47
Effective Investigation of Extrajudicial, Arbitrary, and Summary Killings of the United
Nations must be taken into account in orienting said proceedings.83 The state
authorities that carry out an investigation must, inter alia, a) identify the victim; b)
recover and preserve the evidentiary material related to the death; c) identify
possible witnesses and obtain their statements with regard to the death that is being
investigated; d) determine the cause, form, place, and time of death, as well as any
procedure or practice that could have caused it, and e) distinguish between a natural
death, an accidental death, suicide, and homicide. Besides, it is necessary to
thoroughly investigate the crime scene, autopsies and competent professionals
employing the most appropriate procedures must carefully practice analysis of the
human remains.
121. The Court observes that in the case sub judice several proceedings were
performed, but they presented important omissions, such as:
a)
the removal of the victims’ bodies was done on September 17, 1995,
without assuring the recollection and preservation of the crime scene. Blood
samples of the victims were not taken, nor were their clothes examined.
There is no evidence that the crime scene was analyzed for the presence of
blood, hairs, or fibers or any type of fingerprints, nor were the bodies or
objects examined to determine the existence of fingerprints. In the
photographs of the bodies in the case file the existence of wounds or torture
markings cannot be appreciated, and in some of the cases the photographs
are only of the top part of the body. This becomes more serious in two of the
proceedings regarding the removal of the bodies of Marco Antonio Servellón
García and Diomenes Obed García, since the record indicates that
photographs of the bodies were not taken due to lack of film for the camera;
b)
in the case of Orlando Álvarez Ríos the body appeared with signs of
having been the object of sexual violence by the aggressors, however, no
exam was run to prove it. The Public Prosecutor’s Office in charge of the
investigation did not request proceedings in this sense, and
c)
the autopsies of Marco Antonio Servellón García, Rony Alexis
Betancourth Vázquez, Diomedes Obed García Sánchez, and Orlando Álvarez
Ríos were included in the criminal proceedings before the First Criminal Court
on June 7 and August 5, 1996. In said autopsies the cause of death of each of
the victims was stated and the existence of wounds produced with fire
weapons or cutting and thrusting weapons was mentioned, but they did not
refer to other types of wounds or torture markings or physical violence in the
bodies.
122. In what refers to other marks or injuries in the victims’ bodies, in the report
of claim No. 9173, issued by the Main Prosecutor of the Human Rights Public
Prosecutors’ Office on September 17, 1995, it indicated that “all [the bodies] had
signs of torture.” Despite the conclusion of said report, the prosecutors’ office in
charge did not request the performance of a new autopsy or of additional exams to
investigate and document the torture practiced on the victims prior to their death.
83
Cfr. Case of Montero Aranguren et al., supra note 12, para. 140; Case of Ximenes Lopes, supra
note 3, para. 179; Case of the Ituango Massacres, supra note 3, para. 298; and Manual on the Prevention
and Effective Investigation of Extrajudicial, Arbitrary, and Summary Killings of the United Nations,
E/ST/CSDHA/.12 (1991).