or their relatives or their offer of proof.356 Finally, the State has the obligation to provide an
immediate, satisfactory and convincing explanation of what happened to a person who was
under State custody.357
258.
In the instant case, the Court notes that there were no indications of violence in
the death of the victim (nor was it alleged); however, this does not affect the State’s duty to
investigate ex officio, given that she was deprived of her liberty. In this case, reasonable steps
were taken to investigate the matter358which, in addition to ruling out the presence of various
substances in her body, indicated “pulmonary edema” and “hemorrhagic pancreatitis” as the
biological causes of death. Based on this, the Prosecutor’s Office concluded that she died of
“natural causes” and that no crime had been committed, and asked the Court of First Instance
on Criminal Matters, Drug Trafficking and Environmental Crimes to dismiss the case and
archive the complaint, a decision accepted by the latter.
259.
The Court notes that the investigative efforts carried out were effective in
establishing the biological cause of death and, based on those results, the Public Prosecution
Service concluded that this event was not the result of any act considered punishable under
Guatemalan law. In this regard, it has not been established that the State bears responsibility
for the manner in which these inquiries were conducted, or for the decision not to initiate
criminal proceedings against a specific person. Moreover, given that the State must provide,
ex officio, a sufficient and effective explanation to establish the circumstances surrounding the
non-violent death of a person in prison, the failure to determine criminal responsibility should
not necessarily prevent the continuation of the investigation into other types of
responsibilities, such as administrative responsibilities, 359 if appropriate, according to the
circumstances of each case. However, the Court points out that the Commission and the
representatives have not provided sufficient information or arguments to determine the
appropriate channels (or, in this case, the absence of such channels) that should have been
used to investigate other possible actions by public officials, doctors or third parties and to
establish if these could have been related to Mrs. Chinchilla’s death, regardless of the criminal,
disciplinary or other implications that these could have.
260.
For the foregoing reasons, the Court considers that it has not been demonstrated
that the State is responsible for the alleged failure to guarantee access to justice, in the terms
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Quispialaya Vilcapoma
v. Peru, supra, para. 131 and 161.
356
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, para. 111, and Case of Vera Vera et al. v. Ecuador, supra, para. 88. See
also, mutatis mutandi, Case of García Ibarra et al. v. Ecuador, supra, paras. 151 and 152. It is worth mentioning the
case law of the European Court of Human Rights on this matter, which has held that, under Article 3 of the European
Convention, which recognizes the right to personal integrity, the State has the obligation to give a “convincing
explanation” of any injury sustained by someone deprived of their liberty. Likewise, based on Article 3 of the European
Convention in relation to Article 1 thereof, the ECHR has held that an effective official investigation is required when
an individual makes a “credible assertion” that any of his rights stipulated in Article 3 have been infringed by an agent
of the State. The investigation should be capable of identifying and punishing those responsible, because otherwise
the general prohibition of cruel, inhuman and degrading treatment, inter alia, would be “ineffective in practice”, since
it would be possible for agents of the State to abuse the rights of those in their custody with total impunity. Cf. ECHR.
Elci et al. v. Turkey, No. 23141 and 25091/94, Judgment of November 13, 2003, paras. 648 and 649, and Assenov
et al. v. Bulgaria, No. 24760/94, Judgment of October 28, 1999, para. 102.
357
Namely, official removal of the body; autopsy on Mrs. Chinchilla’s body by the Judiciary’s Forensic Medicine
Service of the Department of Guatemala; analysis of samples of blood, liver and gastric contents taken from the
corpse to rule out the presence of ethyl alcohol, methyl alcohol, isopropanol, acetone, other drugs or pesticides by
the Technical Scientific Department (toxicology section) of the Directorate of Criminal Investigations of the Public
Prosecution Service.
358
359
Cf. Case of Mendoza et al. v. Argentina, supra, para. 224.
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