7
36.
As for the alleged character assassination of Rosa Elvira Franco and the alleged victim,
the State denies those claims. The State contends “that such a claim is irresponsible, since the
investigators interviewed persons who were acquaintances of the deceased girl; they were the ones who
described how the victim conducted herself; this was never an opinion invented by the authorities of this
10
institution.” As for the supposed insults to Rosa Elvira Franco, the State is asking for more particulars in
order to be able to conduct an investigation into the matter.
IV.
ESTABLISHED FACTS
37.
The Commission will now sum up the facts that have been established in the instant
case.
38.
At 4:00 p.m. on December 17, 2001, Rosa Elvira Franco Sandoval came to the Public
11
Prosecutor’s Office to report the disappearance of her daughter, María Isabel Véliz Franco, age 15. In
that statement she said that on December 16, 2001, her daughter left the house at 8:00 a.m. headed for
her job at the “Almacen Taxi”. She was to have been home by 8:00 p.m. that day, but never returned.
Rosa Elvira Franco Sandoval stated that on December 17, she went to her daughter’s workplace to look
for her. A friend of her daughter’s told her that on December 16, 2001, at around 7:00 p.m., a rough12
looking fellow asked for her and then waited for her; presumably the two left together. .
39.
The Commission observes that the court file supplied by both parties contains no record
of efforts to find the victim between the time the complaint was filed at 4:00 p.m. on December 17, 2001,
and the time when her body was found at 2:00 p.m. on December 18, 2001.
40.
On December 18, 2001, police officers arrived at the place indicated by the 16th
13
precinct’s central dispatch service to check out a report of a corpse. At 2:15 p.m., there in a vacant lot
st
located on 21 Avenue, facing number 4-48, Zone 8 of Mixco, San Cristóbal II, the body of María Isabel
Véliz Franco was discovered. She was identified as “XX” because she had no identification papers on
her person. The police report indicated that at 2:45 p.m., together with the representative from the Public
Prosecutor’s Office, a record of the body’s discovery was made. The following are excerpts from the
report:
[…] the victim’s face was covered with a green towel and a black towel; there was a brown plastic
tie around her neck; the head was covered in a black-plastic nylon bag. When the body was
discovered, the mouth and nose were full of food (vomit); the body was lying flat, with the face look
west, and the legs east; the arms were at the victim’s side, the legs were extended, and the victim
was lying face down […] PERSONAL FEATURES: dark skin, oval face, broad forehead, eyes
closed, thick eyebrows, snub nose, large mouth, thick lips, brown curly hair, height 1.6 meters,
regular complexion, approximately 18 years old; CLOTHING: blue canvas trousers, short-sleeved
black cotton blouse brand Bobil Shirr; white underpants with purple figures; white socks, black
leather shoes, beige bra. ITEMS FOUND: two semi-plated rings, two plated rings, one leather
bracelet with purple and orange beads, one 25-centavo coin, one yellow chain. VICTIM
PRESENTS THE FOLLOWING INJURIES: one wound to the front of the head, in the left parietal
region near the pinna, presumably inflicted with a knife. The above-described objects are in the
10
The State’s communication of September 12, 2007.
Annex 1. Complaint that Rosa Elvira Franco Sandoval filed with the Public Prosecutor’s Office on December 17, 2001.
Attachment to the State’s communication of September 25, 2008.
11
12
Annex 1. Complaint that Rosa Elvira Franco Sandoval filed with the Public Prosecutor’s Office on December 17, 2001.
Attachment to the State’s communication of September 25, 2008.
13
Annex 2. Memorandum 1,131-2001 dated December 18, 2001, Report from Police Officer Jorge Martín Ortiz, Chief of
Substation 1651, addressed to the Deputy Prosecutor in the Public Prosecutor’s Office for the Municipality of Mixco. Attachment to
the State’s communication of September 25, 2008.