9 45. Rosa Elvira Franco, mother of María Isabel Véliz Franco, identified the body. When she saw the news on television about the discovery, she went to the morgue to find out whether the body that 19 had been found was her daughter’s. 46. Concerning the investigation into the death and the circumstances surrounding it, the Autopsy Report dated February 13, 2002, found the cause of death to be: “Epidural hematoma resulting 20 from a fourth-degree trauma to the cranium.” 47. The Commission’s file on this case contains an April 30, 2002 report by investigator Lucas Gerardo Jiménez Ruano, in which he writes that “unfortunately when the crime scene was processed at the time the body was removed, someone failed to ask that the autopsy include testing for drug use in order to determine whether she [the alleged victim] was drugged before she was killed and 21 tests to establish whether she had been raped.” Here, the IACHR observes that the victim’s body was not examined to determine whether she had been raped. 48. The Commission’s file on this case contains a February 27, 2006 communication from the Office of the Prosecutor to Forensic Physician Pedro Barreno, in which it asks the reasons why the Deputy Prosecutor did not request that the following tests be done on the victim: “the vaginal and anal swab test, the test for nail scrapings; the question is, if for some reason the Deputy Prosecutor forgot to 22 request these tests, would you run such tests automatically?” In response to the question, the Forensic 23 Medical Service answered that those tests are not done automatically. 49. The clothing the victim was wearing and the towels found at the scene of the crime were 24 handed over to the victim’s mother. Later, the authorities asked to have them back for testing and they were packed up at “Mancilla Funeral Home S.A.”. This evidence was sent to the Laboratory at the 25 Scientific Technical Department of the Public Prosecutor’s Office for analysis: Item of evidence No. N/N: Blue canvas trousers with two rear pockets and three front pockets; one of the three front pockets is small […] The trousers have what may be vomit stains and what may be blood stains. Item of evidence No. N/N: A blouse […] The lower portion of the blouse is ripped and the blouse has stains on the front from what may turn out to be semen, possible blood stains, and some hairs. Item of evidence No. N/N: A green towel […] The towel has stains of what appears to be blood, possibly vomit stains and other hairs. 19 Annex 7. Statement from aggrieved party Rosa Elvira Franco Sandoval, dated January 14, 2002. Attachment to the State’s communication of September 25, 2008. 20 Annex 8. Autopsy Report No. 2865/2001, dated February 13, 2002, issued by the Judicial Branch’s Forensic Medical Services, addressed to Iliana Elizabeth Giron Delgado, Deputy Prosecutor. Attachment to the State’s communication of September 25, 2008. 21 Annex 9. Report of Lucas Gerardo Jiménez Ruano, Technician in Criminal Investigations I, dated April 30, 2002, sent to Prosecutor Cándido Francisco Asencio Bremer. Attachment to the State’s communication of September 25, 2008. 22 Annex 10. Communication dated February 27, 2006, MP008/200216242, sent to Pedro Barreno, Forensic Physician in the Judicial Branch, Department of Guatemala, signed by Attorney Sonia Maribel Salguero Herrera, Deputy Prosecutor I of the Public Prosecutor’s Office. Attachment to the petitioners’ communication of April 25, 2007. 23 Annex 11. Communication dated March 9, 2006, I- #. Amp. Nec. 2865-2001.Of.2º, addressed to Attorney Sonia Maribel Salguero Herrera, Deputy Prosecutor I, Mixco Municipal Prosecutor’s Office, Ref. MP008/2002/16242, signed by Dr. Rigoberto Pedro Barreno, Forensic Physician, Department of Guatemala. Attachment to the petitioners’ communication of April 25, 2007. 24 Annex 12. Memorandum No. 2727-01/SIC dated December 19, 2001, from Santos Estuardo García Donis, Deputy Prosecutor in the Public Prosecutor’s Office, to the Office of Criminal Investigations, Public Prosecutor’s Office. Attachment to the State’s communication of September 25, 2008. 25 Annex 13. Report 3321-2001 dated December 29, 2001, issued by Marleny Magdaly Lopez, Technician in Criminal Investigations, addressed to Santos Estuardo García, Deputy Prosecutor in Unit 32 of the Public Prosecutor’s Office. Document supplied by the petitioners in a communication dated April 25, 2007. Attachment to the State’s communication of September 25, 2008.

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