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Furthermore, the case was also plagued by discriminatory stereotypes that took a
serious toll on the diligence with which the investigation was conducted. The Commission found
that the failure to protect Claudina Isabel Velásquez Paiz and the failure to properly investigate
her death are a clear reflection of the underlying discrimination against women in Guatemala.
The State of Guatemala ratified the American Convention on Human Rights on May 25,
1978, and accepted the Court’s contentious jurisdiction on March 9, 1987.
The Commission has designated Commissioner James Cavallaro and Emilio Álvarez Icaza
L., executive secretary, as its delegate. Likewise, Elizabeth Abi-Mershed, Deputy Executive
Secretary, Silvia Serrano Guzmán Jorge H. Meza Flores and Ona Flores, attorneys of the
Executive Secretariat of the IACHR, have been designated to serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission is enclosing a copy of Merits Report No. 53/13, prepared in compliance with Article
50 of the American Convention, as well as a copy of the entire file before the Inter-American
Commission (Appendix I.) and the attachments used to prepare the Report on the Merits
(Attachment). The Commission transmitted the Merits Report to the State on December 5,
2013, granting it two months to provide information on the measures adopted in compliance
with the recommendations. On February 5, 2014, the State filed a brief in which it argued that it
bears no international responsibility for the violations declared in the merits report and
therefore need not comply with the recommendations regarding reparations for the victim’s
next of kin.
Taking into account the aforementioned, the Commission submits the case before the
jurisdiction of the Court for the need to obtain justice for the victims of this case and insofar as
the lake of fulfillment of the recommendations by the State of Guatemala.
The Inter-American Commission request to the Court to state that the State of
Guatemala is responsible for violation of:
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the rights to life and humane treatment recognized in Articles 4, 5 and 11 of
the American Convention, all in connection with its obligations under Article
1(1) of that treaty and Article 7 of the Convention of Belém do Pará.

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the State violated Claudina Isabel Velásquez Paiz’s rights under Article 7 of the
Convention of Belém do Pará, in relation to Article 24 of the American
Convention, in conjunction with the general obligation to respect and ensure
rights established in Article 1(1) of the latter treaty

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the State violated the right to have one’s integrity respected, as recognized in
Article 5(1) of the American Convention, in relation to the obligations
established in Article 1(1) thereof, to the detriment of Jorge Rolando Velásquez
Durán, Elsa Claudina Paiz Vidal de Velásquez, and Pablo Andrés Velásquez Paiz,
as well as the right to a fair trial and judicial protection recognized at Articles
8(1) and 25 of the American Convention, in conjunction with the obligations
under Article 1(1) thereof and Article 7 of the Convention of Belém do Pará.

Based on these findings, the Commission recommended that the State:

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