6
vehicles registered in the name of the person who was the owner of the property in question. There was
a diskette and a list of vehicle license plates; however, based on the information supplied by the SAT, it
was determined that on the date of the crime no vehicle was registered that fit the description given by
the anonymous informant. The State also observes that the system for identifying the source of calls
received on the 110 line of the National Civil Police was not in place until November 3, 2005; hence, “in
2001, concrete data on the origin of calls could not be obtained since the caller I.D. system was not yet
installed.”
31.
The State also contends that there was no unwarranted delay in conducting the visual
inspection at the vacant lot where the alleged victim’s body was found. It states that three visual
inspections of the site were done, the first of which was on December 18, 2001, the day following the
anonymous call reporting the location of the body. The other visual inspections at the crime scene were
done on December 19, 2002 and June 18, 2003, “since the investigation has been assigned to a number
of different prosecutors, each of which has felt compelled to get a first-hand look at the site where the
7
victim’s body was found.” The State also alleges that a PNC helicopter overflew the scene, “which was
very helpful with the respective documentation.”
32.
The State contends that in this case, as in many others happening in Guatemala, while
the investigations do not turn up positive results because of a lack of physical and scientific evidence, the
Public Prosecutor’s Office has coordinated with the PNC’s Criminal Investigation Service and with the
Bureau of Criminal Investigations to obtain as much information as possible to find the guilty parties. It
also pointed out that a witness in the case had allegedly been located (the State does not say when), but
they were in talks with him to get him to join the Witness Protection Program. According to the State, the
failure to produce positive results has not been for lack of determination. It maintains that a probing
investigation of the case has been conducted through the Public Prosecutor’s Office, to find the party
responsible for the “crimes of the kidnapping and murder” of María Isabel Véliz Franco.
33.
The State contends that although certain forensic tests were not done on the alleged
victim’s body to determine the condition and characteristics of her murder, the following forensic work was
done: an autopsy study, ultraviolet light tests and the acid phosphatase test, which discovered the
presence of blood and hairs but no semen. As for the hairs, the State observes that comparison tests
cannot be made because no suspect has been identified.
34.
On the subject of the calls made from the alleged victim’s cell phone, the State alleges
that it ordered the list of those calls from the telecommunications company back in March 2002. The
State maintains that the case file contains (i) a systematized report with the incidents of incoming and
outgoing calls, and how long the calls lasted, and (ii) a list supplied by the telecommunications company
showing the calls received and made on the cell phone since December 15, 2001. As for the slow pace
in locating the persons who called the victim’s cell phone, the State maintains that “this measure depends
on the information obtained about the residence where these people are located and often is complicated
8
by a change of address; so, the change of address has to be investigated, which can cause some delay.”
35.
As for the identification and location of the original suspect in the murder, the State
contends that he made a statement to the Public Prosecutor’s Office on April 15, 2002. The State alleges
that at that time, it had a witness “behind a window,” who said that “the person was dark-skinned and had
9
tattoos, and that the suspect was definitely not that person.” The original suspect was called in on
repeated occasions thereafter, and never appeared to make a statement. The State further contends that
one witness provided a quick photo of the person who went to meet María Isabel at the “Taxi” boutique on
the day of her disappearance and whose features did not match the physical features of the original
suspect.
7
The State’s note of November 9, 2007.
8
The State’s note of November 9, 2007.
9
The State’s communication of July 23, 2007.