the handling of the scene of the crime 313 and the victim’s body, certain basic and
essential procedures must be performed to preserve all the evidence that could
contribute to the success of the investigation, 314 such as the autopsy and the removal
of the corpse.
293. Based on the foregoing, the Court notes that at around 3.30 p.m. on the day of
the facts, the magistrate of the Iriona municipality arrived at the site of the facts
known as “El Castillo” to conduct the procedure of the removal of Félix Ordóñez
Suazo’s corpse. The magistrate recorded the presence of agents of the Iriona Municipal
Headquarters, and the absence of the prosecutor and the forensic doctor. In addition,
he established that when he arrived at the site of the incident, the inhabitants had
moved Félix Ordóñez Suazo’s body; accordingly, the Court understands that the body
was inspected in a place other than where the death occurred.
294. From the report on the removal of the corpse, the Court notes that the
magistrate recorded the gunshot wounds in Félix Ordóñez Suazo’s body (supra para.
142) and that the assistant collected two 16 mm caliber cartridges cases at the site,
which were taken to the magistrate’s court. Regarding the said evidence, the Court
emphasizes that the evidence in the case file does not reveal that any forensic firearm
examination was carried out on the bullets or any ballistic tests. Also there is no
indication that any other evidence was gathered from the scene of the crime.
295. Additionally, the Court notes that Félix Ordóñez Suazo’s body was delivered to
his family at 4.30 p.m. on the day of this death; in other words, one hour after the
procedure to remove the body had commenced without an autopsy having been
performed. In this regard, the Court has indicated that the autopsy is one of the basic
and essential forensic procedures that must be performed to obtain evidence that
could contribute to the success of the investigations, because its purpose is to collect
information to identify the deceased, and the hour, date, cause and manner of death
and it must respect certain basic formalities. 315 Even though the magistrate described
the gunshot wounds in the record of the removal of the body, no forensic doctor or
competent authority established the cause of death; a relevant element to determine in
their statements concerning the death; (iv) determine the cause, manner, location and time of death, as well
as any pattern or practice that may have brought about the death, and (v) distinguish between natural
death, accidental death, suicide and homicide. The autopsies and analysis of human remains must be carried
out systematically by competent professionals, using the most appropriate procedures. Cf. United Nations
Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary (Minnesota
Protocol), UN Doc. E/ST/CSDHA/.12 (1991). Available at: en:http://www.ohchr.org/EN/Issues/Executions/
Folios/RevisionoftheUNManualPreventionExtraLegalArbitrary.aspx.
313
Cf. Case of Juan Humberto Sánchez, supra, para. 127 and Case of Landaeta Mejías Brothers et al.,
supra, para. 228.
314
In this regard, international standards indicate that, regarding the scene of the crime, the investigator
must, at least: photograph the scene, and any other physical evidence and the body as it was found and
after it has been moved; collect and preserve any samples of blood, hair, fibers and threads or other clues;
examine the scene for shoe impressions or any other impressions of an evidentiary nature, and prepare a
report detailing any observations at the scene, actions of investigators and disposition of all evidence
recovered. The Minnesota Protocol establishes, among other obligations, that, when investigating a crime
scene the area around the body should be closed off, and only the investigator and his staff be allowed entry
into the area. Cf. Case of González et al. (“Cotton Field”) v. México. Preliminary objection, merits,
reparations and costs. Judgment of November 16, 2009. Series No. 205, para. 301, and Case of Landaeta
Mejías Brothers et al., supra, para. 228. Cf. Minnesota Protocol, supra.
315
An autopsy must respect certain basic formal procedures, such as indicating the date and time it
starts and ends, as well as the place where it is performed and the name of the official who performs it.
Furthermore, inter alia, it is necessary to photograph the body comprehensively; x-ray the body, the bag or
wrappings, and then undress it [if applicable] and record any injuries. Cf. Case of González et al. (“Cotton
Field”), supra, para. 310, and Case of the Human Rights Defender et al., supra, para. 204.
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