77
there was no substantive investigative action between July 21, 2003, and May 19, 2004,
between September 2004 and June 2005, between February 2007 and July 2009, and
between that month and December 2010. Also, the Court has not received any information
on investigation activities during 2013. In this case, it is clear that, since investigating is an
obligation ex officio that must be complied with by the State authorities, the inactivity
during the said periods is a result of their conduct. Consequently, the Court considers that it
is not necessary to analyze the above-mentioned criteria, because it is clear that the time
that elapsed can be attributed to the State’s conduct, and surpasses excessively the
duration that could be considered reasonable for the State to investigate the events of this
case. Therefore, the more than 12 years that the investigation has lasted exceeds what is
reasonable,327 especially considering that, at the present time, the case is still at the
preparatory or investigation stage.328 This absence of investigation during such a long
period of time constitutes a flagrant denial of justice and a violation of the victims’ right of
access to justice.
220. This is revealed because, owing to the time that has passed – more than 12 years –
the Mixco Court of First Instance asked the Public Prosecution Service for information on the
status of the investigation so as to hold a hearing to end the investigation in order to bring
charges or request that the case go to trial.329 In response to this, on October 21, 2009, the
Public Prosecution Service stated that it had “asked [the Court] to leave the case at the
stage [of the investigation] in which it was,” because it was being processed before the
Inter-American Court, and both the Presidential Human Rights Commission (COPREDEH)
and the Center for Justice and International Law (CEJIL) were involved, and that, at that
time, “[it was] one of the leading cases of unpunished femicide in Guatemala.” As can be
observed, the reasons indicated by the Public Prosecution Service are unrelated to issues of
an investigative nature. In response to another request from the said judge, in 2012, the
Public Prosecution Service requested that the proceedings be kept open because “the
investigation was ongoing” (supra footnote 207). The body of evidence reveals that, to
date, the investigation has not identified any of those responsible and no investigative
strategy is being followed based on the evidence and indications that have been obtained
and that would allow the case to be resolved. Although this Court has established that the
duty to investigate is an obligation of means and not of results,330 this does not mean that
the investigation can be undertaken as “a mere formality preordained to be ineffective.”331
In this regard, the Court has established that “every action of the State during the
investigative procedures, as well as the investigation as a whole, must have a specific
objective, the establishment of the truth and investigation, pursuit, capture, prosecution
and punishment, as appropriate, of those responsible for the facts.”332
327
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, para. 156. In this case, the Court determined that Article 8(1) of the
American Convention establishes, as one of the elements of due process, that the courts must decide cases
submitted to them within a reasonable time.
328
Although the State argued that it had carried out numerous different investigation procedures, it is also
aware that the investigation should be conducted within specific time limits. In this regard, it affirmed that,
“[o]wing to the time that had elapsed, and since the laws of Guatemala establish guidelines and time frames within
which an investigation may and should remain open, the Mixco Prosecutor asked for the collaboration with this
case of full-time investigators in order to make progress, within the State’s possibilities, in the identification of the
perpetrator of María Isabel’s death.” Request issued by the Deputy District Prosecutor of Mixco Agency No. 5,
supra.
329
Article 324 of the Code of Criminal Procedure establishes “[w]hen the Public Prosecution Service considers
that the investigation has provided firm grounds to try the accused, it shall submit a written request to the judge
for a decision to go to trial. Charges shall be brought on opening the trial stage.” Cf. Congress of the Republic of
Guatemala. Code of Criminal Procedure. Decree 51-92 and its amendments, supra.
330
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 177, and Case of Liakat Ali Alibu, supra, para. 39.
331
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 177, and Case of Gutiérrez and family v. Argentina.
Merits, reparations and costs. Judgment of November 25, 2013. Series C No. 271, para. 98.
332
Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary objection, merits, reparations and
costs. Judgment of July 10, 2007. Series C No. 167, para. 131, and Case of the Río Negro Massacres, supra, para.
192.