53.
According to the casefile, the alleged victim was detained on February 28, 2008, while she was
receiving medical care in the maternity ward at the Hospital Nacional de San Francisco Gotera. The arrest
report states the following:
Arrest, in flagrante delicto of (...) for the crime of homicide to the detriment of her newborn
child, which took place on the 27th of this month at twelve thirty (...) a visual inspection was
conducted by the police inside and outside the home, which found at the bottom of the septic
pit the lifeless body of the newborn boy (...).29
54.
The Commission observes that the report is not signed by Manuela, nor does it include her
fingerprint. It only states that the alleged victim did not want to sign it.
55.
The same day, an ex oficio public defender was appointed for the alleged victim. However,
there is no indication she was notified of the appointment.30 The Commission observes that the report is not
signed by Manuela, nor does it include her finger print, even though the final document explicitly states that
the thumbprint of the detainee must be placed on the document if the person cannot sign.
56.
On February 29, 2008, the investigator assigned to the casefile made a report stating that she
talked with the alleged victim in the hospital and with her mother at the site of the facts.31
57.
According to the interview report, the mother of the alleged victim told the investigator on the
case that “she did not know her daughter was pregnant, but that her daughter had suffered a miscarriage (...).”32
The interview report also includes a number of characterizations by the investigator:
(...) As an investigator and a woman, it is my opinion that what this woman did (…) she would
not have done, if she did not want her son, she would have given him the opportunity to live
there are people who cannot have children and want them with all their hearts, the baby found
dead and covered in worms was a little boy, well developed, with light brown skin (...) and
physically very pretty, that any woman or mother would have raised with love (...)33
58.
The Commission notes that there is no indication that the alleged victim had legal counsel
during the interview with the investigator on the case.
59.
On February 29, 2008, the head of the Minors and Women Unit of the Office of the Public
Prosecutor of Morazán asked the director of the Hospital Nacional de San Francisco Gotera for a copy of
Manuela's medical records, telling him that "as part of the investigations conducted thus far, it has been
determined that a crime has […] effectively been committed, and as a consequence, she is currently under
detention."34
60.
Later, the hospital director sent a summary of Manuela's medical records from the day she
was admitted to the emergency room. It contained the alleged victim’s personal medical history including “(...)
first menstrual period at 13 years old, began having sexual relations at 22 years old, no family planning
Annex 10. Criminal case file TS066/2008. Arrest report of February 28, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 5.
Annex 11. Criminal case file TS066/2008. Police report on assignation of the public defender of February 28, 2008. Annex 2 to the initial
petition of March 21, 2012, pg. 6.
31 Annex 12. Criminal case file TS066/2008. Interview report by María Ester Hernández de Reyes of February 29, 2008. Annex 2 to the
initial petition of March 21, 2012, pg. 24.1.
32 Annex 12. Criminal case file TS066/2008. Interview report by María Ester Hernández de Reyes of February 29, 2008. Annex 2 to the
initial petition of March 21, 2012, pgs. 24 and 24.1.
33 Annex 12. Criminal case file TS066/2008. Interview report by María Ester Hernández de Reyes of February 29, 2008. Annex 2 to the
initial petition of March 21, 2012, pg. 25.
34 Annex 13. Criminal case file TS066/2008. Request for cooperation of February 29, 2008. Annex 2 to the initial petition of March 21, 2012,
pg. 14.
29
30
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