Franco Sandoval de Véliz, the petitioners allege that her integrity has been violated by the
painful process related to the loss of her daughter and her frustrating four-year struggle to
urge the State to speed up the investigation of her death.
10. It is alleged that on December 18, 2001, the PNC received a call from an anonymous
informant stating that, on the night of December 17, a woman stepped out of a car, and
dropped a sack in a vacant lot in the Municipality of Mixco, near Guatemala City, and that the
car then left towards a house in that same area. The PNC immediately responded, arrived at
the lot and found the sack, which contained the body of María Isabel Véliz Franco. The
petitioners contend that the authorities did not provide proper follow-up to this call, since, for
example, they never looked for the car described by the anonymous informant.
11. On December 19, 2001, a team of specialists recovered evidentiary items from the place
where the body of the girl was found, which were sent to the laboratory of theDepartamento
Técnico Científico del Ministerio Público [Scientific and Technical Department of the Office of
the Attorney General]. According to the petitioners, the death certificate issued on December
18, 2001 categorized the cause of the death of María Isabel Véliz Franco to be a homicide.
However, the petitioners state that no forensic tests that could have assisted in clarifying the
facts were practiced on the body of the alleged victim. The petitioners contend that a complete
analysis of the evidentiary items was not carried out, and that the following tests were never
made: a) comparison of hair found on the body; b) comparison of blood found at the crime
scene (according to the hematology report it was type B and AB, and María Isabel Véliz Franco
had type A); c) pubic hair; d) mouth, vaginal and anal swabs; e) fingernail scrapings; and f)
analysis of two towels found at the crime scene.
12. Rosa Elvira Franco Sandoval de Véliz, mother of the alleged victim, gave her deposition at
the Office of the Attorney General on January 14, 2002, regarding persons close to her
daughter and requested that the incoming and outgoing calls to her daughter’s cell phone be
traced. Since the Office of the Attorney General did nothing about her request, Ms. Franco, on
her own, obtained information from the cellular telephone company about the outgoing calls
from her daughter’s cell phone. Although she could not obtain the registry of incoming calls,
she forwarded the information she had to the Office of the Attorney General on January 30,
2002. She also requested, in a letter dated February 1, 2002, and several times thereafter,
that the Office of the Attorney General speed up their investigation. The petitioners allege that
it was not until September 4, 2002 that the list of outgoing calls from the girl’s cell phone was
forwarded to the Dirección de Investigaciones Criminalísticas del Ministerio Público[Office of
the Director of Criminal Investigations of the Office of the Attorney General] to investigate the
owners of the telephones included in the report.
13. According to the information provided by the petitioners, the Office of the Attorney General
issued a report on February 20, 2002 containing the “results of the preliminary proceedings in
the investigation of the María Isabel Véliz Franco case,” in which pejorative adjectives were
used to describe her: for example, it said that the alias of the minor was “the crazy.” 1 They
contend that the report concludes that the alleged victim was a libertine, involved with gangs,
who frequented discotheques, had many boyfriends, used provocative clothing and used
drugs; in addition that María Isabel would dress in a provocative way and that the style of her
clothes and her belongings were beyond her means. 2 The report also asserts that the mother
of the victim was negligent in her daughter’s supervision. The petitioners also state that the
authorities have conveyed to Ms. Rosa Elvira Franco Sandoval de Véliz that their daughter was
a “whore.” 3
14. The February 2002 report also identifies Mr. Osbel Airosa Hernández, of Cuban nationality,
as the prime suspect, with whom the alleged victim had gone out the day of her
disappearance. On April 15, 2002, Mr. Osbel Airosa Hernández’s deposition was taken by the
1
Report of the Office of the Attorney General dated February 20, 2002, Ref. 2727/01.
Report of the Office of the Attorney General dated February 20, 2002, Ref. 2727/01.
3
This was also reported by Ms. Rosa Franco in a January 22, 2003 letter to the Human Rights Defender, and in an
August 28, 2004 letter to the Attorney General.
2
3