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 two municipalities outside Guatemala City, Villa Nueva and Mixco, activist mayors are trying to combat gangs and create stronger ties between the local communities and law enforcement. Instead of being subjected to a forensic examination, all but one item of clothing she was wearing were returned to the family. (13) Many of the concerns expressed in this report apply equally to the failure to adequately investigate murders whether of men or women. Certain investigative units have demonstrated that the police can given the proper resources, training and supervision solve complex crimes. Statistics also point towards an under-reporting of violence against women in the family, an important contributing factor to murders of women. 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. Francisca López, aged 13, was knifed to death on 2 November 2005 in Guatemala City. Corporation is Suing Guatemala to Crush Local Mining Opposition . Police Use of Force. There are also encouraging developments within the area of preventive or community-oriented policing. 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. (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. 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". removal, and protection under CAT with the Immigration Court. (see www.congreso.gob.gt/uploadimg/documentos/n1652.pdf); Anlisis del Feminicidio en Guatemala. The Guatemalan government should state that gender-based violence is unacceptable and will not be tolerated. 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. 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. The remaining four cases are cases from outside the department of Guatemala. In a survey carried out in 2021, around 13 percent of respondents in Ecuador said that they had been asked or had to pay a bribe in interactions with . In April 2006 the European Parliament held a hearing on the killings of women in both Guatemala and Mexico. 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. 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. In June 2005 Amnesty International published a report No protection, no justice: killings of women in Guatemala(3) to highlight the murder of women and girls in Guatemala and the state's failure to exercise due diligence in preventing, investigating and punishing these crimes. But all too often citizens distrust and fear the police widely dismissed as inefficient, corrupt and abusive as much as the criminals. Child marriage. 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 . 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. ** Convention Against Torture protection ("CAT"). 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? Amnesty International believes that collection of and reference to such data is a necessary requirement for the development of sound policies to combat gender-based violence. 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. 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. 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%). Obligations towards victims and their families. police, body of officers representing the civil authority of government. (9) It called on the Guatemalan government to: 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 police had noted that D.C. law prohibits anyone from carrying a firearm within 1,000 feet of any First Amendment activity. Blaming the victim 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. 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. 2630, see www.congreso.gob.gt/gt/ver_iniciativa.asp?id=348. They said many young girls run off with boyfriends; and so they couldn't start a search for 24 hours.(2). But these efforts are dependent on the financial aid and political backing of donors. (12). In some cases there have also been allegations of complicity by police investigators in covering up crimes or "misplacing" important evidence. Some projects may provide templates for broader institutional change. After making landfall on Nicaragua's Caribbean coast . The Public Ministry's Witness Protection Programme should be strengthened to guarantee the safety of both witnesses and family members. 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 study, Global and Regional Trends in Women's Legal Protection Against Domestic Violence and Sexual Harassment, also found that close to 1.4 billion women lack legal protection against domestic economic violence. Guatemalans Have Had Enough. 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. Officials that make unfounded public statements discrediting the serious nature of crimes committed against women should be dealt with appropriately. The spent shells were reportedly never submitted as part of the investigation. It left five officers injured and a patrol truck on fire. (32) Interview with head of the Central morgue, 5 April 2006. 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. (16) Interview with Sergio Morales, Guatemalan Human Rights Ombudsman, Violencia se ensaña con mujeres en Guatemala, La Nación, San José, Costa Rica, 4 April 2006. The wealthiest 10 percent of Guatemalans earn 47.5 percent of national income, while less than 20 percent is allocated to the poorest 60 percent. 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. High crime rates tend to overwhelm incremental progress, making it harder to resist calls for tough solutions that rely on the superior strength and discipline of the army. 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. Her bloodstained clothes, which may have contained evidence identifying her attackers, were handed back to the family and were buried together with her body. (45) www.unhchr.ch/huricane/huricane.nsf/view01/C7F2A41A172BC438C125717D0056605A?opendocument. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes. Insecurity and inequality prevail, and a history of failed opportunities has created disenchantment in a population eager for change. 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. 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. 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. 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. 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. 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