7
fingerprinted the body, he would have contaminated any evidence that might have been obtained from
the fingernails, the results of which indicated the presence of animal blood.
35.
According to the autopsy performed, the State said that the cause of death was a
“perforating wound to the head caused by a firearm projectile and cerebral hemorrhage.” It described
the constitution of the alleged victim, the signs of death, and the wounds that she presented, which
consisted of one caused by a firearm projectile and abrasions to the right lumbar region, left knee, and
rear of the left foot. It stated that no lesions were described in or around the genital area because there
were none. The State also noted that urine and liver blood samples were taken to screen for blood
alcohol and drug levels, and anal and vaginal swabs were taken to test for the presence of semen.
36.
As regards the investigation, the State held that the crime scene was processed,
inspections were made of the place where the corpse was found and the surrounding areas, as well as
the place where the party that the alleged victim attended on August 12, 2005 has been held.
Statements were taken, elaborations requested on the medico-legal reports on the autopsy, and
requests made for telephone records, expert opinions, and DNA tests, among other procedures. The
State said that the country lacked the necessary special technology for transferring cadavers to the
judicial morgue to perform a forensic autopsy. The State noted that the case file showed that
administrative penalties were imposed on the officials who took part in the initial investigation
procedures.
37.
According to the State, biological tests were performed to identify the blood type in
evidence that was submitted, as well as to establish the presence of semen and/or sperm. It was
established that the alleged victim had sexual intercourse prior to her death but there is no evidence of
rape in the various reports contained in the case file. The vaginal swabs taken from the victim indicate a
genetic profile consistent with that of a male that did not match the genetic profile of any of the
suspects.
38.
The State said the two suspects had been ruled out and that the inquiries were
continuing. The exhumation had been requested at La Verbena cemetery of the corpse of an
unidentified male, thought to be that of Elmer Danilo Portillo Samayoa (a suspect). The State also
mentioned that lines of inquiry had been pursued with respect to Claudio Cana (a suspect), who was
living in the area where the dead body of the alleged victim was found. According to information
received, he drove a taxi as well as engaging in the robbery of vehicles and drug distribution in Colonia
Roosevelt, Zone 11 of Guatemala City. Claudio Cana was a friend of the suspect Elmer Portillo. Claudio
Cana is reportedly in custody in the United States where he is facing homicide charges.
39.
According to the State, the report of Precinct 142 of National Civil Police District 14,
indicated that there was no record of any call for assistance made from Colonia Roosevelt, Zone 11 on
August 13, 2005.
40.
The State said that in order to move forward in the pursuit of justice, the Ministry of
Justice holds monthly roundtable meetings with the family members of the alleged victim to update
them on progress made in the investigations and on the various lines of inquiry being pursued. State
said that psychological support was offered to the relatives but turned down.
41.
The State said that it “has come to its attention, through the cases presented to the
illustrious Commission, that government employees and officials (though not all of them), make