VII.I. Rights to life164 and personal integrity,165 in relation to Articles 1(1)166 and 2167 of the American Convention and Article 7 of the Convention of Belém do Pará,168 to the detriment of Claudina Isabel Velásquez Paiz A. Arguments of the Commission and of the parties 100. The Commission indicated that the State had failed to comply with its positive obligation to avoid danger to Claudina Isabel Velásquez Paiz, and to ensure her life and personal integrity, taking into account that, in 2005, it was aware of an increase in the violence against girls and women in the country and, consequently, of a real and imminent risk of a possible sexual assault and murder. It argued that, following the first attempt by the parents of the presumed victim to report her disappearance, there was no indication that the State had adopted immediate and effective measures to find her alive. Indeed, the police agents not only failed to conduct a diligent investigation, but even refused to receive the report during the initial hours, which were of vital importance in the case of a young woman reported missing. Furthermore, they did not take the report or the parent’s concern about the disappearance seriously, despite that known context of violence against women and girls. In this case, Claudina Velásquez was found dead with indications of violence and other ill-treatment, including sexual violence. Thus, the State’s lack of prevention had an impact on her personal integrity. Accordingly, the Commission concluded that the State had violated “Article 4(1) of the American Convention in relation to Article 1(1) of the Convention, Article 5 of the American Convention in relation to Article 1(1) of the Convention, and Article 7 of the Convention of Belém do Pará.” 101. Furthermore, during the hearing and in response to the arguments of the State (infra para. 104), the Commission indicated that “the expression ‘reasonable possibility of avoiding the consummation of the risk,’ according to the original case law of the European Court in the case of Osman v. The United Kingdom, meant verifying whether the authorities […] had taken all the measures within the scope of their powers which, judged reasonably, might have been expected Article 4(1) of the Convention establishes: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.”. 165 Article 5(1) of the Convention establishes: “Every person has the right to have his physical, mental, and moral integrity respected”. 166 Article 1(1) of the Convention establishes: “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 167 Article 2 of the Convention establishes: “Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms”. 168 Guatemala ratified the Convention of Belém do Pará on January 4, 1995, and deposited its instrument of ratification with the General Secretariat of the Organization of American States on April 4, 1995, without reservations or limitations. Article 7 of this instrument establishes: “The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and undertake to: (a) refrain from engaging in any act or practice of violence against women and to ensure that their authorities, officials, personnel, agents, and institutions act in conformity with this obligation; (b) apply due diligence to prevent, investigate and impose penalties for violence against women; (c) include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary; (d) adopt legal measures to require the perpetrator to refrain from harassing, intimidating or threatening the woman or using any method that harms or endangers her life or integrity, or damages her property; (e) take all appropriate measures, including legislative measures, to amend or repeal existing laws and regulations or to modify legal or customary practices which sustain the persistence and tolerance of violence against women; (f) establish fair and effective legal procedures for women who have been subjected to violence which include, among others, protective measures, a timely hearing and effective access to such procedures; (g) establish the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to restitution, reparations or other just and effective remedies, and (h) adopt such legislative or other measures as may be necessary to give effect to this Convention.” 164 35