the screams of Claudina Isabel, the abrupt interruption of her telephone call with [ZMB].” They
emphasized that, when analyzing whether the State had violated its positive obligation to
protect life, the European Court of Human Rights “has always assessed the reasonable nature of
the measures taken by the authorities from the perspective of the knowledge they had when
they were notified of the danger to the victim. The victim’s actual fate – which can only be
known a posteriori – does not enter into consideration.”
104. The State stressed that, in this case, it is not being argued that a State agent had killed
Claudina Velásquez or violated her integrity. It also alleged that the rights to life, personal
integrity, and honor and dignity were protected by domestic law. In addition, regarding the time
before Claudina Velásquez went missing, it argued that neither the Commission nor the
representatives had argued that a threat against her existed, and the Court had acknowledged
in the case of Veliz Franco et al. that Guatemala had taken steps to deal with the problem of
violence against women prior to December 2001. With regard to the time before the discovery
of the body, it asserted that it was following 3 a.m., when the police arrived, that it could be
indicated that the State became aware of the disappearance of the presumed victim. It clarified
that there is no evidence that an attempt was made to file a “missing person” report, and it
could be assumed that the police, when they indicated that they would continue their patrol,
were also going to continue looking for the young woman. In its final written arguments, the
State emphasized that those police agents went immediately to the place where Claudina
Velásquez had been seen for the last time and supported the family members in their search in
the area of Colonia Panorama and nearby. Thus, the absence of a written report should be
assessed as a simple formality, regardless of the conduct and attitude of the police agents. In
addition, the State asserted that Claudina Velásquez was probably deceased before it became
aware that she was missing, so that it had no possibility of avoiding or preventing the
perpetration of a crime. “And, at best, the State would only have had one hour to find her,
because her body appeared about two hours after the phone call to the police.” According to the
State, the Court should take into account the reasonable nature of the time that it had to
protect the life and integrity of Claudina Velásquez. Lastly, it added that the examinations
conducted by the doctors of the Judiciary and of the Public Prosecution Service did not
determine that Claudina Velásquez had suffered any violation of her integrity before her death.
Consequently, the State asserted that it had not violated Articles 4, 5 and 11 of the American
Convention,173 in relation to Articles 1(1) and 2 of this instrument, and Article 7 of the
Convention of Belém do Pará.
B. Considerations of the Court
105. In this case it has not been alleged that the State violated its obligation to respect the
rights to life, personal integrity and honor and dignity. The dispute has been presented only with
regard to the State’s alleged non-compliance with the obligation to ensure those rights; on the
one hand, by failing to prevent their violation and, on the other, by failing to investigate the
case effectively. In this chapter, the Court will only examine the State’s alleged non-compliance
with its obligation to prevent the violation of the said rights. The alleged failure to comply with
the obligation to investigate will be examined in the following chapter of this judgment.
Regarding the alleged violation of the right to honor and dignity, the State also indicated that it had not taken a
position that discriminated against the victim or her family, and no order had been issued that a victim should be
categorized in order to determine the subsequent investigation procedure. These arguments will be examined in the
following chapter on the State’s obligation to investigate.
173
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