75
autopsies were performed, and (c) the DNA testing, identification and return of the
remains.
(a)
Irregularities in elaboration of the report on the discovery of the
bodies, preservation of the crime scene, and collection and
handling of evidence
298. The Commission alleged that “the record of the removal of the bodies does not
describe the methods used to collect and preserve evidence” and that the “authorities
associated some of the evidence found […] with certain bodies […] because of its
proximity to the bodies, although it was all found over an extensive area.” The
representatives alleged that the authorities did not search the place adequately. They
added that from all the “objects and evidence observed on the site, no greater results
than the identification of some of their blood types were obtained, without subsequent
comparison with other elements and with the bodies.” Furthermore, both the
Commission and the representatives stated that there was no “official document
recording where the evidence was held” or the names of officials responsible for it. The
representatives added that “[n]o order or sequence was followed in order to identify
the evidence found,” which resulted “in contradictions and inconsistencies in the results
of the expert appraisals.”
299. The irregularities acknowledged by the State during the first stage of the
investigations included “[t]he inappropriate preservation of the site of the discovery,”
the failure to adopt “necessary measures” to ensure that the scene of the crime “was
not contaminated,” “the fact that the evidence collected was not processed
exhaustively,” and that “the items of evidence were not appraised by experts.”
300. This Court has established that the obligation to investigate a death means that
the effort to determine the truth with all diligence must be evident as of the very first
procedures.308 In this regard, the Tribunal has defined the guiding principles to be
observed in an investigation into a violent death. The State authorities who conduct an
investigation of this type must try, at the very least, inter alia: (i) to identify the
victim; (ii) to recover and preserve the probative material related to the death in order
to assist in any potential criminal investigation of those responsible; (iii) to identify
possible witnesses and obtain their statements in relation to the death under
investigation; (iv) to determine the cause, manner, place and time of death, as well as
any pattern or practice that could have caused the death, and (v) to distinguish
between natural death, accidental death, suicide and homicide. In addition, the scene
of the crime must be searched exhaustively, and autopsies and tests of the human
remains must be performed rigorously by competent professionals using the most
appropriate procedures.309
301. In addition, the international standards indicate that, regarding the crime
scene, the investigators must, at the very least: photograph the scene and any other
physical evidence, and the body as it was found and after it has been moved; gather
and conserve the samples of blood, hair, fibers, threads and other clues; examine the
area to look for footprints or any other trace that could be used as evidence, and
308
Cf. Case of Servellón García et al. v. Honduras. Merits, Reparations and Costs. Judgment of
September 21, 2006. Series C No. 152, para. 120; Case of the Miguel Castro Castro Prison v. Peru, supra
note 248, para. 383, and Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations and Costs.
Judgment of July 4, 2007. Series C No. 166, para. 121.
309
Cf. Case of Juan Humberto Sánchez v. Honduras, supra note 305, para. 127; Case of Escué Zapata
v. Colombia. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 165, para. 106, and
Case of Kawas Fernández v. Honduras, supra note 190, para. 102.
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