5.On February 21, 2005 the petitioner submitted additional information. On February 24,
2005, the IACHR forwarded to the State the relevant parts of the petitioner’s observations, as
well as the additional information received, granting it one month to present its observations
to the IACHR. On April 12, 2005, the State submitted a report to the IACHR with additional
observations on the petitioner’s communications. The State’s report was forwarded to the
petitioner on April 21, 2005, granting her one month to submit her observations. The
petitioner submitted additional observations on the petition on May 27, 2005. On June 20,
2005, the IACHR transmitted this information to the State, granting it one month to submit
observations.
6. The IACHR was informed on September 5, 2005 that from that day forward the petitioner
would be represented by CEJIL. On January 25, 2006, CEJIL informed the IACHR that the Red
de No Violencia contra las Mujeres en Guatemala [Network against Violence against Women in
Guatemala] was joining the case as a petitioner, and the petitioners submitted additional
observations on the petition, which were forwarded to the State on January 27, 2006, granting
it 20 days to submit its own observations. On February 14, 2006, the State requested an
extension of 30 days, which the IACHR granted.
7. On March 24, 2006, the State submitted additional observations on the petition, which were
forwarded to the petitioners on April 7, 2006. On May 1, 2006, the petitioners responded to
the additional observations presented by the State. On May 24, 2006, the State submitted
additional observations on this petition, which were forwarded to the petitioners on June 2,
2006. The State submitted additional information to the IACHR on a July 13, 2006
communication, which was forwarded to the petitioners on August 3, 2006.
A.
Request for Precautionary Measures
8. On June 27, 2005, the petitioner requested from the IACHR the grant of precautionary
measures in favor of her and her family. She alleged that she feared for her life and personal
integrity and for the lives and personal integrity of her family, as they were the victims of
constant and permanent harassment, persecution and threats by unknown armed persons. On
November 16, 2005, the Commission decided to grant precautionary measures for a period of
six months to Rosa Elvira Franco Sandoval, Leonel Enrique Véliz Franco, José Roberto Franco
Sandoval and Cruz Elvira Sandoval Polanco. In connection with the entry into force of the
precautionary measures, the IACHR received an August 4, 2006 communication from the
State, concluding that: “so long as the State does not clarify the instant case, the conditions of
risk, vulnerability, and extreme urgency continue to exist; consequently a reasonable time
period is requested of the IACHR, in order for the State to report on the progress of the
investigation and to comply with its constitutional and international obligations regarding the
protection of human rights.” Said communication was transmitted to the petitioners on August
8, 2006, granting them 30 days to submit their observations.
III.
POSITIONS OF THE PARTIES
A.
The petitioners
9. The petitioners allege that the State is responsible for gaps and irregularities in the
investigation of the facts related to the disappearance and subsequent death of María Isabel
Véliz Franco, of 15 years of age. They contend that on December 17, 2001, Ms. Rosa Elvira
Franco Sandoval de Véliz reported the disappearance of her daughter María Isabel Véliz Franco
to the Policía Nacional Civil [National Civil Police] (hereinafter PNC), whose body was found the
next day. The petitioners allege that, from the moment of the report, the Guatemalan
authorities have incurred, by action or by omission, in serious violations of due process,
resulting in an ineffective investigation. Moreover, they assert that, from the beginning of the
investigation, the responsible state agents, instead of investigating the facts, have focused
their efforts on discrediting the victim and her mother. In addition, in the case of Rosa Elvira
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