24 violent acts against women, and impunity in the investigation and eventual punishment of such acts. However, before examining these matters, it will refer to the invisibility of violence against women in the case of Guatemala, because this situation allows the absence of official statistical date on gender-based crimes to be understood, and also constitutes a contextual element of the homicidal violence that specifically affects women victims. 68. The report “Guatemala: Memoria del Silencio” states that “[w]omen were victims of every type of human rights violation during the armed conflict, but they also suffered from specific forms of gender-based violence.”63 The Commission for Historical Clarification became convinced that the belittlement to which women were subject was absolute and permitted members of the Army to assault them with total impunity, 64 and concluded that, during the armed conflict, the courts of justice revealed themselves incapable of investigating, processing, trying and punishing those responsible. 69. This situation has persisted following the end of the armed conflict, and is reflected today in a culture of violence that has continued over the years, and which has its own substratum of violence that affects women in particular. Despite this, such violence has gone unnoticed, among other reasons, owing to the absence of official figures until recently, so that it is especially difficult to find reliable statistics that provide trustworthy data on the magnitude of the violence perpetrated against women in Guatemala. Consequently, “[t]he almost complete absence of gender-disaggregated data in official documents means that, in general, less gender violence is recorded than the proportion it truly represents, and even that frequently it is scarcely mentioned.”65 A.2) The evidence on the contextual situation 70. The State, in its answering brief, indicated, in general, that it “rejected several accusations included in the Merits Report […], because in section ‘IV. Established Facts,’ the Commission outlined what it found to be true and, in the State’s opinion, some facts have been disproved by the petitioners, or have been misinterpreted by the Commission.” Despite this assertion, and although it made observations and presented evidence on the contextual situation, the State did not indicate that it directly contested specific aspects of the data and opinions included in the Merits Report and in the motions and arguments brief regarding the existence of a context of gender-based murders and of impunity.66 Accordingly, the Court will assess the information provided by the Commission and the representative, as well as the evidence provided by the latter. Both the Commission and the representative refer mainly to contextual elements related to the situation of women and, to a lesser degree, to elements relating to girls. The Court will also take into consideration the observations and evidence provided by the State. 71. The Court also takes into account that, although several State agencies have produced some information on homicidal violence against women, there are no official figures, at least in relation to acts that occurred before 200867 that allow disaggregating 63 Commission for the Historical Clarification, “Guatemala: Memoria del Silencio”, supra, p. 13. 64 Commission for the Historical Clarification, “Guatemala: Memoria del Silencio”, supra, p. 27. 65 Amnesty International, “Guatemala. No protection, no justice: killings of women,” June 2005, p. 2 (file of attachments to the Merits Report, annex 33, fs. 312 to 356). 66 These statements are found, respectively, in the Merits Report in the subsection entitled “The context: violence against women and girls” (paras. 58 to 66), which can be found in the section on “Established Facts” (paras. 37 to 72), and in the motions and arguments brief in the section entitled “Context,” which begins on page 27 of that brief and ends on page 45 (file of preliminary objections, merits, and reparations and costs, fs. 20 to 23 and 118 to 136, respectively). 67 In its final written arguments, the State indicated “the creation and implementation of the National Information System on Violence against Women. […] This system can be verified on its web page: http://www.ine.gob.gt/np/snvcm/index.” The Court has confirmed that this internet site contains information on acts that have occurred since 2008.

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