Guatemala: No protection, no justice: killings of women (an update)

July 18, 2006

Guatemala: No protection, no justice: killings of women (an update)

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(29) Article 116 of the Guatemalan Penal Code gives relatives the right to propose avenues of investigation, participate in proceedings, request certain tests or examinations and seek the intervention of a judge if they disagree with a prosecutor's decision not to carry out a particular line of investigation.

(30) Violencia contra las mujeres. Tratamiento por parte de la justicia penal de Guatemala. IECCP, 2005.

(31) Interview with PDH, 5 April 2006.

(32) Interview with head of the Central morgue, 5 April 2006.

(33) Draft law no. 2630, see

(34) Article 180 applies to articles 176 and 177 (estupro, sexual activity with a minor) that state that the honesty of the woman -- or in this case -- a minor is a basic requirement for establishing the existence of a crime.

(35) The draft law was first presented in March 2002.

(36) For example on 25 November, International Day for the Elimination of Violence against Women, at the initiative of the Congressional Commission on Women, the Guatemalan Congress passed resolution 20-2005 in which it committed itself to taking steps to eradicate violence against women in Guatemala, in particular to legislate against discriminatory legislation.

(37) See and

(38) A draft bill on sexual harassment in the workplace was sent to Congress in 2002.

(39) The draft amendment only proposes to eliminate this provision in cases where there are no medidas sustitutivas, the crime is incomutable and is committed against minors or individuals with menal disorders.

(40) At the time of writing to Amnesty Internatioanl's knowledge, the Public Ministry has still not responded to the Constitutional Court's request for a hearing, during which the Public Ministry would give its judgement regarding the appeal.

(41) See A Summary of Amnesty International's Concerns

with regard to the Guatemalan Government's implementation of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. AI Index: AMR 34/013/2006.

(42) See CAT/C/GTM/CO/4, 18 May 2006,

(43) Nueve capturas por 90 feminicidios, Siglo XXI, 5 May 2006.

(44) See Urgent Action, AI Index AMR 34/017/2006, 8 June 2006.