate the idea that female victims are to blame for their own deaths and that violence against women is acceptable rather than a violation of girls' and women's fundamental human rights. 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. (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. 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. Impact of Reporting Gang Activities to Police in Guatemala Nov 10, 2021 Indigenous Discrimination and Danger in the Mexican State of Guerrero Of the cases monitored by Amnesty International, there have been only two convictions. The UN recommends that a country employ at least 222 police officers for every 100,000 residents. (40) In cases that occurred prior to December 2005, however, Article 200 can still apply. These cases also appear not to be investigated effectively with press reports indicating that only four percent of cases end in criminal sentences. (17) The Prosecutor's Office for Crimes against Life informed AI that during 2005 it secured 11convictions in cases of murdered women. 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. 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. On her return from a lobbying trip to the Netherlands in March 2006 the family received numerous anonymous telephone calls to their home. Relevant state institutions should coordinate their actions to ensure that these are fully implemented and appropriately assessed with agreed timelines and benchmarks. For example, tests on the principal suspects, to ascertain if they had fired a gun, were not carried out. 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. Victim's families that do undertake investigative efforts or press the state to pursue investigations are subject to threats, harassment, and attacks. 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. Steps need to be taken to guarantee the independence, and availability of adequate human and financial resources of the recently established National Forensic Institute. 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. (18) As noted by the PDH no arrests were made in 97% of cases,(19) more than 70% of the cases have not been investigated and the motive for the killing is unknown. police, body of officers representing the civil authority of government. The murder rate for both men and women has continued to rise, with 23 % more murders in 2005 (5,338 murders) as compared to 2004 (4,346 murders) according to police figures, with 2005 figures representing the highest figures since the end of Guatemala's internal armed conflict (1960-1996). An urgent search mechanism for missing women and girls should be created without further delay. 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. Clearly, children have little protection or support available in this area and are left without any security. In November 2005 simultaneous demonstrations calling for an end to the killings were held in nine Latin American countries. (30) Violencia contra las mujeres. Father of Claudina Velsquez Paíz. (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 CGRS director notes that many women do not report domestic violence due to a lack of "confidence in the justice system to provide protection and a just result," as well as lack of economic opportunities and shelters (24 Apr. International Commission of Jurists (ICJ), December 2005, p 79, see www.icj.org/IMG/pdf/Informe_CIJ_Guatemala.pdf. 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. (37) See www.un.org/News/Press/docs//2006/wom1559.doc.htm and www.un.org/womenwatch/daw/cedaw/cedaw35/cc/Guatemala_rev.pdf. 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. When asked about the lack of police presence, a spokesman for the Minneapolis Police Department said in an email that the department is facing an "unprecedented situation." He added that citizens . Lack of protection for survivors of violence against women and girls in Central America - KIND Voices That Matter Most Become a Volunteer Interpreter/Translator Blog Media English Blog Home Blog Why do they flee? 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. Despite recommendations made by Amnesty International and others, no urgent search mechanisms or comprehensive data collection system of women and girls reported missing have yet been created. (24) Interview with Female Homicide Unit of the PNC, 6 April 2006. Before examining why and how Guatemala's international adoptions and child protection laws have been changed, one must first look at the Hague convention (Dolor, L, 2008). Over the past three years, Guatemala has been pursuing a unique experiment to fight organized crime and government corruptionwith impressive results. (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. For decades, the process of electing the highest authorities in the justice system has been riddled with illegalities, weakening the institutions that comprise it. By continuing to browse the site you are agreeing to our use of cookies. (35) The draft law was first presented in March 2002. The PNC investigators are obliged to submit two police reports to the PUBLIC MINISTRY, one after 24 hours and the other after 72 hours. GUATEMALA CITY. The remaining four cases are cases from outside the department of Guatemala. Registering property is less time-consuming and less costly compared to regional averages ( DB 2016 ). 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