207. Likewise, due diligence in the legal and medical investigation of a death requires
that the chain of custody for each item of forensic evidence be safeguarded. 315 The Court
has specified that this involves keeping a precise written record, complemented, as
applicable, by photographs and other graphic elements, to document the history of each
item of evidence as it passes through the hands of the different investigators responsible
for the case. The chain of custody can extend beyond the trial, sentencing and conviction
of the accused, given that old evidence, duly preserved, could help exonerate someone
who has been erroneously convicted. The exceptions to the foregoing are the positively
identified remains of victims, which may be returned to their families for burial, on
condition that they cannot be cremated and may be exhumed for new autopsies. 316
208. The Court has confirmed the following irregularities in the initial procedures of the
investigation:
a) The file contains no information as to how investigators learned of the discovery of the
body, i.e. the identity of the person(s) who reported the crime and the circumstances
in which the body was found. It does not establish whether details were taken of the
vehicle parked at the crime scene, whether the area was protected or cordoned off or
whether inspections were conducted with the necessary thoroughness to identify
details such as the state of the clothing on the body, or if there were any blood stains,
hairs, fibers, threads or other clues on the victim’s body. Therefore, the crime scene
was not managed correctly.
b) The personal effects found on A.A., the bicycle he was riding and a bag with the logo
of the local family grocery store and its contents, were handed over to his son G.A.,
who went to the site and identified the body. 317 In other words, they were not
collected as evidence.
c) Mr. A.A.’s clothing “was not packaged nor were details taken [of it]” and it was
discarded. 318 On this point, it is important to emphasize that on May 4, 2005, the
Assistant Prosecutor of Santa Lucía Cotzumalguapa informed the agent of the Human
Rights Prosecutor that “[t]he victim was taken to the morgue with the same clothing
he wore” and that “[n]one of the victim’s clothes were removed.” Specifically, he
stated “[a]t a simple glance no clues were found on the items of clothing; however this
detail can only be determined by an expert in the matter” (supra para. 111).
Consequently, since no evidence was collected, there was no opportunity to conduct
an expert assessment to analyze those items of clothing.
d) Despite the fact that the Assistant Prosecutor of Santa Lucía Cotzumalguapa had
ordered the body to be taken to the local morgue for the legal autopsy (supra para.
102), an officer of the National Civil Police of Santa Lucía Cotzumalguapa who went to
the crime scene explained that “because the morgue was under construction, [the
body of] the victim was taken to the Santísima Trinidad funeral home in Santa Lucía
Cotzumalguapa,” 319 in a vehicle driven by an employee of the funeral home, 320 with no
evidence that it was guarded. Thus, the chain of custody for A.A.’s body and the
evidence on it was broken.
e) When the investigating agent assigned by the Criminal Investigation Service of
Precinct 31 of the National Civil Police of Escuintla arrived at the crime scene, “the
body had already been removed.” Consequently, based on the information available at
that time, and without performing a visual inspection, a preliminary report on the
315
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 301, citing the United Nations Manual on
the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, Doc. E/ST/CSDHA/.12
(1991).
316
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 305.
317
Cf. Letter of December 20, 2004, from the Chief of Substation No. 31-43 of Escuintla to the District
Prosecutor of the Public Prosecution Service (File of attachments to submission brief, page 940); Brief of May 4,
2005 of the Assistant Prosecutor of Santa Lucía Cotzumalguapa, to the Assistant of the Office of the Human Rights
Prosecutor of the Public Prosecution Service (File of attachments to submission brief, page 855), and Statement
rendered by an agent of the National Civil Police on May 9, 2005 (File of attachments to submission brief, pages 860
to 862).
318
Cf. Extended Autopsy Report submitted on May 13, 2005 (File of attachments to submission brief, pages
880 to 881).
319
Cf. Statement rendered by an agent of the National Civil Police on May 9, 2005 (File of attachments to
submission brief, pages 860 to 862).
320
Cf. Letter of December 20, 2004, from the Chief of Substation No. 31-43 of Escuintla to the District
Prosecutor of the Public Prosecution Service (File of attachments to submission brief, page 940).
62
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