38
of Criminal Investigations asking him to “appoint a team of crime scene experts in order to
collect evidence (clothes), in the hands of the victim’s mother,” in order to conduct the
corresponding tests, looking for samples of blood, hair, pubic hair, semen and any other
element that could be incorporated into the file as a probative element. The collection of the
evidence found at the site where the corpse appeared was carried out at “Funerales Mancilla
S.A.”, where the members of María Isabel’s family were keeping vigil over her body, and
her mother had her clothes.136
B.3) Subsequent actions
106. Subsequently, measures to investigate the facts have continued, but have been
unsuccessful. Consequently, at the date of this Judgment, the respective actions are still at
the preparatory or investigative stage.
107. Jurisdictional dispute. At the initial stage, there was a delay of several months
owing to a jurisdictional dispute between two courts:
a)
At the beginning, the court hearing the case was the Eighth Court of Guatemala
City;
b)
On March 11, 2002, this court disqualified itself from hearing the case,
presuming that the incident had occurred at 2nd avenue and 4th Street of San
Cristóbal, Zone 8, Mixco, because María Isabel’s body was found there, and
forwarded the proceedings to the Mixco First Court for the latter to hear the
matter;137
c)
The Mixco First Court took over the proceedings on March 26, 2002, and
decided to authorize that information be obtained from telecommunication
companies as requested by the Public Prosecution Service;138
d)
On May 17, 2002, the prosecutor of Guatemala City Agency No. 32 recused
himself from examining the case because, on March 11, 2002, the Eighth Court of
Guatemala City had also disqualified itself from examining it; the case file was
therefore forwarded to the Deputy District Prosecutor of the Mixco Municipal
Prosecutor’s Office together with a detailed report;139
e)
On July 12, 2002, the prosecutor of Mixco Agency No. 5 ruled on the recusal by
the Eighth Court of Guatemala City, explaining to the First Instance Judge of Mixco,
to whom the proceedings had been forwarded, that, in his opinion, the competent
judge was the Guatemala City judge, because the report on the disappearance of
María Isabel had been filed in that jurisdiction;140
f)
Based on this concern of the prosecutor of Mixco Agency No. 5, on September
2, 2002, the Mixco First Court issued a decision in which it indicated that, from Rosa
Elvira Franco’s statement it could be inferred that the murder of María Isabel had
occurred in Guatemala City and that, on these legal grounds, the First Court of Mixco
would not be competent to hear the case, and again referred the case to the Eighth
Court of Guatemala City;141
136
Cf. Note No. 2727-01/SIC of December 19, 2001, from the Assistant Prosecutor of the Public Prosecution
Service to the Bureau of Criminal Investigations of the Public Prosecution Service (file of attachments to the Merits
Report, annex 12, f. 94).
137
Cf. Note issued by the Eighth Court of Guatemala City on March 11, 2002 (file of attachments to the Merits
Report, annex 18, fs. 114 and 115).
138
Cf. Note C-105-2002/6º issued by the Mixco Court of First Instance on March 26, 2002 (file of annexes to
the answering brief, annex 2, fs. 12,864 to 12,868).
139
Cf. Note from the prosecutor of Agency No. 32 to the Deputy District Prosecutor of the Mixco Municipal
Prosecutor’s Office dated May 17, 2002 (file of annexes to the motions and arguments brief, tome I, Annex 15, fs.
5,351 and 5,352).
140
Cf. Note REF. M.P. 7897-01 C 105-02-of6 issued by the prosecutor of Mixco Agency No. 5 on March 11,
2002 (file of annexes to the answering brief, annex 2, fs. 12,878 to 12,890).
141
Cf. Note issued by the First Court of Mixco on September 2, 2002 (file of attachments to the Merits Report,
annex 20, fs. 122 and 123). It should be noted that an agent of the Mixco Prosecutor’s Office addressed a note