46
officials from the Public Prosecution Service even threatening prosecution if the parents refused to
allow the procedure.”209
176. From the foregoing, the Commission concludes that the State of Guatemala violated
Article 5(1) of the American Convention to the detriment of the family members Jorge Rolando
Velásquez Durán, Elsa Claudina Paiz Vidal de Velásquez, and Pablo Andrés Velásquez Paiz, taken in
conjunction with the general obligation to respect and ensure rights envisaged in Article 1(1) of that
international instrument.
VI.
CONCLUSIONS
177. In this report, the Inter-American Commission has evaluated all the elements available
in the case file, based on the human rights standards of the inter-American system and other applicable
instruments, the case law and the literature, in order to decide the merits of the case brought. The
IACHR confirms its findings to the effect that the State of Guatemala is responsible for violations of the
rights to life and humane treatment recognized in Articles 4, 5 and 11 of the American Convention, all in
connection with its obligations under Article 1(1) of that treaty and Article 7 of the Convention of Belém
do Pará. The Commission also finds that the State violated Claudina Isabel Velásquez Paiz’s rights under
Article 7 of the Convention of Belém do Pará, in relation to Article 24 of the American Convention, in
conjunction with the general obligation to respect and ensure rights established in Article 1(1) of the
latter treaty.
178.
Finally, the IACHR concludes that the State violated the right to have one’s integrity
respected, as recognized in Article 5(1) of the American Convention, in relation to the obligations
established in Article 1(1) thereof, to the detriment of Jorge Rolando Velásquez Durán, Elsa Claudina
Paiz Vidal de Velásquez, and Pablo Andrés Velásquez Paiz, as well as the right to a fair trial and judicial
protection recognized at Articles 8(1) and 25 of the American Convention, in conjunction with the
obligations under Article 1(1) thereof and Article 7 of the Convention of Belém do Pará.
VII.
RECOMMENDATIONS
Based on the foregoing analysis and the conclusions it reached in this case, the Inter-American
Commission on Human Rights is recommending to that Guatemalan State that it:
1.
Complete a timely, immediate, serious and impartial investigation to solve the murder
of Claudina Isabel Velásquez Paiz and identify, prosecute and, as appropriate, punish those responsible.
2.
Adopt and/or, as appropriate, adapt investigation protocols and expert witness services
used in all crimes connected with the disappearance, rape or murder of women, in accordance with
international standards on such matters and with a gender-aware perspective.
209
Appendix 37. Andrea Diez Informe sobre las condiciones y condicionantes de género presentes en la sociedad
guatemalteca y en cultura judicial y estatal. El caso de Claudina Velásquez Paiz [Report on gender conditions and constraints in
Guatemalan society and in the judicial and state culture: The case of Claudina Isabel Velásquez Paiz] October 2009. Enclosed
with the original petition of December 10, 2007.