148. That same day, May 25, 2004, the Judiciary’s Forensic Medicine Service of the Department of Guatemala conducted an autopsy on Mrs. Chinchilla’s body and, on June 3, 2004, informed the Public Prosecution Service of the conclusions: “A) pulmonary edema, B) hemorrhagic pancreatitis, C) left pleural effusion and D) congestive heart failure.” 228 149. On June 21, 2004, the Technical Scientific Department (toxicology section) of the Public Prosecution Service’s Office of Criminal Investigations informed the prosecutor that tests were carried out on samples of blood, liver and gastric contents taken from Mrs. Chinchilla Sandoval’s body, in autopsy No. 1499/04 of May 25, 2004. This determined, inter alia, that there was no presence of ethyl alcohol, methyl alcohol or other volatile substances, isopropanol, acetone, or other therapeutic and/or “abuse” drugs, pesticides, herbicides, phosphides and other harmful substances.229 150. Based on that information, the Prosecutor’s Office requested, under the terms of Article 310 of the Code of Criminal Procedure, that the Court of First Instance for Criminal Matters, Drug Trafficking and Environmental Crimes of the Department of Guatemala dismiss the case and archive the file. The Prosecutor’s Office considered that, as evidenced in the autopsy protocol, the cause of death was pulmonary edema and hemorrhagic pancreatitis, and therefore “there [were] no grounds to proceed because the cause of death [did] not constitute a criminal offense, and therefore, [was] not punishable.” 230 151. On January 18, 2005, the Seventh Court of First Instance on Criminal Matters, Drug Trafficking and Environmental Crimes of the Department of Guatemala ordered the case to be archived.231 The decision was based on the fact that, “prior study and analysis of the actions contained in the merits file, suggests there are not sufficient elements of conviction and legal certainty to order the opening of criminal proceedings, considering that according to the forensic report, the cause of death of María Inés Chinchilla Sandoval was pulmonary edema and hemorrhagic pancreatitis; consequently, this Court has no option other than to rule according to law. […] Thus, based on these considerations and on the laws cited, this Court DECIDES: 1) As requested by the Public Prosecution Service, to DISMISS the case and orders it to be archived.” VII MERITS 152. Having regard to the alleged violations of the rights recognized in the Convention in the instant case, the Court will conduct an analysis in the following order: 1) the rights to life and to personal integrity of Mrs. Chinchilla Sandoval; and 2) the right of Mrs. Chinchilla and her next of kin to judicial guarantees and judicial protection. 228 1333). Cf. Judiciary. Forensic Medicine Service, Autopsy No. 1499-2004-Mald., June 3, 2004 (evidence file, folio Cf. Public Prosecution Service. Communication from the Pharmaceutical Chemist of the Chemical Analysis Department to the Prosecutor, June 21, 2004 (evidence file, folios 1335-1336). 229 Cf. Public Prosecution Service. Prosecution Unit for Crimes against Life and the Person. “Vida” Office 04, MP001/2004/105950 of January 11, 2005 (evidence file, folios 1338-1339). 230 Cf. Certification of Enforcement No. 429-96. Judiciary. Of. 7. C-394-2005. Decision of the Seventh Court of First Instance on Criminal Matters, Drug Trafficking and Environmental Crimes of the Department of Guatemala, January 18, 2005 (evidence file, folios 1341-1342). 231 47