44
the justification of violence against her and the failure to investigate it properly, thereby denying her her
dignity.199 That situation was confirmed by a statement made by an official from the prosecutor’s office
mentioned above, who said, “the crime scene was not processed as it should have been because of
prejudgment of the victim’s background and status.” She was classified as a person whose death should
not be investigated.200 It is also corroborated by comments made at the beginning of the investigation
by the authorities to relatives of Claudina Velásquez, who told them that the profile of the alleged victim
had been confused with that of a female gang member or a prostitute and, therefore, a person whose
death was not worthy of investigation. Likewise, it was demonstrated by the irregularities in the
investigation, particularly the failure to conduct interviews in connection with the case in the initial
hours after the body was discovered, as well as the irregularities in the preservation of evidence and the
failure to identify the cadaver, even after its identity was known.
170. Despite, the efforts that the Guatemalan State has made in recent years to address the
problem of violence against women in that country, the IACHR finds that at the time the events in this
case occurred, the State had not adopted the necessary measures and policies, in keeping with the
obligations it undertook upon its ratification of the Convention of Belém do Pará, to ensure effective
investigation and punishment of violent acts committed against the women of Guatemala. In its
decision in the case of Maria da Penha Maia Fernandes the IACHR underscored the fact that in order for
the State to prove that it complied with its obligation to act with due diligence, in keeping with Article 7
of the Convention of Belém do Pará, evidence of the measures taken to eliminate society’s general
tolerance of violence against women will not suffice.201 The State must demonstrate that it has a real
commitment to eradicating the kind of impunity that exists in the case sub examine.202 Seven years
after the disappearance and death of Claudina Isabel Velásquez Paiz, the case is still emblematic of the
problem of impunity.
171. Based on these considerations, the IACHR finds that the State of Guatemala did not
comply with its duty to act with due diligence to prevent, investigate and punish the acts of violence
suffered by Claudina Isabel Velásquez Paiz, in violation of Article 7 of the Convention of Belém do Pará in
relation to Article 24 of the American Convention, and as required by the general obligation to respect
and ensure rights undertaken in Article 1(1) of the American Convention. The IACHR also finds that
Article 11 of the American Convention, in conjunction with Article 1(1) thereof, was violated to the
detriment of Claudina Isabel Velásquez:
Right to humane treatment (Article 5[1]) in connection with Article 1(1) of the
American Convention
172. Time and again the Inter-American Court has held that the next of kin of the victims of
human rights violations may also be victims by virtue of the additional suffering they have endured as a
result of the human rights violations done to their loved ones and by virtue of the subsequent actions or
199
Appendix 35. Gender Stereotyping Transnational Legal Perspectives. Rebecca J. Cook and Simone Cusack, p. 217.
200
Appendix 26. Office of the Human Rights Ombudsman, Informe de Verificación sobre Violaciones al deber de
investigar en el caso de Claudina Isabel Velásquez Paiz [Verification Report on Violations of the Duty to Investigate in the Case
of Claudina Isabel Velásquez Paiz].
201
IACHR, Report on Merits No. 54/01, Maria Da Penha Fernandes (Brazil), April 16, 2001, par. 57.
202
IACHR, Report on Merits No. 54/01, Maria Da Penha Fernandes (Brazil), April 16, 2001, par. 57.