99
2.
The State has violated the rights to judicial guarantees and to judicial protection,
recognized in Articles 8(1) and 25(1) of the American Convention on Human Rights, and the
right to equal protection recognized in Article 24 of the Convention, in relation to the
general obligations contained in Articles 1(1) and 2 thereof, and to Articles 7(b)) and 7(c))
of the Inter-American Convention for the Prevention, Punishment and Eradication of
Violence against Women, to the detriment of Rosa Elvira Franco Sandoval, Leonel Enrique
Veliz Franco, José Roberto Franco, Cruz Elvira Sandoval Polanco and Roberto Pérez, in the
terms of paragraphs 178 to 225 of this Judgment.
3.
The State has violated the right to personal integrity recognized in Article 5(1) of the
American Convention on Human Rights, in relation to Article 1(1) of this instrument, to the
detriment of Rosa Elvira Franco Sandoval, in the terms of paragraphs 233 to 242 of this
Judgment.
4.
It is not incumbent on the Court to rule on the alleged violation of the right to
personal liberty recognized in Article 7 of the American Convention on Human Rights, in the
terms of paragraph 145 of this Judgment.
5.
It is not incumbent on the Court to rule on the alleged violation of the rights of the
child, established in Article 19 of the American Convention on Human Rights, in relation to
the conduct of the investigation following the discovery of the body of María Isabel Veliz
Franco, in the terms of paragraph 226 of this Judgment.
AND ESTABLISHES
unanimously, that:
6.
This Judgment constitutes per se a form of reparation.
7.
The State must conduct the investigation effectively and, as appropriate, open the
corresponding criminal proceedings and, if pertinent, any others that are required to
identify, prosecute and punish, as appropriate, those responsible for the abuse and
deprivation of the life of the child María Isabel Veliz Franco, in the terms of paragraph 251
of this Judgment.
8.
The State must, within six months of notification of this Judgment, publish the official
summary of this Judgment once in the official gazette of Guatemala and in a national
newspaper with widespread circulation. The State must also, within the same time frame,
publish this Judgment in its entirety on official websites of the Guatemalan Judiciary, Public
Prosecution Service, and National Civil Police for one year. Al this in the terms of paragraph
256 of this Judgment.
9.
The State must, within one year of notification of this Judgment, make a public
apology, in the terms of paragraphs 257 and 258 of this Judgment.
10. The State must, within a reasonable time, draw up a plan to reinforce the INACIF with
a specific timetable, which includes the allocation of adequate resources to allow it to
expand its activities throughout national territory and to fulfill its functions, in the terms of
paragraph 268 of this Judgment.
11. The State must, within a reasonable time, bring into operation the “specialized
jurisdictional organs” and the special prosecutor’s office, in the terms of paragraph 270 of
this Judgment.
12. The State must, within a reasonable time, implement programs and courses for public
officials who are members of the Judiciary, the Public Prosecution Service and the National
Civil Police and who are involved in the investigation of the murder of women on standards
with regard to prevention, and the eventual punishment and eradication of the murder of