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
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