10
Item of evidence No. N/N: A dark blue towel […] The towel is heavily stained with what may turn
out to be blood, and some hairs.
Item of evidence No. N/N: White underpants […] The lower part of the underpants is ripped,
stained with what may be blood, and some hairs.
Item of evidence No. N/N: A beige bra […] The bra contains stains, possibly from blood, and
various hairs.
Item of evidence No. N/N: A pair of long white socks, with stains possibly from blood, stains
possibly from vomit, and some hairs.
[…]
50.
The items were tested for blood and semen, and the hairs were examined. The tests
26
turned out negative for the presence of semen, but blood was found on several articles of clothing. The
analysis of the blood found in item of evidence 1 (canvas trousers), 5 (white underpants) and 6 (beige
27
bra) was type “B” blood, while the blood found on item of evidence 3 (green towel) was type “A”. The
28
victim’s blood type was AB. The IACHR observes that it has nothing in the record of the case to show
that the hairs found on the victim’s body were analyzed.
51.
Among the investigative measures taken as a result of the body’s discovery, the police
investigation report indicates that on January 18, 2002, investigators went to the house that the
anonymous informant reported as being the house where the vehicle from which the alleged victim’s body
had been removed was parked. Investigators observed no vehicle that fit the description given by the
29
anonymous informant.
52.
The case file shows that on July 8, 2003, a search was done of the property at 6th Street
5-24, Colonia Nueva Monserrat, Zone 3 of the Municipality of Mixco. That search did not find the beige
Mazda 323, with a license plate beginning with the numbers 78 or any other evidence associated with the
30
death of María Isabel Véliz Franco.
53.
On May 17, 2002, the prosecutor from Prosecution Unit 32 of the Metropolitan
Guatemala City Prosecutor’s Office declined to take the case based on the fact that on March 11, 2002,
the Eighth Criminal Court of First Instance had declined jurisdiction in the case, arguing that the crime
was committed in the municipality of Mixco. The case files were sent to Mixco’s First Criminal Court of
31
First Instance for Drug Trafficking and Related Offenses.
54.
On June 3, 2002, the case was assigned to Edgar Romero Arana in Prosecution Unit 5 of
32
the Mixco Municipal Prosecutor’s Office. The case file contains a memorandum dated September 16,
2002, from the Deputy Prosecutor in Mixco Prosecution Unit 5, Edgar Romeo Arana, to the Deputy
Executive Secretary of the Public Prosecutor’s Office in which he states that the investigation was not
continued because his office received instructions from above not to pursue the investigation because it
26
Annex 14. Report BIOL-01-1512 dated January 7, 2002, issued by the Bureau of Criminal Investigations. Attachment to
the petitioners’ communication of April 25, 2007.
27
Annex 14. Report BIOL-01-1512 dated January 4, 2002, issued by the Bureau of Criminal Investigations. Attachment to
the State’s communication of June 25, 2007.
28
Annex 15. Expert Report BIOL-01-1510 dated January 4, 2002, issued by the Bureau of Criminal Investigations.
Attachment to the State’s communication of June 25, 2007.
29
Annex 16. Undated police investigation report, signed by investigator Julián Pérez Pérez and Police Officer III Hugo
Leonel Motta Gómez. Attachment to the State’s communication of June 25, 2007.
30
Annex 17. Memorandum MP008/2002/16242 dated July 8, 2003, from Iliana Elizabeth Giron Delgado, Deputy
Prosecutor I. Attachment to the State’s communication of June 25, 2007.
31
Annex 18. Memorandum C-3100-2002 Of. 2do. Issued by the Eighth Criminal Court of First Instance, dated March 11,
2002. Attachment to the State’s communication of June 25, 2007.
32
Annex 19. Memorandum dated September 16, 2002, from Edgar Romero Arana, Deputy Prosecutor in Unit 5 of the
Public Prosecutor’s Office, addressed to Rubén Eliu Higueros Girón, Deputy Executive Secretary of the Public Prosecutor’s Office.
Document supplied by the petitioners on April 25, 2007.