241.
Likewise, the information available indicates that neither upon admission to the hospital nor
in subsequent days were examinations carried out to collect relevant scientific evidence—for example, to
determine if any seminal liquid or other relevant genetic material remained in her body. Nor is there any
indication that the examination included a detailed, in-depth physical check to adequately and meticulously
document not only injuries in her genital area but in her anal area, as well as the other injuries on her body
like the bite marks335 that were also evidence of the brutal cruelty and an indication of the gender-based and
sexual nature of the violence against her. As indicated, this type of due diligence carried out in a timely
fashion would have enabled collection of evidence of sexual violence and rape and detection of the possible
presence of genetic material for eventually performing an analysis of its DNA against that of the person
identified by the victim as her attacker.
Actions and omissions of the corresponding authorities throughout the investigation
242.
In addition to the initial above-indicated omissions, the Commission observes that there was
a lack of due diligence throughout the investigation. The Commission notes that although it does not have all
the procedural pieces of the domestic criminal case file, it is possible from the content of the main judicial
decisions making up the body of evidence of this case to establish the investigation’s definitive steps from its
initial stage. Likewise, the authorities’ actions can be reconstructed based on the witness testimony in the
case cited in the decisions.
243.
First is noteworthy that at the same time omissions described in the previous section were
taking place, the Office of the Public Prosecutor was focusing on collecting repeated statements from Linda
Loaiza López without any justification despite the significant risk of re-victimization from repeatedly
describing the acts of violence against her.
244.
Second, and with regard to the handling and preservation of the apartment where Linda
Loaiza López was found, the Commission established that the scene was not duly protected despite an order
from the Office of the Public Prosecutor ordering that it remain closed off. Also, it appeared the scene was not
adequately protected while the initial forensic examinations were conducted. This is reflected in the lack of
clarity as far as which authority was in charge there, as well as by the presence of a variety of people seen in
the photographs and with no indication that minimal guarantees had been put in place to prevent the scene
from becoming contaminated.
245.
The Commission observes that a review of the evidence collected at the scene, the visual
inspection and crime scene photography, and the testimony of the officials who carried out these
procedures—all described in detail in the section on proven facts—reveals serious inconsistencies indicative
of the negligence with which this part of the investigation was conducted. Likewise, this evidence reveals
important omissions, such as the absence of measures to identify fingerprints at the scene. Also, the
description of the scene found in the visual inspection report does not include all elements that would be of
interest to a criminal investigation, elements whose existence was noted by officials who were on the scene.
The Commission also notes that the rigorousness required for collecting evidence at the scene was absent,
leading to the loss of important evidence such as the bedroom mattress.
246.
Second, the Commission observes that although evidence containing traces of blood, semen,
and even hair was collected, no forensic tests were conducted on it, not even DNA tests to determine whose it
was. As established, the only forensic comparison examination that was ordered—though in any case it was
never conducted—was a Luminol test in Linda Loaiza López’s residence to search for traces of blood to be
matched against that of the victim. Neither in its briefs nor in the hearing has the State been able to explain its
reasons for ordering this examination to compare results with the blood of the victim while failing to take any
steps toward identifying the attacker. The Commission finds this to be the most serious omission yet, as the
335 See: United Nations, Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment, Istanbul Protocol, December 2001, pgs. 80-84.