60
due diligence in investigating the facts”; but rather “incurred in acts and omissions that led
to the loss of useful – and, in some case, essential – evidence to determine the truth of
what happened, which cannot be reconstituted.” It indicated that the State incurred in
irregularities in the preservation of the scene where the body was discovered; that the
investigation failed to collect and handle the evidence properly; committed omissions and
irregularities in conducting essential appraisals, and has not examined all the violations
committed against María Isabel, because “it only examined the [presumed] victim’s murder,
even though the body had injuries and showed other signs indicating that she could have
been a victim of sexual abuse. The complete failure to investigate the acts of sexual
violence and cruelty to the child […] is especially egregious owing to the context in which
the facts of this case are inserted.” Lastly, it argued that “[t]his omission not only prevents
the eventual punishment of those responsible in keeping with the gravity of their actions,
but also sends a clear message that the State tolerates violations of the integrity of women
and this have no consequences for the perpetrators.”
165.
The representative also stated that the proceedings were not conducted within a
reasonable time, because the events took place in December 2001, and more than 10 years
had passed without anyone having been prosecuted. It acknowledged that “this case is
rather complex, [but that] the delay must be attributed totally to the State […] owing to the
acts and omissions of its agents at the start of the investigation, which had an adverse
impact on the possibilities of obtaining essential evidence that could not be reconstituted”
and who, subsequently, “took measures that led to additional delays, with the result that
the proceedings are still at the investigation stage.” It also asserted that María Isabel’s
mother “has not only cooperated with the investigation, but the case file shows [that] she
has suggested and contributed evidence to the proceedings and has taken numerous steps
to advance it ever since the events occurred.” It indicated that, to the contrary, the conduct
of the authorities “has been characterized by periods of inaction, the implementation of
belated and reactive measures, and by the mechanical reiteration of procedures without an
investigation plan or well-defined hypotheses.” Thus, among other matters, it indicated that
a jurisdictional dispute arose only three months after the events had occurred, “on March
11, 2002, that was only decided in December 2002, seven months later.” This contributed
to the fact that the authorities did not take essential steps until months or even years later,
leading to a delay in the proceedings at, at times, causing the measures taken to be
unsuccessful. The representative concluded that the delay in the investigations can be
attributed solely to the actions of the State.
166. The representative also mentioned that the analysis of the calls to María Isabel’s
mobile telephone “was only made in June 2005, [… and] most of the statements made
before the Public Prosecution Service and the other evidence […] were obtained months or
years after [María Isabel’s murder], reducing the possibility of clarifying what happened.” It
also argued that “the measures [implemented] were only taken in order to show procedural
activity, because the interviews conducted by the authorities were not thorough, and there
is no evidence that they were the result of a pre-defined line of investigation.”
167. The representative indicated that, in keeping with the Court’s standards, the
investigation undertaken by the State should have “included a gender perspective;253 follow
up on specific lines of investigation relating to sexual violence, including lines of
investigation on the respective patterns in the geographical area, […], and should have
been carried out by officials who were highly trained in similar cases involving victims of
discrimination and gender-based violence.”
168. Lastly, the representative referred to the failure to sanction the public authorities
responsible for the irregularities in the processing of the domestic proceedings in this case.
It indicated that the failure to investigate this conduct “causes […] concern because, during
the international proceedings, the State has acknowledged some of these errors, and this
253
The representative did not make an individual analysis of Article 7 of the Convention of Belém do Pará, but
referred to this article together with several articles of the American Convention.