8
stigmatizing judgments about victims based on their gender, social class, attire, and tattoos. However,
such actions and comments are not the position of the State and have not been used in its arguments;
they are not institutional conduct or behavior tolerated by the State, given that victims of such
unacceptable conduct have the right of recourse to the relevant administrative proceedings before the
Office of the Supervisor of Courts (Supervisión de Tribunales) or the Office of the Supervisor General of
the Public Prosecution Service (Supervisión General del Ministerio Público) to denounce such
misconduct.”5
42.
Aside from several international instruments for protection of human rights ratified by
Guatemala, the State made reference to various institutions to prevent, provide assistance in, punish,
and eradicate domestic violence and violence against women. The State referred to the creation on
November 24, 2000, of the National Coordinator for Prevention of Domestic and Gender Violence
(CONAPREVI) as a state entity to advise on and implement public policies for eradicating domestic
violence and violence against women, which acts as the coordinating body for public and private
institutions that provide assistance in, prevent, punish, and eradicate these problems. In 2006, the
judiciary created the Unit for Women and Gender Analysis in the Judicial Branch, whose mission is to
mainstream gender awareness in the judiciary. The Unit, in coordination with the Institutional Training
Unit, has made courses on advancement and observance of human rights part of the induction training
provided to would-be judges; it has also included them in the ongoing training given to jurisdictional and
administrative staff, as well as in specialized training. In 2008, the judiciary implemented a new
management model for primary assistance in cases of violence against women and sexual crimes in the
Guatemala City area.
43.
May 7, 2008, saw the enactment of the Law against Femicide and Other Forms of
Violence against Women, which contains preventive measures, criminal classifications, and punitive
mechanisms for ensuring the right of women to a life free from physical, psychological, sexual, and
moral violence, as well as from violence against property. In addition, in September 2010 the first
edition was published of the Protocol for the Law against Femicide and Other Forms of Violence against
Women with the aim of providing judicial system personnel with a toolkit for ensuring women’s right of
access to justice. Furthermore, the Law against Sexual Violence, Exploitation, and Trafficking in Persons
was passed in 2009, aimed at preventing, suppressing, punishing, and eradicating sexual violence,
exploitation, and trafficking in persons, in addition to providing victims with assistance and protection as
well as compensation for damages.
44.
The State notes that the Public Prosecution Service has a Prosecution Unit for Women
and that in May 2008 the Office of the Government Prosecutor for the Metropolitan Area created the
Comprehensive Assistance Model for Cases of Domestic Violence and Sex Crimes (MAI) which is
designed to enhance technical investigation capabilities in cases of violence against women by reducing
the time taken to grant protection measures for victims, augmenting the number of preliminary
investigation procedures and cases submitted to the criminal justice system, and increasing the number
of cases comprehensively dealt with. Moreover, five criminal courts of first instance and sentencing
tribunals for cases of femicide and other forms of violence against women were created in Guatemala
Department and other departments. The State also has in place institutions such as the Office of the
Ombudsperson for Indigenous Women (1999) and the Presidential Secretariat for Women (2001), which
work in the area of national policy for women’s advancement and integral development. There is also
5
Communication from the State, Note No. 381-11 of May 2, 2011.