27
109. On her visit to Guatemala in 2004, the IACHR Rapporteur heard evidence showing how
discriminatory stereotypes operated in practice during the investigation of cases,105 which was an
important feature of the context of violence and impunity described in the proven facts section.
According to the Rapporteur, these attitudes range from a lack of sensitivity to the situation of the
person concerned, to openly hostile and discriminatory attitudes that devalue the person106 and which,
in the opinion of the Commission, may affect the investigation of cases.
110. The IACHR has established that delays occur in investigations in which female victims of
violence are reported missing and the authorities commit two categories of violations: 1) They do not
move quickly to search for the victims; and 2) they discredit and blame the victims for their actions and,
thus, point to them as not deserving of state action to find and protect them.107 This matter is
discussed in greater depth in the following sections.
111. The IACHR concludes that the Guatemalan State has not shown that reasonable
measures were taken to adequately prevent the attack and murder of Claudina Isabel Velásquez Paiz, in
spite of her parents attempts to report her as missing. This failure to comply with the duty to ensure
rights is particularly serious, given that the context of violence against women–of which the State was
well aware–made them particularly vulnerable and bearing in mind the enhanced obligations that the
Convention of Belém do Pará imposes upon the State in cases of violence against women.
112. The IACHR also finds that the State did not show that it adopted the norms or
implemented the measures required under the Convention of Belém do Pará, to enable the authorities
to offer an immediate and effective response to complaints of missing persons and properly prevent
violence against women at the time of these events.108
113. Based on the foregoing considerations, the Commission concludes that in the instant
case, by failing to conduct a search, the State infringed its duty to prevent violations and ensure rights
with respect to Claudina Isabel Velásquez Paiz, in violation of Articles 4(1) and 5 of the American
Convention, in relation to Article 1(1) thereof; and Article 7 of the Convention of Belém do Pará.
B.
Right to a fair trial and judicial protection (Articles 8(1) and 25 of the American
Convention, in connection with Article 1(1) thereof; and Article 7 of the Convention of
Belém do Pará)
114. The obligation of the States to act with due diligence includes enabling access to
suitable and effective remedies when human rights are violated.109 The Inter-American Court has held
105
IACHR, Press Release No. 20/04, IACHR Special Rapporteur evaluates the effectiveness of the right of women in
Guatemala to live free from violence and discrimination.
106
IACHR, Press Release No. 20/04, IACHR Special Rapporteur evaluates the effectiveness of the right of women in
Guatemala to live free from violence and discrimination.
107
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
paragraph 151. 135.
108
See 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. 285.
109
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007.