30
Court takes these into account. In this regard, the Law to Prevent, Punish and Eradicate
Family Violence of November 28, 1996, and the Law against Femicide and Other Forms of
Violence against Women (hereinafter also “Law against Femicide”) adopted in 2008 should
be underlined (supra footnotes 68 and 93).
83.
Despite the importance of the above, it is worth indicating that, in December 2001,
and over the following years, there was a high level of general impunity in Guatemala in
relation to different types of offenses and victims. In this context, most of the violent acts
that resulted in the death of women remained unpunished. In this regard, in 2004, the
United Nations Verification Mission in Guatemala (MINUGUA) stated that:
[d]espite the efforts made to strengthen the justice administration system, now that the Mission’s
work has ended, it can be concluded that there is no proportionality between that investment and the
results obtained. Impunity continues to be a systematic and transversal phenomenon and despite the
changes that have been described in different reports, the population continues to perceive that there
is a situation of defenselessness and impunity.94
84.
The evidence provided to the Court does not reveal that this situation (both the
general and the specific one with regard to violent acts against women) have changed
substantially to date. Thus, although there is data that indicates a decrease in the level of
impunity in recent years, this continues to be very high (infra para. 86). This is pertinent in
the instant case, because the information that the Court has shows that the investigation
has been conducted in the years following 2001; it has not concluded, and it remains at the
initial stage (infra para. 119). This is evident from the information described below.
85.
As the State has indicated, in 2001, “a structural situation of impunity prevailed,”
and “there were no guidelines for the investigation and prosecution of crimes” (supra paras.
17 and 18). For its part, in April 2001, the Inter-American Commission stated that prior to
the period between 1998 and October 2000, “impunity persisted in many cases of human
rights violations and common crime […] which is most worrying to the Commission, because
it signifies that, with few exceptions, human rights are not subject to the judicial protection
required under the American Convention.”95 Moreover, in 2003, citing documents prepared
by the United Nations Verification Mission in Guatemala (MINUGUA), the Inter-American
Commission indicated that “[b]etween October 1, 1999 and June 30, 2000, there were
2,991 verified violations of due process; between July 1, 2000 and June 30, 2000, the
rights.” Concluding observations of the Human Rights Committee, Republic of Guatemala. UN Doc.
CCPR/CO/72/GTM, 27 August 2001, para. 6 (file of annexes to the motions and arguments brief, annex 61, fs.
8339 to 8345). With regard to CONAPREVI and SEPREM, the following merits clarification: The State indicated that
CONAPREVI was created by Government Decision 831-2000 and its amendments: Government Decisions 868-2000
and 417-2003. Its mandate is based on Article 13 of the Convention of Belém do Pará and on article 17 of the Law
against Femicide and Other Forms of Violence against Women.” However, notwithstanding the information provided
on its creation in 2000, CONAPREVI indicated that “[i]t was created in January 2001 as the highest-level institution
responsible for promoting, assessing, and coordinating public policies aimed at reducing violence against women.”
Coordinating Body for the Prevention, Punishment and Eradication of Family Violence and Violence against Women
(CONAPREVI), CONAPREVI Report to the Presidential Human Rights Commission (COPREDEH) in response to the
request of the Inter-American Commission in the case of Claudina Isabel Velásquez Paiz, March 22, 2012, p. 2 (file
of annexes to the answering brief, annex 9, fs. 14,055 to 14,071). SEPREM was created by Government Decision
200-2000, of May 17, 2000. According to the State, this agency of the Executive “assesses and coordinates public
policies to promote the comprehensive advancement of women.” Expert witness Ana Carcedo Cabañas considered
that “the mandates of CONAPREVI and SEPREM overlap,” and that this “problem” became more “complicate[d]”
when “[t[he President subsequently appointed an ‘Anti-Femicide Commissioner.’” Cf. Expert opinion of Ana Carcedo
Cabañas, supra. Despite the foregoing, the State indicated, in its answering brief of December 18, 2012, that, “at
the time the facts [of the case] occurred [n December 2001,] there was no specific legislation or procedures for
cases of violence against women, but [that in December 2012,] such legislation and procedures exist.”
94
United Nations Verification Mission in Guatemala (MINUGUA), Final Report: “Asesoría en Derechos
Humanos,” supra.
95
Inter-American Commission on Human Rights “Fifth Report on the Situation of Human Rights in
Guatemala,” supra, para. 19.