the time at which the facts of the case occurred were insufficient to resolve the problem because
they were allocated insufficient resources, and owing to a lack of coordination between the
different institutions and a comprehensive protection strategy. In addition, the Court has
verified that, in its last National Report presented to the Working Group on the Universal
Periodic Review of the UN Human Rights Council, dated August 7, 2012, the State acknowledged
that, among the challenges it faced, was “implementation of a coordinated inter-agency strategy
for preventing violence against women in all circumstances.” For the purposes of this case, the
Court has also established, specifically, that the State had not proved that it had implemented
the necessary measures to ensure that the officials responsible for receiving missing person
reports had the capacity and sensitivity to understand the gravity of such reports in the context
of violence against women, and the willingness and training to act immediately and effectively
(supra paras. 120 and 133). That said, in its answer to the submission of the case, the State
mentioned the creation of the “early warning system of the Alba-Keneth Law,” coordinated by
the Office of the Attorney General (PGN) (supra para. 251), which “seeks to provide better
protection for children and adolescents against kidnapping, trafficking, sale and smuggling
[…].”347 However, it did not indicate whether a similar system existed in its domestic law for the
situation of adult women reported missing in the context of this case.
265. The Court has verified that, on October 11, 2012, a group of members of Congress of the
Republic of Guatemala filed a “bill on the immediate search for missing women.” In the
justification for this initiative, the case of Claudina Isabel Velásquez Paiz was cited as an
example in which “the delay in taking immediate actions to search for missing persons,
especially women, may assist the perpetrators who cut short their life.”348 It also cited the
Guatemalan Ombudsman’s report on the case of Claudina Velásquez, in which he criticized the
24-hour delay for receiving a missing person report, because this created a lapse of time during
which the victim was left defenseless and prevented the establishment of an adequate record of
missing persons for the purposes of their subsequent identification (supra para. 131). On March
18, 2014, the congressional Committee on Legislation and Constitutional Matters issued a
favorable report on this bill, considering that “there is no coordination mechanism that allows for
an appropriate response to the disappearance of women,” “that, despite the efforts made
concerning safety and justice, the level of violence against women in Guatemala is high and is
increasing year by year,” and that “the level of impunity in cases of the death of women is over
90%.”349 This bill has not been approved by the Guatemalan Congress.
266. Consequently, taking into account that the need to regulate the search for missing
women in Guatemala has been identified, the Court deems it pertinent to require the State to
adopt a national strategy, system, mechanism or program, by legislative or other means, to
ensure the immediate and effective search for missing women, and that ensures that in cases of
reports of this nature, the corresponding authorities receive them immediately, without the need
for formalities and, at the same time, initiate actions to locate the possible victims and prevent
the violation of their rights to life and to personal integrity. All this, within a reasonable time and
with the respective allocation of institutional and budgetary resources. 350
C.3.4 Request for a statistical information system
Cf. Law on the Alba-Keneth Early Warning System. Decree No. 28-2010. Cf. Case of Veliz Franco et al. v.
Guatemala, supra, footnote 357.
348
Bill on the immediate search for missing women”, p. 6. Available at: http://www.congreso.gob.gt/manager/
images/4097B3FD-E522-0547-3042-D05791A99602.pdf.
349
Cf. Report No. 03-2014 of the congressional Committee on Legislation and Constitutional Matters on the “Law
on the immediate search for missing women,” pp. 6, 8 and 10. Available at: http://www.congreso.gob.gt/manager/
images/91E9DEF7-5D94-7146-29A0-8AB105E3FC92.PDF.
350
See, mutatis mutandis, Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 506.
347
87