138. These characteristics of Manuela’s health, and how this could have affected the birth,
were not duly taken into account at any moment of the investigation. On this point, the
investigators merely asked the doctor who had performed the autopsy of the newborn if it
was possible that the baby could have been expelled accidentally, and he indicated that:
Yes, this possibility does exist, but […] normally the infant remains attached to the
umbilical cord and although the infant could have been extracted with the cord and the
placenta detached around ten minutes after the expulsion of the infant, if the placenta had
detached at once, the placenta and cord would have been found with the infant. Moreover,
in this case, it was a full-term pregnancy with normal labor in which the infant does not
emerge all at once; rather, first the head emerges and then the infant must be turned
round so that the shoulders can emerge and then there is a pause for the hips; therefore,
it would be difficult for the infant to emerge at the speed indicated by the mother. This
could happen in the case of a woman who had had ten children and the infant had a low
birthweight; in that situation, it is possible to speak of an accident, but in this case no.249
139. The Court notes that this doctor had only examined the newborn and had not examined
Manuela, and did not take into account Manuela’s health when responding to the question.
140. Therefore, this does invalidate the possibility that the newborn’s death occurred owing
to the obstetric emergency suffered by Manuela or another circumstance that could not be
attributed to her. To the contrary, the autopsy’s conclusion that the newborn was born alive
was sufficient for the authorities to assume that a crime had occurred. Consequently, the
obligation to follow up on all the logical lines of investigation was not complied with, including
the possibility that the newborn’s death was not caused by Manuela.
141. The Court has also recognized that personal prejudices and gender stereotypes can
affect the objectivity of state officials responsible for investigating complaints, influencing
their opinion of whether or not a violent act has occurred, and their assessment of the
credibility of witnesses and of the victims themselves.250
142. In the instant case, in the record resuming the facts, the investigator in charge of the
case indicated that:
I cannot fail to mention that, as an investigator and a woman, I consider that I would
not have done what [Manuela] did. If she did not want her son, she could haves given
him the chance to live; there are people who are unable to have children and
desperately want them. The baby found dead and full or worms was a well-formed boy,
with light brown skin […] and physically very nice looking; any woman or mother would
have raised him with love […].251
143. These considerations were transcribed in the order requiring the formal opening of the
preliminary proceedings with the order for Manuela’s pretrial detention.252
144. The Court notes, first, that these considerations are based on the assumption that
Manuela was responsible for the crime she was accused of, because they reveal an evident
bias concerning Manuela’s guilt and this, in turn, creates doubts about the objectivity of the
investigation. In addition, they represent a personal opinion of the investigator based on
preconceived ideas with regard to the role of women and maternity. These are ideas based
on stereotypes that condition a woman’s value to being a mother and, therefore, assume that
Cf. Statement by the doctor who performed the autopsy, transcribed in the judgment handed down by the
Trial Court of San Francisco Gotera, department of Morazán, on August 11, 2008 (evidence file, folio 150).
249
Cf. Case of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment of September 26, 2018.
Series C No. 362, para. 236, and Case of Vicky Hernández et al. v. Honduras. Merits, reparations and costs. Judgment
of March 26, 2021. Series C No. 422, para. 114.
250
251
Record of interview of February 29, 2008 (evidence file, folios 52 and 53).
252
Cf. Request for a formal investigation with pre-trial detention of February 29, 2008 (evidence file, folio 65).
43