REPORT Nº 92/06 PETITION 95-04 ADMISSIBILITY MARÍA ISABEL VÉLIZ FRANCO GUATEMALA October 21, 2006 I. SUMMARY 1. On January 26, 2004, the Inter-American Commission on Human Rights (hereinafter the “Inter-American Commission,” the “Commission,” or the “IACHR”) received a complaint alleging international responsibility on the part of the State of Guatemala (“the State”) for gaps and irregularities in the investigation of the death of María Isabel Véliz Franco, 15 years of age, who disappeared on December 17, 2001 in the City of Guatemala and was found dead the next day. The petition was filed by Rosa Elvira Franco Sandoval de Véliz (hereinafter “the petitioner”), mother of the alleged victim, the Center for Justice and International Law (CEJIL) and the Red de No Violencia Contra Mujeres en Guatemala [Network against Violence against Women in Guatemala] (hereinafter, jointly, “the petitioners”). 2. The petitioners allege that the facts reported constitute a violation of several rights protected by the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”): the right to life (Article 4), right to personal integrity (Article 5), right to personal freedom (Article 7), right to a due process (Article 8), protection of honor and dignity (Article 11), rights of the child (Article 19), right to equal protection (Article 24), and judicial protection (Article 25), as well as Article 7 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women “Convention of Belém do Pará,” all the foregoing in connection with Article 1 (1) of the American Convention. They contend that, in the case of Rosa Elvira Franco Sandoval de Véliz, there is a violation of the right to personal integrity (Article 5) and of her right to protection of her honor and dignity (Article 11). The State of Guatemala, in turn, contends that the investigation of the case is ongoing and manifests its interest in resolving the murders of women that have occurred in recent years in Guatemala resulting from the violence generated against women. 3. Without prejudging the merits of the case, the IACHR concludes in this report that the case is admissible, as it meets the requirements provided for by Articles 46 and 47 of the American Convention. Therefore, the Inter-American Commission decides to notify the parties of this decision and continue reviewing the merits regarding the alleged violation of the rights of María Isabel Véliz Franco protected by Articles 4, 8(1), 11, 19, 24 and 25 of the American Convention, as well as the alleged violation of Article 7 of the American Convention on the Prevention, Punishment and Eradication of Violence against Women “Convention of Belém do Pará,” and Articles 5(1), 8(1), 11 and 25, as applied to the case of Rosa Elvira Franco Sandoval de Véliz, all the aforementioned in connection with Article 1(1) of the American Convention. The Commission also decides to publish this report in its Annual Reportto the General Assembly of the OAS. II. PROCEEDINGS WITH THE INTER-AMERICAN COMMISSION 4. The petition was filed on January 26, 2004. After the initial study of the proceedings, pursuant to Article 30(2) of its Rules of Procedure, on September 24, 2004 the IACHR forwarded the relevant parts of the petition to the State, and granted it two months to submit its observations. The State requested a 30-day extension to submit its observations on the petition on November 19, 2004. The IACHR granted the requested extension of 30 days on December 14, 2004, the same date in which the State was informed the extension had been granted. A note dated December 16, 2004 was received from the State with its observations regarding the petition, which was forwarded to the petitioner. The petitioner submitted her own observations on January 22, 2005. 1