37
164.
The petitioners maintain that from the start of the investigation, the State agents in
charge, rather than investigate the facts, focused instead on discrediting and dismissing the victim and
her mother, which constitutes a violation of their honor.
165.
After examining the information supplied by the parties, the IACHR concludes that it does
not have sufficient information to find violations of the right to have one’s honor protected and dignity
respected, recognized in Article 11 of the American Convention, in relation to María Isabel Véliz Franco
and Rosa Elvira Franco Sandoval.
VI.
CONCLUSIONS
166.
In this report, the Inter-American Commission has evaluated all the elements available in
the case file, based on the human rights standards of the inter-American system and other applicable
instruments, the case law and the literature, in order to decide the merits of the case brought. The
IACHR confirms its findings to the effect that the State of Guatemala is responsible for violations of the
rights to life, to personal integrity, and the rights of the child, recognized in articles 4, 5, and 19 of the
American Convention, all in relation to the obligation established in Article 1(1) thereof and to the
detriment of María Isabel Véliz Franco. The Commission also finds that the State violated María Isabel
Véliz Franco’s rights under Article 7 of the Convention of Belém do Pará, in relation to Article 24 of the
American Convention, as required by the general obligation to respect and ensure rights established in
Article 1(1) of the American Convention.
167.
Finally, the IACHR concludes that the State violated the right to have one’s integrity
respected under Article 5(1) of the American Convention, in relation to the obligations established in
Article 1(1) thereof, to the detriment of Rosa Elvira Franco Sandoval de Véliz (mother), Leonel Enrique
Véliz Franco (brother), José Roberto Franco (brother), Cruz Elvira Sandoval Polanco de Franco
(grandmother, deceased) and Roberto Franco Pérez (grandfather, deceased), and the right to guarantees
and judicial protection recognized in Articles 8(1) and 25 of the American Convention, in relation to Article
24 thereof, and as required by the general obligation imposed in Article 1(1).
VII.
RECOMMENDATIONS
Based on the foregoing analysis and the conclusions it reached in this case, the Inter-American
Commission on Human Rights is recommending to that Guatemalan State that it:
1.
Complete a timely, immediate, serious and impartial investigation to solve the murder of
María Isabel Véliz Franco and to identify, prosecute and, if appropriate, punish those responsible.
2.
Make full reparations to the next of kin of María Isabel Véliz Franco for the human rights
violations herein established.
3.
As a measure of non-repetition, introduce a comprehensive and coordinated State policy,
backed by sufficient public funds, to ensure that the specific cases of violence against women are
properly prevented, investigated, prosecuted and redressed.
4.
Introduce reforms in the State’s educational programs, starting in the early, formative
years, so as to promote respect for women as equals and observance of their rights to nonviolence and
nondiscrimination.
5.
Investigate the irregularities committed by agents of the State in their investigation of the
case and punish those responsible.
6.
Bolster the institutional capacity to combat impunity in cases of violence against women,
through effective criminal investigations conducted from a gender perspective and that have constant
judicial oversight, thereby ensuring proper punishment and redress.