(iii) identify possible witnesses and obtain statements from them concerning the death;
(iv) determine the cause, manner, location and time of death, as well as any pattern or
practice that may have brought about the death, and (v) distinguish between natural
death, accidental death, suicide and homicide. The autopsies and analysis of human
remains must be carried out systematically by competent professionals, using the most
appropriate procedures. 263
228. Similarly, the crime scene must be investigated thoroughly, 264 and some essential
basic measures taken to conserve the evidence that could contribute to the success of
the investigation. 265 In this regard, international standards indicate that, regarding the
scene of the crime, the investigator must, at least: photograph the scene, 266 and any
other physical evidence and the body as it was found and after it has been moved;
collect and preserve any samples of blood, hair, fibers and threads or other clues; 267
examine the scene for shoe impressions or any other impressions of an evidentiary
nature, and prepare a report detailing any observations at the scene, actions of
investigators and disposition of all evidence recovered. 268 The Minnesota Protocol
establishes, among other obligations, that, when investigating a crime scene the area
around the body should be closed off, and only the investigator and his staff should be
allowed entry into the area. 269
229. Based on the foregoing, the Court notes that, among the actions taken shortly
after the incident, the State carried out several initial measures. Thus, at 4 p.m. on
November 17, 1996, the day of the incident, a summary investigation was opened 270 by
the Mariño Division of the Technical Unit of the Judicial Police, who arrived at the scene
of the crime and informed the corresponding authorities about what had happened
(supra para. 75). As a result of this summary investigation measures were taken to
collect evidential material, such as: (a) the inspection of the corpse on November 17,
1996 (supra para. 76); (b) the inspection of the scene of the crime at 5 p.m. on
November 17, 1996 (supra para. 77); (c) the autopsy of the corpse on November 18,
1996 (supra para. 79); (d) the confiscation and handing in of the weapon taken from
Igmar Landaeta on November 17 and 18, respectively (supra para. 67); (e) the analysis
of the gunpowder residue on Igmar Landaeta on November 19, 1996 (supra para. 80);
(f) the reception of various statements during November 1996 (supra para. 60 to 68),
263
Cf. Case of Juan Humberto Sánchez, supra, para. 127, and Case of Veliz Franco et al., supra, para. 191.
Cf. United Nations. United Nations Manual on the Effective Prevention and Investigation of Extra-Legal,
Arbitrary and Summary (hereinafter “Minnesota Protocol”), UN Doc. E/ST/CSDHA/.12 (1991).
264
Cf. Case of Juan Humberto Sánchez, supra, para. 127, and Case of Veliz Franco et al., supra, para. 191.
Also Cf. International Committee of the Red Cross (ICRC). Guidelines for Investigating Deaths in Custody.
Annex III. Simplified Checklist for the Management of the Death Scene. October 2013, p. 13. Available at:
http://www.icrc.org/eng/assets/files/publications/Icrc-002-4126.pdf.
265
Cf. Case of González et al. (“Cotton Field”), supra, para. 301, and Case of Luna López, supra, para. 164.
Cf. Minnesota Protocol, supra.
266
Cf. Case of González et al. (“Cotton Field”), supra, para. 301, and Case of Veliz Franco et al., supra,
para. 192.
267
Cf. Case of Servellón García et al., supra, para. 121, and Case of Veliz Franco et al., supra, para. 192.
268
Cf. Case of González et al. (“Cotton Field”), supra, para. 301, citing the Minnesota Protocol, and Case of
Veliz Franco et al., supra, para. 192.
269
Cf. Case of González et al. (“Cotton Field”), supra, para. 301, citing the Minnesota Protocol, and Case of
Veliz Franco et al., supra, para. 192.
270
Article 74 of the Code of Criminal Procedure refers to the summary investigation and established that:
“Every investigating official is obliged to issue, promptly, an order to open the summary investigation when, in
accordance with the provisions of chapter I, title II of this Code, he becomes aware by any means that a
wrongful act has been committed within his jurisdiction, which is not the type of act that can only be
prosecuted by an action that depends on an accusation or complaint by the aggrieved party or at the request
of the Public Prosecution Service.” The competent court and prosecutor were advised of the opening of
summary investigations, and the police authorities, delegated by the judges, acted as investigating bodies. Cf.
Testimony of expert witness Magaly Mercedes Vásquez González of January 28, 2014 (merits file, folio 796).
60