33 that, in 2001, “there were no pre-established circumstances in which forensic physicians were obliged to perform examinations for signs of sexual abuse.” The State also indicated that: In 2001, the laws in force did not include autopsy guidelines or protocols. [The performance of autopsies] was not standardized […] and they were not aimed at obtaining or producing scientific evidence, but rather at the identification and individualization of the corpse and the possible cause of death. 90. In addition, other information of different types provided to the Court explains that, within the framework of investigations into crimes against women is was frequent that the authorities behaved in a way that has been called “biased” or “discriminatory.” In this regard, some reports and testimonies of women survivors and their family members indicate a “tendency of the investigators to doubt the victims and to blame them for their lifestyle, or [clothes].” Similarly, expert witness María Eugenia Solís García stated that “there is a discriminatory bias” in the investigations because they inquire into aspects of the conduct and personal relationships of the victims, basically with regard to their “sexual activities,” which “creates […] a series of prejudices [and] stereotypes that lead to the conclusion that these women […] were responsible for what happened to them.” She clarified that the fact that the investigators “ask questions regarding [the victim’s conduct or relationships] is not a problem, [but rather] that prejudices and stereotypes are developed based on this information,” and that this has an impact on the effectiveness of the investigation. This is because “the discriminatory bias” leads “the agents of justice to consider that the investigation is unimportant and not a priority.” B. The facts of the case 91. The account of the facts provides a description of the most relevant procedures and actions carried out in the course of the investigation into the murder of María Isabel Veliz Franco included in the case files.110 It should be noted that the murder investigation has been conducted by Agency No. 5 of the Municipal Prosecutor’s Office of the Public Prosecution Service of the municipality of Mixco (hereinafter also “Mixco Agency No. 5”) and Agency No. 32 of the Metropolitan District Prosecutor’s Office of Guatemala City (hereinafter also “Guatemala City Agency No. 32”), and by the Eighth Court of First Instance for criminal matters, drug-trafficking and crimes against the environment of Guatemala City (hereinafter also “Eighth Court of Guatemala City”) and the First Court of First Instance for criminal matters, drug-trafficking and crimes against the environment of the municipality of Mixco (hereinafter also “First Court of Mixco”). The presentation of the facts describes measures taken by these entities. B.1) María Isabel Veliz Franco 92. María Isabel Veliz Franco was born in Guatemala City, Guatemala, on January 13, 1986.111 At the time of her death she was 15 years old; she was a student and had just completed the third year of basic studies; she was on vacation and working as a temporary employee of “Almacén Taxi” located in Zone 1 of the Guatemalan capital. María Isabel lived with her mother, Rosa Elvira Franco Sandoval,112 her brothers Leonel Enrique Veliz Franco113 110 According to the evidence, the State forwarded two files relating to the investigation conducted by the Public Prosecution Service and to the proceedings before the First Court of First Instance for criminal matters, drug-trafficking and crimes against the environment of the municipality of Mixco. However, they are described together when examining the measures taken. 111 Cf. Birth certificate of María Isabel Veliz Franco issued by the National Civil Registry Office of Guatemala on January 24, 1986 (file of annexes to the motions and arguments brief, tome I, annex 1, fs. 5,294 and 5,295). 112 Cf. Identity document of Rosa Elvira Franco Sandoval (file of annexes to the motions and arguments brief, tome I, annex 2, f. 5,297). 113 Cf. Birth certificate of Leonel Enrique Veliz Franco issued by the National Civil Registry Office of Guatemala on July 10, 1987 (file of annexes to the motions and arguments brief, tome I, annex 3, fs. 5,299 and 5,300).

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