20
Isabel Véliz Franco was in peril from the moment she was reported missing, its duty was to take
immediate steps to search for her.
89.
As explained in the section on established facts, in view of the situation in Guatemala, by
2001 the State was well aware of the escalation in violence against girls and women in that country and,
therefore, that the alleged victim was facing the very real and imminent danger of possible sexual assault
or possibly murder.
.
90.
The Commission would point out that in the period between 2000 and 2005 the number
of violent deaths reported within the general population rose; however, the increase was considerably
more in the case of women. The figures supplied by the National Civil Police showed that whereas the
101
incidence of violent death among men was 36%, it rose to 56.8% among women.
91.
The IACHR Rapporteur also wrote that while the State has taken measures to address
102
violence against women, they are still not sufficient to deal with this problem. In its report titled Access
to Justice for Women Victims of Violence in the Americas, the IACHR reported that research in
Guatemala found that only 0.33% of the complaints of sexual crimes actually went to trial, which is
103
extremely low.
As for the investigation of the cases, the IACHR observed that the authorities in charge
of investigations into incidents of violence against women were neither competent nor impartial, which
considerably foreshortened any possibility that these cases would ever be prosecuted and the guilty
104
parties punished.
For his part, Guatemala’s Human Rights Ombudsperson made reference to the
failure to apply due diligence, as there are no “policies to prevent, investigate, punish or do justice in the
105
face of the disturbing increase in femicide.”
92.
Given this situation, the IACHR concludes that the Guatemalan State has failed to show
that reasonable measures were taken to find the girl María Isabel Véliz Franco, who was reported
missing. This failure to comply with the duty to ensure is particularly serious because of the atmosphere
of violence against women and girls –of which the State was well aware- and which made them
particularly vulnerable, which in the case of a minor automatically necessitated special measures of
protection, pursuant to Article 19 of the American Convention (which will be discussed at greater later in
this report), and the enhanced obligations that the Convention of Belém do Pará imposes upon the State
in cases of violence against women.
93.
The IACHR also finds that the State did not show that it adopted the norms or
implemented the measures required under the Convention of Belém do Pará, to enable the authorities to
offer an immediate and effective response to complaints of missing persons and properly prevent
106
violence against women at the time of these events.
101
International Federation of Human Rights (Federación Internacional de Derechos Humanos, FIDH), International
Investigative Mission Report: Femicide in Mexico and Guatemala (Informe: Misión Internacional de Investigación: El Femicidio en
México y Guatemala), no. 446/3 April 2006, p. 26. As of 2005, the number of murders of women was up 63.41% over the 2002
figures, according to the figures supplied by Guatemala’s Ombudsperson for Human Rights. See, Ombudsperson for Human
Rights, Guatemala, C.A., Power Point presentation, Guatemala, March 2006, available [in Spanish] online at:
http://www.pdh.org.gt/files/inf_especiales/presentacion_muertemujeres03-05.pdf
102
IACHR, IACHR, Press Release No. 20/04, The IACHR Special Rapporteur Evaluates the Effectiveness of the Right of
Women in Guatemala to Live Free from Violence and Discrimination, Washington, D.C., September 18, 2004, available at
http://www.cidh.oas.org/Comunicados/English/2004/20.04.htm
103
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
paragraph 18.
104
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
paragraph 130.
105
Guatemala’s Human Rights Ombudsperson, Compendium “Muertes Violentas de Mujeres”, 2003 a 2005 [Violent
Deaths
among
Women,
2003
to
2005],
p.
92.
Available
[in
Spanish]
at
http://www.pdh.org.gt/files/inf_especiales/muerte_mujeres03-05.pdf
106
See, in general, I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits,
Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 285.