This situation is a material denial […] of the State’s obligation to open serious and effective investigations as soon as there is evidence of a situation involving the violation of human rights. If the report had been received immediately, effective actions to search for CLAUDINA ISABEL VELÁSQUEZ could have been initiated and might have prevented the violation of her right to life. Requiring a delay of 24 hours to receive a missing person report gives rise, first, to a period of time during which the victim is left in a situation of defenselessness. In addition, it prevents obtaining an appropriate record of the missing person’s data in order to identify a corpse as soon as it is found. In this specific case, it prevented the identification of the victim when she was discovered and the start of an immediate investigation into Claudina Isabel’s death. The Ombudsman considers it essential to establish an electronic system for the reception of such reports in order to facilitate the identification of missing persons; a system that can be consulted when a corpse is found, so as to be able to contact the victim’s next of kin immediately for the formal identification.214 132. Consequently, the Court finds that the State authorities failed to take the necessary measures within the scope of their powers that, judged reasonably, could be expected to have prevented or avoided the violation of the rights to life and personal integrity of Claudina Velásquez Paiz, as of the moment at which the State became aware of the danger she faced. B.3. Conclusion 133. Based on the above, the Court considers that the State has not shown that it implemented the necessary measures, pursuant to Article 2 of the American Convention and Article 7 of the Convention of Belém do Pará, to ensure that the officials responsible for receiving missing person reports had the capacity and the sensitivity to understand the gravity of such reports in the context of violence against women, or the willingness and training to act immediately and effectively. The Court also concludes that the Guatemalan authorities did not act with the required due diligence to adequately prevent the abuse and death of Claudina Velásquez and did not act as could reasonably be expected in the context of the case and the circumstances of the fact reported. This failure to comply with the obligation of guarantee is particularly serious owing to the context known to the State – which placed women in a special situation of risk – and the specific obligations imposed in cases of violence against women by Article 7 of the Convention of Belém do Pará. 134. Based on all the foregoing, the Court finds that the State violated its obligation to ensure the free and full exercise of the rights to life and personal integrity recognized in Articles 4(1) and 5(1) of the American Convention, in relation to the general obligation to ensure rights established in Article 1(1) and also in relation to the obligation to adopt measures of domestic law established in Article 2 of this instrument, as well as the obligations established in Article 7 of the Convention of Belém do Pará, to the detriment of Claudina Isabel Velásquez Paiz. 135. That said, in this case, the body of Claudina Velásquez was found with indications that she had possibly been subjected to sexual violence and/or rape (supra para. 56). In this regard, in Chapter VII.II of this judgment, the Court will analyze the alleged responsibility of the State for the failure to investigate the possible sexual violence. Accordingly, it does not find it necessary to analyze the violation of Article 11 of the American Convention, to the detriment of Claudina Velásquez, which the representatives have alleged in the context of this chapter. Cf. The Ombudsman’s Report on verification of violations of the obligation to investigate in the case of Claudina Isabel Velásquez Paiz (evidence file, folio 3306). 214 48

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