was missing and that they had information that she could be in danger. 204 Accordingly, in view
of the context of an escalation of homicidal violence against women in Guatemala and the
increase in the level of violence and cruelty inflicted on the bodies of many of the victims (supra
paras. 45 to 48), it is clear that, as of this moment, the State was aware that a real and
immediate risk existed that Claudina Velásquez could be sexually assaulted, subjected to abuse
and/or murdered.
122. The Court has considered repeatedly that, in this context when there are reports of
missing women, an obligation of strict due diligence arises as regards searching for them during
the first hours and days. Since this obligation of means is very strict, it requires that thorough
search activities be undertaken. In particular, the prompt and immediate action of the police,
prosecution and judicial authorities is essential, ordering prompt and necessary measures to
discover the victim’s whereabouts. Appropriate procedures should exist for reports, and these
should lead to an effective investigation starting immediately. The authorities should presume
that the person missing is still alive until the uncertainty about their fate ends.205
123. Accordingly, the Court must now examine the steps taken by the Guatemalan authorities,
knowing the context and the nature of the danger reported, in order to determine whether those
authorities promptly took the necessary measures within the scope of their powers that could
reasonably be expected to prevent or avoid that danger.
124. The repeated statements by Claudina Velásquez’s parents reveal that they followed the
police patrol looking for their daughter from the main entrance of Colonia Panorama to the
entrance of Colonia Pinares, where the police agents told them that they “could not do anything
more and would continue patrolling,”206 informing them also that they would “have to wait at
least 24 hours to be able to report that Claudina Velásquez was missing.207
125. When the police left, Claudina Velásquez’s parents continued their efforts to find her
(infra paras. 127 and 128). At around 5 a.m., they went to the Ciudad San Cristóbal police
station to report their daughter’s disappearance; however, once again they were told that they
must wait 24 hours.208 In this regard, during the public hearing before this Court, Jorge
Jorge Velásquez stated during the public hearing: “We advised them of what had happened; we told them that
a woman who had been with us had come and told us that Claudina was in danger; we stressed that she was in danger;
we begged them to receive the report in order to start the search.” Cf. Statement made before the Inter-American Court
by Jorge Rolando Velásquez Durán during the public hearing held on April 21, 2015. See also, Statement by Jorge
Rolando Velásquez Durán of September 22, 2005, before the assistant prosecutor of the Public Prosecution Service
(evidence file, folio 9); Statement by Jorge Rolando Velásquez Durán of January 24, 2006, before the assistant
prosecutor of the Public Prosecution Service (evidence file, folios 3868 to 3869), and Statement by Elsa Claudina Paiz
Vidal of September 22, 2005, before the assistant prosecutor of the Public Prosecution Service (evidence file, folio 16).
205
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 283, and Case of Veliz Franco et al. v.
Guatemala, supra, para. 141.
206
Cf. Statement made before the Inter-American Court by Jorge Rolando Velásquez Durán during the public
hearing held on April 21, 2015; Statement by Jorge Rolando Velásquez Durán of September 22, 2005, before the
assistant prosecutor of the Public Prosecution Service (evidence file, folio 9); Statement by Elsa Claudina Paiz Vidal of
September 22, 2005, before the assistant prosecutor of the Public Prosecution Service (evidence file, folio 16);
Statement by Jorge Rolando Velásquez Durán of January 24, 2006, before the assistant prosecutor of the Public
Prosecution Service (evidence file, folio 3869), and Interview of Elsa Claudina Paiz Vidal, Investigation report dated
October 24, 2005 (evidence file, folio 51).
207
Cf. Statement made before the Inter-American Court by Jorge Rolando Velásquez Durán during the public
hearing held on April 21, 2015; Statement by Elsa Claudina Paiz Vidal of September 22, 2005, before the Prosecutor for
Crimes against Life and Integrity (evidence file, folio 3811); Statement by Elsa Claudina Paiz Vidal of September 22,
2005, before the assistant prosecutor of the Public Prosecution Service (evidence file, folio 16), and Psychiatric
assessment of Jorge Rolando Velásquez Durán of October 21, 2009 (evidence file, folio 198).
208
Cf. Statement by Jorge Rolando Velásquez Durán of January 24, 2006, before the assistant prosecutor of the
Public Prosecution Service (evidence file, folio 3871), Psychiatric assessment of Jorge Rolando Velásquez (evidence file,
folio 198); Resolution of the Ombudsman of July 20, 2006 (evidence file, folio 124), and the Ombudsman’s Report on
204
45