6
required by the general obligation to respect and ensure rights established in Article 1(1) of the
American Convention
The Commission also concluded that the State had:
Violated the right to personal integrity recognized in Article 5(1) of the Convention, in relation to
the obligation established in Article 1(1) thereof, to the detriment of Rosa Elvira Franco Sandoval
de Veliz (mother), Leonel Enrique Veliz Franco (brother), José Roberto Franco (brother), Cruz
Elvira Sandoval Polanco de Franco (grandmother, deceased) and Roberto Franco Pérez
(grandfather, deceased), as well as the right to judicial guarantees and protection recognized in
Articles 8(1) and 25 of the American Convention, in relation to Article 24 of this instrument, and
in relation to the obligation imposed on the State in Article 1(1).
ii. Recommendations.
1.
Complete a timely, immediate, serious and impartial investigation to clarify the murder of
María Isabel Veliz Franco and to identify, prosecute and, as appropriate, punish those
responsible.
2.
Make full reparations to the next of kin of María Isabel Veliz Franco for the human rights
violations […] established.
3.
As a measure of non-repetition, introduce a comprehensive and coordinated State policy,
supported by sufficient public funds, to ensure that the specific cases of violence against women
are properly prevented, investigated, prosecuted and redressed.
4.
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 nonviolence and non-discrimination.
5.
Investigate the irregularities committed by agents of the State in their investigation of the
case and punish those responsible.
6.
Enhance the institutional capacity to combat impunity in cases of violence against women,
through effective criminal investigations conducted from a gender perspective and that have
constant judicial oversight, thereby ensuring proper punishment and redress.
7.
Take measures and launch campaigns designed to make the general public aware of the
duty to respect and ensure the human rights of children.
8.
Adopt comprehensive public policies and institutional programs designed to eliminate
discriminatory stereotypes about a woman’s role 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 government, including education, the various sectors
involved in the administration of justice, and the police, as well as comprehensive policies on
prevention
3.
Notification of the State. The Merits Report was notified to the State on January 3,
2012, and the State was given two months to provide information on compliance with the
recommendations. On March 13, 2012, Guatemala presented a report on progress with
compliance and requested a one-month extension. The Commission granted this extension,
requiring the State to present its report by March 25, 2012. The State did not submit its
report by the said date. On May 2, 2012, the petitioners informed the Commission that, on
March 30, 2012, the State had proposed a friendly settlement agreement to Mrs. Franco
Sandoval. On April 19, 2012, the petitioners had responded to the State that “in view of the
considerably delay in obtaining justice, […] they did not consider it appropriate to sign an
agreement on compliance with recommendations.” Subsequently, in response to the Merits
Report, the State presented information on the investigation and on general public policies.
Finally, the Commission concluded that the State had not presented information expressly
related to the recommendations.
4.
Submission to the Court. On May 3, 2012, the Commission submitted all the facts
and human rights violations described in the Merits Report to the Court’s jurisdiction. The
Commission appointed Commissioner Dinah Shelton and its Executive Secretary at the time,
Santiago A. Canton, as its delegates before the Court. It also indicated that Elizabeth AbiMershed, Deputy Executive Secretary, Isabel Madariaga and Fiorella Melzi, would act as
legal advisers, as well as the then legal adviser, Karla I. Quintana Osuna.
5.
The Inter-American Commission’s requests. Based on the foregoing, the Commission
asked the Court to declare the international responsibility of the State for the violation of: