31
number was 3,672 (55% of which were prompted by government failure to investigate and
punish); and between July 1, 2000, and June 30, 2002, the number was 4,719.”96
86.
Data for subsequent years reveals a similar situation. Indeed, in September 2007,
“[o]wing to the extremely high level of impunity, the State […] requested the support of the
international community to deal with this problem, specifically, by the establishment of the
International Commission against Impunity in Guatemala (CICIG).”97 The problem described
is reflected in other data. Thus, for example, it has been said that, in 2006, “about 40% of
the cases filed at the divisional prosecution offices [were] shelved.”98 There is also
information stating that, in 2008, “[a]ccording to official statistics, Guatemala has an
average rate of 5,000 killings per year, while the criminal justice system is unable to shed
light on or bring to trial even 5% of these cases.”99 Subsequently, according to CICIG data,
a 95% impunity rate was recorded for the clarification of murders in judicial proceedings in
2009, decreasing to 72% in 2012.100
87.
This situation must be examined, taking into account also that a high percentage of
crimes are not reported. Thus, it is pertinent to note that a 2007 report, which focused on
information from 2005 but also considered previous and subsequent years, indicated based
on information from an official source that “surveys on victimization in every kind of crime
in Guatemala resulted in a rate of 75% unreported crimes.”101 The report concluded that
“this percentage is probably even higher in cases of sexual offenses.” 102
88.
This situation includes cases involving violent acts committed against women,
including violent deaths. In 2001, as well as in adjacent periods, most trials did not result in
the handing down of convictions.103 In this regard, expert witness María Eugenia Solís
García stated that “[o]n November 2, 2004, the Ombudsman […] indicated that, of 1,118
cases of girls and women murdered between 2001 and 2004, only 9% were investigated.”
Furthermore, there is information indicating that, of the 591,933 reports of violent acts
against women handled by the Public Prosecution Service in 2000, 2001 and 2002, only
96
Inter-American Commission on Human Rights, “Justice and Social Inclusion: the Challenges of Democracy
in Guatemala,” supra, para. 27.
97
International Commission against Impunity in Guatemala (CICIG), “Tercer año de labores”, supra, p. 13.
98
Peace Brigades International (PBI), “10 years without war… waiting for peace,” a report on compliance
with the Peace Accord on Strengthening Civilian Power and the Role of the Armed Forces in a Democratic Society,
supra, p. 16.
99
14.
100
Impunity Watch, “Recognizing the past: Challenges for the Combat of Impunity in Guatemala,” supra, p.
International Commission against Impunity in Guatemala (CICIG), Sexto Informe de labores, supra, p. 6.
101
In this regard, the said report (infra footnote 102) refers to a “report prepared by the congressional
Committee for Women’s Affairs, cited by Siglo XXI, April 24, 2007”.
102
The document, according to page 17, “focuses on 2005; however, some aspects are supplemented by
information from previous years and from 2006 and 2007. The qualitative information refers to perceptions that
are not restricted to a specific or delimited period, but transcend this and reveal more permanent cultural ideas
and practices.” Guatemalan Institute for Comparative Studies in Criminal Science (ICCPG). “Por ser mujer.
Limitantes del sistema de justicia ante las muertes violentas de mujeres y víctimas de delitos sexuales,”
Guatemala, November 2007, p. 3 (file of annexes to the motions and arguments brief, annex 74, fs. 9,703 to
10,461).
103
The Inter-American Commission stated that “the statistics from the Office of the Public Prosecutor for
matters concerning women reveal that more than half the cases denounced over a recent period of time [2003]
were closed without prosecution and very few ever went to trial.” Inter-American Commission on Human Rights,
“Justice and Social Inclusion: the Challenges of Democracy in Guatemala,” supra, para. 297. It has also been said,
based on a report of the United Nations Special Rapporteur on violence against women, its causes and
consequences, that “the Office of the Public Prosecutor for matters concerning women and the special section of
the National Civil Police indicated that 40% of cases are shelved and never investigation.” Amnesty International,
“Guatemala. No protection, no justice: killings of women,” supra, p. 13.