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).