50.
The Court will not analyze the alleged facts in this case in isolation, but rather in the
context described, in order to make it possible to understand the evidence and reach a precise
determination of the facts. It will also use this context to assess whether specific standards for
the obligations to prevent and to investigate human rights violations should be applied in this
case. Lastly, the context will be taken into account, if appropriate, when establishing measures
of reparation, specifically with regard to the obligation to investigate and the guarantees of nonrepetition (infra Chapters VII.I, VII.II and VIII).
B. Facts of the case concerning Claudina Isabel Velásquez Paiz
51.
Claudina Velásquez was born on November 21, 1985, in Guatemala City, the daughter of
Elsa Claudina Paiz Vidal and Jorge Rolando Velásquez Durán, and younger sister of Pablo Andrés
Velásquez Paiz.38 At the time of the facts of this case she was 19 years of age and was studying
for a degree in Social and Legal Sciences in the Faculty of Social and Legal Sciences of the
Universidad de San Carlos de Guatemala.39
52.
It is an uncontested fact that, at approximately 8.30 a.m. on August 12, 2005, Claudina
Velásquez left for the university with her brother. In the evening, she made and received several
calls on her mobile phone, with both members of her family and other persons. According to her
family, after Claudina had informed them that she was at a party, they had a final telephone
conversation with her at around 11.45 p.m. and, subsequently, lost contact with their daughter,
who failed to return home. The parents of Claudina Velásquez began to search for her when
they were advised, at around 2 a.m., that she could be in danger by someone who said that
they had been in telephone contact with Claudina and who went directly to the family home to
alert them to this situation. At 2.12 a.m., the National Civil Police (hereinafter “PNC”) received a
report by the 110 number of a possible sexual assault in Colonia Roosevelt.
B.1. Report of her disappearance
53.
It is recorded in the evidence and unchallenged by the State that, on August 13, 2005, at
around 2.50 or 2.55 a.m., the Claudina Velásquez’s parents telephoned the National Civil Police
and, in response, a patrol car arrived at the main guardhouse of Colonia Panorama at
approximately 3 a.m. After the mother and father of Claudina Velásquez informed the police
agents that they were searching for their daughter because she was missing, they followed the
police patrol car searching for their daughter from the main entrance of Colonia Panorama to the
entrance of Colonia Pinares, where the police agents told them that they “were unable to do
anything more and would continue patrolling.”40 The police agents also indicated that they would
manner. These reports show how discriminatory stereotypes operate in practice. These attitudes range from a lack of
sensitivity to the situation of the person concerned, to openly hostile and discriminatory attitudes that devalue the
person. They may, for example, blame the victim and her family for the way they live, the clothes they wear, or the time
they spend outside their home; further, the definition of many of these crimes as “crimes of passion” without due
investigation reflects a pattern of discrimination. This lack of respect for the dignity of the victims or their families has
the effect of “re-victimizing” them.” Cf. IACHR, Press release No. 20/04, September 18, 2004, para. 26. Available at:
http://www.cidh.oas.org/Comunicados/English/2004/20.04.htm
38
Cf. Birth registration on December 2, 1985 (evidence file, folio 3047).
39
Cf. Certification of notes in the Faculty of Social and Legal Sciences of the Universidad de San Carlos de
Guatemala (evidence file, folio 2629).
40
Cf. Statement by Jorge Rolando Velásquez Durán of September 22, 2005, before the assistant prosecutor of the
Public Prosecution Service (evidence file, folio 9); Statement by Elsa Claudina Paiz Vidal of September 22, 2005, before
the assistant prosecutor of the Public Prosecution Service (evidence file, folio 16); Statement by Jorge Rolando
Velásquez Durán of January 24, 2006, before the assistant prosecutor of the Public Prosecution Service (evidence file,
folios 3868 to 3869); Interview of Elsa Claudina Paiz Vidal, Investigation report dated October 24, 2005 (evidence file,
folio 51).
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