2
3
4
Franco (grandmother, deceased ) and Roberto Franco Pérez (grandfather, deceased ), and articles 8(1)
and 25 of the American Convention, in relation to Article 24 thereof and in relation to the obligation
established in Article 1(1). The IACHR further concludes that it does not have sufficient information to
establish violations of the right to have one’s honor and dignity protected, recognized in Article 11, in
relation to María Isabel Véliz Franco and Rosa Elvira Franco Sandoval.
II.
PROCESSING WITH THE IACHR
5
6.
On October 21, 2006, the IACHR issued admissibility report No. 92/06.
The
Commission forwarded the report to the petitioners and to the State by a communication dated November
1, 2006. It gave both parties two months in which to submit any additional observations they might have
regarding the merits. It also made itself available to the parties pursuant to Article 48(1)(f) of the
American Convention, for purposes of arriving at a friendly settlement of the matter. The State’s reply
was received on May 14, 2007; the petitioners’ reply was received on January 14, 2007.
7.
The IACHR also received information from the petitioners on the following dates:
December 13, 2006, April 25, 2007, June 19, 2007, September 7, 2007, October 26, 2007, December 24,
2007, May 31, 2008, August 20, 2008, January 2, 2009, April 24, 2009, June 4, 2009, November 10,
2009, September 10, 2010, February 15, 2011 and September 23, 2011. Those communications were
duly forwarded to the State.
8.
The IACHR received observations from the State on the following dates: July 25, 2007,
September 14, 2007, November 14, 2007, December 26, 2007, February 21, 2008, April 21, 2008, July 25,
2008, October 9 and 20, 2008, July 28, 2009, August 24, 2009, February 12, 2010, and July 6, 2010.
Those communications were duly forwarded to the petitioners.
9.
On March 20, 2009, during its 134th regular session, the IACHR held a public hearing,
which was attended by Claudia Paz, whom the petitioners had offered as an expert; the Guatemalan
State was also represented.
Precautionary measures
10.
On November 16, 2005, the Commission granted precautionary measures for Rosa
Elvira Franco Sandoval, Leonel Enrique Véliz Franco, José Roberto Franco Sandoval and Cruz Elvira
Sandoval Polanco. Those precautionary measures are still in effect. In the request seeking
precautionary measures, Rosa Elvira Franco Sandoval alleged that the members of her family were being
constantly harassed, persecuted and threatened by unknown persons carrying weapons.
III.
POSITIONS OF THE PARTIES
A.
The petitioners
11.
The petitioners report that student María Isabel Véliz Franco, age 15, disappeared on
December 17, 2001. They allege that on that very same date, her mother, Rosa Elvira Franco Sandoval
de Véliz, reported her disappearance to the Policía Nacional Civil [National Civil Police] (hereinafter the
“PNC”). Her body was found the following day.
12.
The petitioners maintain that from the moment the complaint was filed, the Guatemalan
authorities have, by action or omission, committed serious violations of due process, resulting in an
3
According to the petitioners, Mrs. Cruz Elvira Sandoval Polanco de Franco died in April 2011.
4
According to the petitioners, Mr. Roberto Franco Pérez died in 2004.
5
See paragraph 2.