33
132. The removal-of-corpse form states that the following items were found on the corpse:
“Two rings in her navel and a “–illegible–” [sic] with a pendant around her neck,” which remained in the
possession of the assistant prosecutor. 138 However, according to a report by the criminalistic
investigations technician that evidence had been presented, suitably bagged, to the assistant prosecutor
at the scene, with the respective chain-of-custody record.139 Likewise, according to the report by
investigator Carolina Elizabeth Ruiz, the crime scene specialists from the Public Prosecution Service
collected the following items for analysis: a firearm cartridge case, a firearm projectile, a condom
wrapper, a silver ear stud with a rose-colored pearl, a choker made of pink cloth fabric with a pendant of
the queen [sic] Osiris, and a broken, pink, elastic hair band.140 In that regard, at the place where the
condom wrapper was found there was a sachet of dehydrated vegetables of the Cup Ramen brand as
well as a pink sweater. It is curious that the report of the criminalistic investigations technician omits any
mention of the chain and pendant retrieved at the crime scene or of the elastic hair band.
133. The IACHR notes that Claudina Isabel Velásquez’s clothes were not bagged by the Public
Prosecution Service for analysis for possible evidence, even though, as the section on proven facts
shows, they had blood on them, demonstrating negligence in the preservation of evidence. On the
contrary, the clothes were “put in the coffin and given to the relatives without explanation.”141
According to the Human Rights Ombudsman, “this seems to be a common practice on the part of the
Forensic Medical Service, which prevents the preservation of important evidence and makes the
forensic medical authorities responsible for adequately ensuring the chain of custody of evidence.142“
134. The IACHR notes that although the cause of death was established, the autopsy report
did not state the manner, place and time of death.143 Subsequently, at the request of the Public
Prosecution Service,144 the enlarged autopsy report indicated that the distance of the gunshot was less
than 45 centimeters. The time of death was established as “between 7 and 11 hours after the autopsy
was carried out.” [Emphasis added]145 Given the incongruity of the time of death in that report, at the
138
Appendix 14. Removal-of-Corpse Form exclusively for police and prosecutorial use, signed by Rocío Yesenia Reyna
Pérez, Assistant Prosecutor. Copy of judicial record presented by the petitioners on May 31, 2012.
139
Appendix 16. Report of Maynor Giovanni Garrido Veliz, criminalistic investigations technician of September 23,
2005, addressed to Assistant Prosecutor Rocío Reyna. Enclosed with the original petition of December 10, 2007.
140
Appendix 15. Report of investigator Carolina Elizabeth Ruiz Hernández, Official communication 824-05
Ref/JU.JRMF.ruiz of August 13, 2005. Copy of judicial record presented by the petitioners on May 31, 2012.
141
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.
142
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.
143
Appendix 18, Autopsy report of August 16, 2005, No. 2604-05, issued by Mr. Sergio Alder Alfredo Martínez
Martínez, Judicial Medical Examiner, addressed to Rocío Yesenia Reyna Pérez, Assistant Prosecutor. Copy of judicial record
presented by the petitioners on May 31, 2012.
144
Appendix 19. Request by Assistant Prosecutor Etz Sai Rodríguez Cho to Sergio Alder Alfredo Martínez Martínez, to
elaborate on autopsy report No. 2604-2005. Enclosed with the original petition of December 10, 2007.
145
Appendix 20. Enlarged Autopsy Report No. 617-05 of October 7, 2005, issued by Mr. Sergio Alder Alfredo Martínez
Martínez, Judicial Medical Examiner, addressed to Etz Sai Rodríguez Cho, Assistant Prosecutor. Copy of judicial record
presented by the petitioners on May 31, 2012.