134. The Court notes that the use of gender stereotypes in criminal proceedings may reveal a violation of the right to presumption of innocence, of the duty to provide the reasons for a decision, and of the right to be tried by an impartial court. On this basis, the Court will now examine: (a) the investigations conducted, and (b) the reasoning behind the guilty verdict. B.2.a The investigations 135. The Court has indicated that the criminal proceedings, which represent the State’s investigative and judicial response, should constitute an appropriate means to conduct a genuine search for the truth of what happened by an adequate assessment of the different hypotheses concerning the method and circumstances of the offense. 243 Consequently, owing to the principle of presumption of innocence, investigating agencies must investigate not only the perpetration of the offense, but also the possibility that no offense has occurred. This same obligations was recognized in Salvadoran legislation at the time of the facts. 244 136. In the instant case, the principle of presumption of innocence meant that the domestic authorities should have investigated all the logical lines of inquiry, including the possibility that the newborn’s death was not caused by Manuela, and this theory could have been assessed by investigating her health situation and whether this could have had an impact at the time of the birth. 137. In this regard, the Court notes that Manuela was diagnosed with severe preeclampsia, which may result in precipitate delivery and increase the risk of perinatal mortality and morbidity, placental abruption, asphyxia and intrauterine fetal death.245 In addition, Manuela suffered from a postpartum hemorrhage, caused by the placental retention and tears to the delivery canal.246 As a result of the postpartum hemorrhage, Manuela was possibly in a state that made it impossible for her, at the moment of the birth “to look after herself or to be able to look after someone else.”247 Furthermore, Manuela had visible lumps in her neck, which were subsequently diagnosed as Hodgkin’s lymphoma; this could have contributed to the appearance of anemia, which may result in a preterm delivery.248 rights, p. 5. Available Stereotypes_EN.pdf 243 at: https://www.ohchr.org/Documents/Issues/Women/WRGS/JudiciaryRoleCounter Case of Zegarra Marín v. Peru, supra, para. 142. Article 238. As soon as the Prosecutor General becomes aware of a wrongful act, either by a report or in any other reliable way, he shall endeavor to ensure that there are no further consequences and shall initiate the investigation, subject to the exceptions authorized by this Code or by law. The prosecutor shall investigate not only the circumstances that prove the charges, but also those that serve to excuse the accused, endeavoring to urgently gather evidence that could be lost. If it is deemed necessary to conduct a procedure in keeping with those established for definitive or non-reproducible evidence or if a court order is required, this shall be requested immediately from the competent magistrate; in urgent cases, the nearest one. He shall also conduct the investigations that the accused or his defense counsel request to clarify the incident and his situation Cf. Code of Criminal Procedure of El Salvador, Legislative Decree No. 776 of 1996, article 238. Available at: http://www.oas.org/juridico/spanish/mesicic3_slv_ procesal.pdf 244 245 3847). Cf. Expert opinion provided by affidavit by José Mario Nájera Ochoa on March 5, 2021 (evidence file, folio Cf. Expert opinion provided by Guillermo Antonio Ortiz Avendaño during the public hearing held in this case, and Communication of the director of the San Francisco Gotera National Hospital of February 29, 2008 (evidence file, folio 59). 246 247 Cf. Expert opinion provided by Guillermo Antonio Ortiz Avendaño during the public hearing held in this case. Cf. Expert opinion provided by affidavit by José Mario Nájera Ochoa on March 5, 2021 (evidence file, folios 3846 and 3847); Forensic analysis by Dr. José Mario Nájera Ochoa (evidence file, folio 2165), and Medical appraisal in the case of Manuela. Review of clinical and hospital treatment in the Cacaopera Health Unit and the San Francisco National Hospital (evidence file, folio 181). 248 42