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). 19

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