47
b)
On May 16, 2012, the Mixco Municipal Prosecutor’s Office asked the Secretary
General of the Public Prosecution Service to assign three investigators to the office in
order to follow up on the case, because “the office no longer had the investigators
who were working on it”;205
c)
On February 8, 2012, the Mixco Court of First Instance issued an order to end
the investigation and gave the Public Prosecution Service eight days to rule in this
regard. On February 23, 2012, the prosecutor asked the judge not to close the case
and repeated this request in a hearing held on March 29, 2012,206 and
d)
On September 27, 2012, “an oral hearing to end the investigation” was held in
which the Public Prosecution Service requested that the “proceedings continue with
the investigation stage, because [a] statement [was] pending.” The judge “decided
that the request was admissible,” and “set the date of December [3,] [2012,] for the
hearing to end the investigation.”207
VIII
RIGHTS TO LIFE, PERSONAL INTEGRITY AND PERSONAL LIBERTY, IN RELATION
TO THE RIGHTS OF THE CHILD, AND THE OBLIGATIONS TO RESPECT AND ENSURE
RIGHTS WITHOUT DISCRIMINATION, AND TO PREVENT VIOLENCE AGAINST
WOMEN
A.
Arguments of the Commission and of the parties
120. The Inter-American Commission indicated that respect for Article 4 of the
Convention, in relation to Article 1(1) of this instrument, presupposes not only that no
person may be deprived of his life arbitrarily, but also requires the States to adopt all
appropriate measures to protect and preserve the right to life, and added that:
Protection of the right to life is a critical component of a State’s due diligence obligation to protect
women from acts of violence, [and that this] obligation pertains to the entire State apparatus, and
also includes any obligations the State may have to prevent and to respond to actions of non-State
actors and private parties.
121. It also considered that the States must “have an appropriate legal framework of
protection that is enforced effectively, and prevention policies and practices that allow
effective measures to be taken in response to complaints.” In this regard, it indicated that
the Convention of Belém do Pará establishes obligations for the States “to adopt reasonable
and diligent measures to prevent violence against women and girls, regardless of whether
this occurs in the home, the community or the public sphere.”
122.
It also indicated that:
In cases of violence against women, an obligation of strict due diligence arises with regard to reports
of missing women, in relation to search operations during the first hours and days, [which] demands
an immediate and effective response on the part of the authorities when complaints of disappearance
are filed, to prevent adequately the violence against women.
205
Cf. Note issued by the prosecutor of Agency No. 1 of the Mixco Municipal Prosecutor’s Office of May 16,
2012 (file of annexes to the motions and arguments brief, tome I, annex 50, f. 5,473).
206
Cf. Note dated March 21, 2012, from the prosecutor of Agency No. 1 of the Mixco Municipal Prosecutor’s
Office to the Mixco First Court (file of annexes to the motions and arguments brief, annex 120, fs. 12,660 and
12,661).
207
Record of the hearing of September 29, 2012 to end the investigation (annexes to the brief with final
arguments of the State, f. 14,729). In its answer, the State advised that “[o]n December 3, 2012, a hearing was
held because the judge had summoned the parties in order to hold a hearing to end the investigation. Once again
the Public Prosecution Service requested that the proceedings remain open because the investigation was
ongoing.”