29
Coordinating Body for the Prevention, Punishment and Eradication of Family Violence and
Violence against Women (CONAPREVI), another State agency, has made similar
observations.90
81.
Based on the above, it can be concluded that, in the series of violent deaths of
women that occurred in Guatemala in 2001, the existence of gender-based murder was not
exceptional.91 This conclusion is supported by an assessment of the expert and
documentary evidence relating to dates around December 2001.92 In this regard, it is
opportune to consider that the type of phenomenon examined here has some degree of
continuity over time and that, although it is difficult to define with complete certainty the
moment at which it began, at any rate, at the time at which the facts of this case occurred a
context existed of an increase in homicidal violence against women in Guatemala.
A.4) The State’s actions in the investigation of the murder of women
82.
It should be emphasized that the State, before93 and after the facts of this case, has
taken diverse measures to deal with the discrimination and violence against women and the
90
It stated that “manifestations of violence [against women] reveal the historically asymmetrical relations
between women and men, product of a social organization structured on the basis of inequality, and the oppression
of, and discrimination against, women.” Coordinating Body for the Prevention, Punishment and Eradication of Family
Violence and Violence against Women (CONAPREVI), PLANOVI 2004-2014: National Plan for the Prevention and
Eradication of Family Violence and Violence against Women, supra, p. 6.
91
This does not mean finding it proved that the growth in the number of murders of women is due,
exclusively and mainly, to gender-based violence, or gender-based murder in Guatemala, in 2001 or subsequently,
as a generalized or growing phenomenon. In this regard, reference should be made to evidence provided by the
representatives: a report indicates that two explanations stand out for the increase in the murder of women in
Guatemala; one related to “the overall climate of violence experienced by Guatemala that affects both men and
women,” and the other related to women’s inequality in relation to men. In the document it is asserted that
“[e]ven though violence against women has increased significantly, the available data does not allow it to be
concluded that, in Guatemala, femicide is a generalized phenomenon in the country or that it is increasing.”
Conflict Analysis Resource Center (CERAC), “Guatemala en la encrucijada. Panorama de una violencia
transformada,” supra, p. 59.
92
Expert witness Ana Carcedo Cabañas indicated that “owing to the problems concerning information already
mentioned (supra footnote 70), 40% of the murders of women were classified as femicides and 19% more as cases
in which femicide was suspected.” In this regard, Amnesty International has stated that “[i]n its 2003 report, the
Office of the Ombudsman stated that, from a sample of 61 cases examined in detail, the conclusion could be
reached that 22 of the women had died in a context of sexual abuse.” Amnesty International, “Guatemala. No
protection, no justice: killings of women”, supra, p. 8. The Court notes that the opinion of expert witness Ana
Carcedo Cabañas would lead to the conclusion that, in 2003, an estimated 59% of the murders of women in
Guatemala were committed based on the victim’s gender. Furthermore, the information presented by Amnesty
International, based on State data, would suggest that, the same year, 36.06% of the deaths of women were
associated with a context of sexual abuse. The Court, on the basis of the criteria indicated, finds it possible to
conclude that a significant number of the murders of women in 2003 were committed based on the victims’ gender.
93
Also, with regard to that initial time, the Court notes that, prior to December 2001, the State had taken
steps related to the problem of violence against women. In 1996, the Law to Prevent, Punish and Eradicate Family
Violence, Decree No. 97-1996, November 28, 1996, Guatemala, was promulgated (file of annexes to the answering
brief, annex 20, fs. 14,172 to 14,177). In 2000 and 2001, this was supplemented by regulations and by the
creation of the Coordinating Body for the Prevention, Punishment and Eradication of Family Violence and Violence
against Women (CONAPREVI). In 2000, the Presidential Secretariat for Women (SEPREM) was created and the
National Policy for the Promotion and Development of Guatemalan Women was established for the period from
2001 to 2006 with its Equal Opportunities Plan. In addition, the Law for the Comprehensive Promotion and
Dignification of Women was enacted in March 1999 and the Social Development Act in 2001, by congressional
Decrees No. 7-99 and No. 42-2001, respectively. Article 16 of the latter establishes that “social development” and
“population” policies shall include measures and actions designed, inter alia, to eradicate and to punish any type of
individual or collective violence, abuse and discrimination against women in keeping with the international
conventions and treaties ratified by Guatemala. Coordinating Body for the Prevention, Punishment and Eradication
of Family Violence and Violence against Women (CONAPREVI), PLANOVI 2004-2014: National Plan for the
Prevention and Eradication of Family Violence and Violence against Women, supra, p. 12. In this regard, in August
2001, the United Nations Human Rights Committee “welcome[d] the positive legislative measures adopted [by
Guatemala] on behalf of women and the establishment of various bodies intended to promote and protect women’s