25 101. In this case, the police not only failed to diligently investigate the complaint made by the parents, but refused to accept the complain the initial hours, which were of critical importance in the case of a young woman reported as missing. 102. As the Inter-American Court wrote, States should not merely abstain from violating rights, but must adopt positive measures to be determined based on the specific needs of protection of the subject of law, either because of his or her personal situation or because of the specific circumstances in which he or she finds himself.93 In the instant case, given that Claudina Isabel Velásquez was in peril from the moment her parents sought to report her as missing, it was the State’s duty to take immediate steps to look for her. The above was especially true, given the context of violence against women of which the state was aware. 103. Indeed, as is explained in the section on established facts, in view of the situation in Guatemala, by 2005 the State was well aware of the escalation in violence against girls and women in that country and, therefore, that the alleged victim was facing the very real and imminent danger of possible sexual assault or possibly murder.94 As was established in the section on proven facts, in this particular case, Claudina Isabel Velásquez Paiz was found dead with signs of having been the victim of violence. 104. Article 5(1) of the American Convention on Human Rights provides, “Every person has the right to have his physical, mental, and moral integrity respected.” In the case of Claudina Isabel Velásquez Paiz, the IACHR notes that, according to what was established in the section on proven facts, her body was found with her clothes on inside out and her brassiere removed. According to a police report, the brassiere was covered in blood and the alleged victim was not wearing it; rather it was around her trousers, which led to the presumption that she had been raped.95 Despite the discovery, it was determined that her genital organs were “normal” and the presence of semen was later discovered in the alleged victim’s vaginal cavity. Despite the fact that the authorities did not offer a conclusion about the possibility that she had been raped, notwithstanding the aforementioned evidence, in addition to the bruising around the orbit and jaw, as well as the bleeding around the nose,96 it is fair to surmise that when the alleged victim’s body was discovered it bore signs of having been subjected to violence and other abuse, and therefore, the State’s failure to prevent had consequences for Claudina Isabel Velásquez’s physical integrity. 105. The Commission notes that while the number of reported violent deaths between 2000 and 2005 rose in the population as a whole, the increase was considerably higher in women. The figures 93 I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, par. 243. 94 Application to the I/A Court H.R., María Isabel Véliz Franco, Case 12.578, Guatemala, May 3, 2012. See: http://www.oas.org/en/iachr/decisions/cases.asp 95 Appendix 11. report by investigators Jose Antonio Anaya and Dairyn Antonieta López, RAC. 2005-4813 of October 24, 2005, addressed to Celeste Díaz García, Government Prosecutor, Unit No. 14. Copy of judicial record presented by the petitioners on May 31, 2012. 96 Appendix 26. Office of the Human Rights Ombudsman. Informe de Verificación sobre Violaciones al deber de investigar en el caso de Claudina Isabel Velásquez Paiz [Verification Report on Violations of the Duty to Investigate in the Case of Claudina Isabel Velásquez Paiz]., 24 de octubre de 2006.

Seleccionar párrafo de destino3