•
the right to life and to personal integrity recognized in Articles 4, 5 and 11 [sic] of the American
Convention, all in relation to the obligations imposed on the State by Article 1(1) of this instrument and
Article 7 of the Convention of Belém do Pará.
•
the rights of Claudina Isabel Velásquez Paiz under Article 7 of the Convention of Belém do Pará, in relation
to Article 24 of the American Convention, in conformity with the general obligation to respect and ensure
rights established in Article 1(1).
•
the right to personal integrity recognized in Article 5(1) of the American Convention in connection with the
obligations imposed on the State by Article 1(1) of this instrument, 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 judicial guarantees and protection recognized in Articles 8(1) and 25 of the American Convention of
this instrument and in relation to the obligations imposed on the State by Article 1(1) and Article 7 of the
Convention of Belém do Pará.
Recommendations. The Commission recommended that the State:
i.
Complete a prompt, immediate, serious and impartial investigation to solve the murder of Claudina
Isabel Velásquez Paiz and identify, prosecute and, as appropriate, punish those responsible.
ii. Adopt and/or, as appropriate, adapt investigation protocols and expert services used in all crimes
related to the disappearance, rape or murder of women, in accordance with international standards
on such matters and from a gender perspective.
iii. Make full reparations to the next of kin of Claudina Isabel Velásquez Paiz for the human rights
violations […] established.
iv. As a measure of non-repetition, implement a comprehensive and coordinated State policy, backed by
sufficient public funds, for the prevention of violence against women.
v. Bolster the institutional capacity to combat impunity in cases of violence against women, through
effective criminal investigations conducted from a gender perspective that have constant judicial
monitoring, thereby ensuring proper punishment and reparation.
vi. Implement a system to produce appropriate disaggregated statistics, which will allow the design and
evaluation of public policies on the prevention, punishment and eradication of violence against
women.
vii. Introduce reforms in the State’s educational programs, starting in the early formative years, so as to
promote respect for women as equals and observance of their rights to non-violence and nondiscrimination.
viii. Adopt comprehensive public policies and integrated institutional programs designed to eliminate
discriminatory stereotypes about the role of women and to promote the eradication of discriminatory
socio-cultural patterns that prevent women’s full access to justice; this should include training
programs for public officials in all sectors of the State, including education, administration of justice
and police, as well as comprehensive policies on prevention.
d) Notification of the State. Merits Report No. 53/13 was notified to the State on December
5, 2013.
e) Reports relating to the Commission’s recommendations: On January 13, 2014, Jorge
Rolando Velásquez Durán and Carlos Antonio Pop AC indicated their position on Merits Report
53/13. According to the Commission, on February 5, 2014, the State forwarded a report in
which it “contested the conclusions of the Merits Report […] concerning its international
responsibility and indicated that, consequently, it was not in order to establish measures of
reparation for the victim’s next of kin.”
4.
Submission to the Court. On March 5, 2014, the Commission submitted the case to the
jurisdiction of the Inter-American Court by forwarding Merits Report No. 53/13, “owing to the
need to obtain justice for the victims in view of the State of Guatemala’s failure to comply with
its recommendations.” The Commission appointed Commissioner James Cavallaro and Executive
Secretary, Emilio Álvarez Icaza, as its delegates before the Court. Also, Elizabeth Abi-Mershed,
Deputy Executive Secretary, and Silvia Serrano Guzmán and Fiorella Melzi, lawyers of the
Commission’s Executive Secretariat would act as legal advisors.
5.
Requests of the Inter-American Commission. Based on the above, the Commission asked
the Court to declare the international responsibility of Guatemala for the violations indicated in
its Merits Report (supra para. 3.c). It also asked the Court to order the State to make certain
reparations, which are described and analyzed in Chapter VIII of this judgment.
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