Review of results Project: “Penal Justice and Gender” Instituto de Estudios Comparados en Ciencias Penales de Guatemala (ICCPG)

Background

The Penal Justice and Gender project (JUSPEGUE) implemented by the Institute of Comparative Studies in Penal Science in Guatemala (ICCPG) started in 2003 and is still in progress in 2007. Based on the ICCPG experience in penal justice research and imprisonment issues, a study on women's situation was initiated because of lack of knowledge and attention to women who are deprived of their freedom. JURK (Legal Advice for Women) is the lead organisation for this project in Norway assisted by FOKUS.
The starting point of this project was the lack of knowledge concerning the situation and the first step was to investigate the women's situation in order to be able to develop action strategies.

Purpose/objective

The main purpose of this report is to present the results at the end of four years of project implementation. Moreover an assessment of the work efficiency, its relevance in the Guatemalan context and in relation to the FOKUS projects strategy is made.

Methodology

This review of the results was developed on the basis of written information about the project and the collection of information through interviews and visits in Guatemala between October 15th and November 10th 2006.

Key findings

An important result of this project is the existence of a watch dog for the rights of women deprived of their freedom by the penal system. This did not exist before; and the fact that this now exists puts more pressure on the authorities who are responsible to guarantee the respect for the women's human rights. To guarantee respect for women rights in this situation is a long-term task in a system such as the Guatemalan one and it is vital that such a watch dog function exists.

This review concludes that the project has complied satisfactorily with its specific objectives;

The conditions for incorporating a gender perspective in the penal justice system are better today than four years ago. Knowledge has been created; mass media pays attention; more actors include the issue of women and penal justice in their agenda; there is pressure towards the authorities to improve the situation and some of the proposals from ICCPG have been implemented by the authorities.

Civil servants have access to tools for gender analysis within the penal system and in the application of the law, many have received training and there are examples of application of gender analysis in trials against women.
Mechanisms and instruments for monitoring of the situation of women in prison have been created; the cases of strategic litigation are creating juridical precedents and ICCPG has contributed to the approval of a new law regulating the penal system.

Of the specific results we can emphasize the following ones:

? Knowledge generated on the situation of women deprived of freedom has been spread through campaigns, consciousness raising and training courses and had an impact in mass media, among civil servants, vulnerable women, women's associations and international organisations.
? Among state civil servants the most evident results are found among Public Defenders. Tools exist to incorporate the gender perspective in penal justice, which have already been applied in specific cases by Public Defenders.
? A permanent monitoring mechanism on the situation of women deprived of freedom has been established and there is a systematic follow up of the development of their situation.
? There has been an increase of complaints against police abuse, especially sexual violence against women.
? The first case against a policeman for rape in a police station is now being tried. This is a very difficult trial within the law system and due to intimidation of the employees of ICCPG and the person who has launched the accusation.
? 13 cases of strategic litigation have been launched with a gender perspective; where punishments have been less than expected, with sentences in favour of, for example rights to proper health care in custody centres and attention to cultural rights for indigenous women.
? ICCPG has contributed to the approval of the new Prison System Law which opens up expectations for improving the situation.
? Women who have been identified as being vulnerable to abuse of the penal system and women's' organisations that have participated in training courses have now at their disposal better tools to defend their rights and some examples exist where these tools have been used to defend other women specially against police abuse.
? Women deprived of freedom have better access to assistance and defence.