31
using the most appropriate procedures.126 In the case of homicides, specific evidence must be preserved
if rape is suspected.127
125. The Inter-American Court has also found that international standards indicate that,
regarding the crime scene, the investigators must, at the very least: photograph the scene and any other
physical evidence, and the body as it was found and after it has been moved; gather and conserve the
samples of blood, hair, fibers, threads and other clues; examine the area to look for footprints or any
other trace that could be used as evidence, and prepare a detailed report with any observations
regarding the scene, the measures taken by the investigators, and the assigned storage for all the
evidence collected. 128 The obligations established by the Minnesota Protocol provide that, when
investigating a crime scene, the area around the body must be closed off, and entry into it prohibited,
except for the investigator and his team.129
126. Based on information in the judicial record, the IACHR notes a series of irregularities in
the investigation into the death of Claudina Isabel Velásquez Paiz, particularly failings in the preservation
of the crime scene and in the handling and analysis of the evidence collected.
127. As was shown in the “Proven Facts” section, according to the police report the body of
Claudina Isabel Velásquez was discovered on August 13, 2005.130 The record does not show how it was
that the authorities came to be at the place where the body was found; specifically, how the 14th Police
District radio dispatch center learned of the discovery. The crime scene was contaminated before it was
processed, since the report of the investigating medical examiner from the Public Prosecution Service
indicated that the body had been covered with a white sheet.131 There is no document indicating which
person or persons had access to the body and if it was manipulated.
128. The police report states that several individuals were at the scene but did not give their
names for fear of reprisals; they told them that a white taxi-like vehicle, arrived at the place possibly to
126
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, par. 300; I/A Court H.R., Case of Juan Humberto Sánchez v. Honduras.
Preliminary Objection, Merits, Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, par. 99, paragraph 127; I/A
Court H.R. Case of Escué Zapata v. Colombia. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 165, par.
106; I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009 Series C
No. 196, par. 102.
127
The victim’s oral, vaginal and rectal fluids must be saved, as must all foreign and pubic hairs. United Nations,
Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, U.N. Doc.
E/ST/CSDHA/.12 (1991), paras. 29-30.
128
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, par. 301. The Court makes reference to the United Nations Manual
on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, U.N.
129
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, par. 301.
130
Appendix 4. Official communication No. 2,544/2005, Ref. agente.mazariegos of August 13, 2005, issued by Saul
Rigoberto Estrada García, 142nd Station Chief, Zone 11. Copy of judicial record presented by the petitioners on May 31, 2012.
131
Appendix 8. Report DMF-2947-05 ESCENA 2413-05 PAC/lm of August 30, 2005, prepared by Mr. Pedro Adolfo
Ciani, Investigating Medical Examiner, Public Prosecution Service. Enclosed with the original petition.