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women in Guatemala; (iii) the creation, in February 2012, of two new courts with
jurisdiction over femicide and other forms of violence against women; (iv) the existence
of inter-institutional coordination for the implementation of policies on prevention and
attention for victims.
As regards the issue of prevention, it reported that training processes and
dissemination of the law against feminicide are being promoted in the population, along
with the training of judicial officers. As regards attention to victims, it states that the
public defense in criminal cases provides accompaniment in legal proceedings and a
network has been established to expand and make effective the attention for women
who have suffered aggression. It added that it has centers for comprehensive attention
for victims.
Finally, the State did not specifically present any information on the second,
fourth, and fifth recommendations, regarding to the full compensation to the relatives of
María Isabel Veliz Franco; the adoption of reforms in the educational programs of the
State since an early stage; the promotion of respect for women as equals and respect
their rights to non-violence and non-discrimination; and the investigation of irregularities
in the investigation of the case were committed by state agents and punish those
responsible.
According to the above mentioned, there is no reason to believe that the State is
adopting or contemplating measures sufficient to comply with the recommendations of
the Commission. Consequently, the Commission submitted the case to the jurisdiction of
the Court by the need for justice in the particular case, the nature and gravity of the
violations and the need to develop inter-American jurisprudence in relation to research in
violence and discrimination against women, particularly regarding girls.
The Commission also notes that more than ten years have passed after the
disappearance and subsequent death of María Isabel Veliz Franco and the State has
not diligently investigated the facts, it has not punished those responsible for such acts,
and the few steps taken have resulted in substantial no progress. Moreover, the
prosecution would said that there is no deadline for the completion of the investigation.
Finally, the State has not repaired the victims, nor taken steps to investigate if any
irregularities in the investigation of the case were committed by state agents and punish
those responsible.
In light of the foregoing, the Commission requests to the Court to declare that the
State of Guatemala is responsible for violations of the rights to life, to personal integrity,
and the rights of the child, recognized in articles 4, 5, and 19 of the American
Convention, all in relation to the obligation established in Article 1(1) thereof and to the
detriment of María Isabel Véliz Franco. The Commission also finds that the State
violated María Isabel Véliz Franco’s rights under Article 7 of the Convention of Belém do
Pará, in relation to Article 24 of the American Convention, as required by the general
obligation to respect and ensure rights established in Article 1(1) of the American
Convention.
The Commission also requests to the Court to declare that the State violated the
right to have one’s integrity respected under Article 5(1) of the American Convention, in
relation to the obligations established in Article 1(1) thereof, to the detriment of Rosa
Elvira Franco Sandoval de Véliz (mother), Leonel Enrique Véliz Franco (brother), José
Roberto Franco (brother), Cruz Elvira Sandoval Polanco de Franco (grandmother,