37
145. In a hearing on the case before the IACHR, the State held that among the procedures
carried out at the scene of the crime, given the death of the alleged victim, photographs were taken and
a planimetric diagram was drawn of the exact address where the body was found. The state said that
the fingerprints were not taken at the scene of the crime so as not to contaminate the evidence, owing
to the fact that the medical examiner at the scene said that the fingernails had to be scraped for any
possible clues. It was determined that the cause of death was a perforating wound to the head caused
by a firearm projectile and cerebral hemorrhage. The State also indicated that the Public Prosecution
Service has taken a number of procedural steps, including taking statements from, visiting, and
interviewing witnesses; raids and confiscation of objects; the exhumation of a corpse; genetic profile
comparisons of the semen samples found on the alleged victim’s body with nine persons, requests for
telephone records, requests for ne exeat orders, and requests for assistance to the FBI in the USA to
obtain DNA samples from a suspects who was in detention in that country, among other measures.166
146. According to the State, the report of Precinct 142 of National Civil Police District 14,
indicated that there was no record of any call reporting a rape made from Colonia Roosevelt, Zone 11 at
2:12 a.m. on August 13, 2005. The petitioners provided a copy of it and said that they obtained it as a
result of an institutional inquiry ordered by the then-Minister of the Interior, Adela Torre.167
147. While the State has taken and continues to take measures, it has not complied with its
obligation to act with due diligence to identify the persons responsible for the disappearance and
murder of Claudina Isabel Velásquez Paiz. Thus, no one has been made to answer for this act of
violence, which has the effect of creating a climate conducive to chronic recidivism of acts of violence
against women.168
148. The IACHR has singled out the investigation as the critical phase in cases involving
violence against women and has written that the “importance of due investigation cannot be
overestimated, as deficiencies often prevent and/or obstruct further efforts to identify, prosecute and
punish those responsible,” which is precisely what happened in the instant case.169 Therefore, the
Commission observes that in this case the State failed to meet its obligation to investigate the violations
of Claudina Isabel Velásquez Paiz’s human rights with the requisite diligence.
149. The IACHR also notes that the continual reassignment of the case to different
prosecutors interrupted and, therefore, delayed its investigation, with the result that procedures were
not carried in a timely manner or were not considered by the new prosecutors. This situation was
documented by the Ombudsman’s Office, which mentioned that the case passed through the hands of
several different prosecutors and assistant prosecutors at Prosecution Unit 10, Prosecution Unit 14, and
the Section Prosecutor’s Office, with each transfer entailing an interruption in the investigation, not to
mention that many procedures were not carried out in a timely manner or were ignored by the
166
IACHR, Record of Hearing No. 30, Case 12.777, Claudina Isabel Velásquez Paiz, March 27, 2012.
167
IACHR, Record of Hearing No. 30, Case 12.777, Claudina Isabel Velásquez Paiz, March 27, 2012.
168
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. 454. I/A Court H.R., Case of Loayza Tamayo. Reparations (Art.
63(1) American Convention on Human Rights). Judgment of November 27, 1998. Series C No. 42, par. 176, citing I/A Court H.R.,
Case of the “White Van” (Paniagua-Morales et al.) Judgment of March 8, 1998. Series C No. 37, par. 173.
169
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007.