45
omissions of the State authorities with regard to the events.203 Following this line of jurisprudence, the
Court has found that the next of kin’s right to mental and moral integrity, protected under Article 5(1) of
the American Convention, was violated.204 In the present case, the irregularities and delays on the part
of the Guatemalan State in the investigation into the disappearance of Claudina Isabel Velásquez Paiz
and her subsequent murder caused her family profound suffering and anguish, and that despite the
seriousness of the crimes, seven years have passed since her lifeless body was found and yet those
responsible have not been punished.205
173. The IACHR notes that the continuous changes of prosecutors in charge of the case has
also been a source of victimization of the family, which has had to repeat the facts in the case countless
times with the attendant pain and emotional suffering that has caused. In the words of Mr. Velásquez,
“Basically they did not ask us any questions. They asked me to narrate the facts and I was hurried by the
assistant prosecutor, so that we should not take up so much of his time.”206
174. According to the Human Rights Ombudsman, the Velásquez family has had to put up not
only with indifference, but also offensive comments: for example, that the victim’s profile had been
confused because of certain characteristics, such as that she was wearing sandals or had a pierced navel.
In its report, the ombudsman’s office found that on a number of occasions Rolando Velásquez was
denied access to information in the case file, while on others he was asked to give the investigations
time to move forward. However, he says that whenever he stops going to the Public Prosecution
Service’s offices the investigations halt. In a hearing on the merits of the case before the IACHR, the
petitioners said that Jorge Rolando Velásquez Durán has been categorized within the justice system as
“persona non grata in prosecutors’ offices.”207
175. The Commission also notes the scant concern and sensitivity that State officials showed
for the family’s grief. An example of this was the arrival of officials from the Public Prosecution Service
to fingerprint the corpse at the wake that the family was holding for the alleged victim,208 with “the
203
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C No. 140,
par. 154; I/A Court H.R., Case of Gómez Palomino. Judgment of November 22, 2005. Series C No. 136, par. 60; I/A Court H.R.,
Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, pars 144-146; I/A Court
H.R., Case of the Serrano Cruz Sisters. Judgment of March 1, 2005. Series C No. 120, pars 113-114; I/A Court H.R., Case of the 19
Merchants. Judgment of July 5, 2004. Series C No. 109, par. 210.
204
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C No. 140,
par. 154; I/A Court H.R., Case of Gómez Palomino. Judgment of November 22, 2005. Series C No. 136, par. 60; I/A Court H.R.,
Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, pars 144-146; I/A Court
H.R., Case of the Serrano Cruz Sisters. Judgment of March 1, 2005. Series C No. 120, pars 113-114; I/A Court H.R., Case of the 19
Merchants. Judgment of July 5, 2004. Series C No. 109, par. 210.
205
Appendix 36. Psychological experts’ reports submitted by the petitioners
206
Appendix 37. Andrea Diez Informe sobre las condiciones y condicionantes de género presentes en la sociedad
guatemalteca y en cultura judicial y estatal. El caso de Claudina Velásquez Paiz [Report on gender conditions and constraints in
Guatemalan society and in the judicial and state culture: The case of Claudina Isabel Velásquez Paiz] October 2009. Enclosed
with the original petition of December 10, 2007, and attached to the communication of March 19, 2010.
207
208
IACHR, Record of Hearing No. 30, Case 12.777, Claudina Isabel Velásquez Paiz, March 27, 2012.
Appendix 13. Report No. 2242-2005 Group 11 of August 16, 2005. Report of Marta Yolanda Samayoa López,
criminalistic investigations technician, addressed to the Public Prosecution Service Fingerprint Section. Enclosed with the
original petition of December 10, 2007.