“omissive or deficient actions represent a violation of the convention-based obligation of due
diligence in the investigation and criminal prosecution of those who commit egregious acts of
gender-based violence.”
188. Furthermore, for at least 10 days, confusion existed regarding the nature of a packet
found near Claudina Velásquez’s body, which at first was identified as a condom wrapper, an
error that was rectified on realizing that it was a torn and empty packet of soup, 290 which was
not preserved appropriately (supra para. 71). This confusion contributed to the statements and
prejudices concerning the victim’s origin and status.
189. Additionally, more than three years after the victim’s death and in the course of the
criminal investigation, INACIF prepared a forensic psychiatric report on November 24, 2008
(supra para. 88). When referring to the victimization profile of Claudina Vel��squez, this report
indicated: “It is considered that [she] filled the role of an unwise victim by placing herself in a
dangerous situation and not measuring the consequences of walking home alone late at night.
This reveals an impulsive, immature and irresponsible attitude, especially if it can be confirmed
[or] rejected that she was under the effects of alcohol [or] drugs.” In addition, when describing
the psychiatric profile of the victim, it included comments such as: “Claudina Isabel Velásquez
Paiz was capable of developing heterosexual and monogamous affective relationships,” that “[in]
both personal and social relationships the consumption of alcohol predominated and
participation in parties organized by friends or by friends of friends, and these relationships were
priorities in her life, while the family circle and her university studies occupied a secondary
position; she even missed classes to take part in activities with her friends,” and “she had an
oppositional attitude towards family norms and a permissive attitude in her affective
relationships.”291
190. The Court notes that the attitude assumed by the authorities in the investigation into the
death of Claudina Velásquez is not an isolated fact, because it is in keeping with the context of
the “tendency of investigators to discredit victims and blame them for their lifestyle or clothes,”
and to inquire into aspects of the victims’ personal and sexual relationships, and also the
context of the impunity of violent acts resulting in the death of women (supra para. 49). It also
accords with the attitude of the officials in charge of the investigation in the case of Veliz Franco
et al. v. Guatemala, in which the Court verified the omission of pertinent evidence to determine
the sexual violence, or that this was obtained belatedly and when it was contaminated; the
absence of a thorough and effective investigation into the violent incident that resulted in the
victim’s death, as well as of possible causes and motives, and declarations by those officials that
revealed the existence of stereotypes and prejudices regarding the role of women in society,
with a negative impact on the investigation insofar as they transferred the blame for what had
happened to the victim and her family, closing other possible lines of investigation into the
circumstances of the case and the identification of the perpetrators.292
290
The Report of the investigator of the Unit to Combat Murders of Women of the PNC Criminal Investigation
Service of August 13, 2005, and the Report on the external medical examination and forensic processing of the crime
scene of August 30, 2005, indicates that “a condom wrapper” was found. However, the photographic album of the
actions taken at the scene on August 13, 2005, forwarded to the assistant prosecutor on August 23, 2005, records the
finding of a packet with the description “Cup Ramen Vegetales apparently of a lemon-yellow color.” Cf. Report of the
investigator of the Unit to Combat Murders of Women of the PNC Criminal Investigation Service of August 13, 2005
(evidence file, folios 69 and 70); Report on external medical examination and forensic processing of the crime scene of
August 30, 2005 (evidence file, folios 35 and 36), and Photographic album of the actions taken at the scene on August
13, 2005 (evidence file, folio 2804).
291
Cf. Psychiatric profile of victim, perpetrator and crime scene in the case of the violent death of Claudina Isabel
Velásquez Paiz (evidence file, folios 4875 and 4876).
292
Cf. Case of Veliz Franco et al. v. Guatemala, supra, paras. 210 to 212.
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