effective witness protection programs. They also explained that Jorge Velásquez had become a
joint complainant in the proceedings and that “he had been treated improperly and with hostility
by the prosecutors, who had re-victimized him, preventing him from having full access to
exercise his right to justice.” They argued that there had been “zero” investigation during the
first 72 hours and “it began months later, with statements being taken almost one year after,”
due to the impetus and constant insistence of Mr. Velásquez. Therefore, they considered that
the State had violated the rights recognized in Articles 8(1) and 25(1) of the American
Convention, in relation to Articles 1(1) and 2 of this instrument, and 7 of the Convention of
Belém do Pará, to the detriment of the next of kin of Claudina Velásquez.
139. In addition, the representatives argued that there are patterns of stereotyping in the
evaluation of cases that should be investigated, and victims are blamed based on discriminatory
criteria; this prevents criminal prosecution and encourages the repetition of killings and
misogyny. All this violates the right to equality before the law contained in Article 24 of the
American Convention, in relation to Article 1(1) of this instrument. They asserted that the
stigmatization of the presumed victim “did not allow a thorough investigation to be made” and
gave rise to “complete impunity” in her case, in violation of the right to equality before the law
and non-discrimination contained in Articles 24 and 1(1) of the American Convention, in relation
to the obligation to ensure the rights recognized in Articles 4, 5 and 11 of that Convention and
Article 7 of the Convention of Belém do Pará, to the detriment of Claudina Velásquez, as well as
in relation to access to justice recognized in Articles 8 and 25 of the American Convention, to
the detriment of her next of kin. They also indicated that, in this case, “the police made
erroneous inferences” about the presumed victim, the value of her life, and the importance of
investigating her case, based merely on her manner of dress, in violation of Claudina
Velásquez’s right to freedom of expression contained in Article 13, in relation to Articles 1(1)
and 24 of the American Convention and 7 of the Convention of Belém do Pará. Lastly, they
argued that, owing to the prejudices associated with the manner of dress and the place that the
corpse was found, a “low-income neighborhood,” the investigation of the crime scene was
conducted carelessly, in violation of the right to freedom of movement contained in Article 22, in
relation to Articles 1(1) and 24 of the American Convention and 7 of the Convention of Belém do
Pará, to the detriment of Claudina Velásquez.
140.
The State indicated that it had conducted the best investigation within the scope of its
possibilities and available resources; that the Public Prosecution Service had not been inactive,
and that the failure to identify the perpetrator was because the matter was “so complex.” It
affirmed that many of the arguments presented concerning the supposed flaws in the
preservation of the crime scene “are totally baseless” because it had been “fully documented”
that the State had complied diligently with the procedures required by the said circumstances.
In this regard, it defended itself based on two actions: (a) it provided information on the
procedures conducted, and (b) it referred to the measures taken to rectify some of the
irregularities in the investigation. It also asserted that, according to the standards established in
the case of Veliz Franco, it had complied with the minimum criteria for an investigation of this
type, because it had: (i) identified the victim; (ii) recovered and preserved evidentiary material;
(iii) identified possible witnesses and obtained their statements; (iv) determined the manner,
location, cause and time of death, and (v) distinguished that it was not a natural death, an
accidental death or a suicide. It also denied that it had violated Articles 11,218 13219 and 22220 of
Article 11 of the American Convention establishes: “1. Everyone has the right to have his honor respected and his
dignity recognized. (2) No one may be the object of arbitrary or abusive interference with his private life, his family, his
home, or his correspondence, or of unlawful attacks on his honor or reputation. (3) Everyone has the right to the protection
of the law against such interference or attacks.”
219
Article 13 of the American Convention establishes: “1. Everyone has the right to freedom of thought and
expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.”
218
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