functional course of the investigation and to ensure that his staff processed the crime scene
appropriately […] including when taking fingerprints, during which they interrupted the
mourning process of the Velásquez Paiz family”; (b) the Director of the Judiciary’s Forensic
Medicine Service because “he allowed the doctors in his service to conduct deficient procedures
when performing forensic autopsies and to present incomplete reports or reports with incorrect
information,” and (c) the Judiciary’s forensic physician who performed the autopsy on the body
of Claudina Velásquez “owing to serious omissions and inexcusable shortcomings in the
performance of the autopsy.” Lastly, he made several recommendations to the Prosecutor
General, the Head of the Public Prosecution Service, the Director General of the National Civil
Police, the congressional Human Rights Committee and the Judiciary’s Forensic Medicine
Service.139
B.5. Disciplinary procedures in the Head Office for the Prosecution of Crimes against
Life and Integrity and in the Criminal Investigation Department
93.
The file reveals that disciplinary procedures were opened in the Head Office for the
Prosecution of Crimes against Life and Integrity, as well as in the Criminal Investigation
Department, against the assistant prosecutor and three criminal investigation experts who took
part in the initial moments of the investigation into the death of Claudina Velásquez.140 In this
regard, on February 11, 2009, the disciplinary procedure against the assistant prosecutor was
declared admissible and he was sanctioned with a written reprimand.141 Moreover, on July 5,
2012, the Criminal Investigation Department advised the prosecutor that, in 2009, two of the
criminal investigation experts had been sanctioned with a verbal reprimand and, in the case of
the third, it was decided that the procedure against him was without merit.142
B.6. Disciplinary Procedure in the Disciplinary Regime Unit of the Judiciary’s Human
Resources System
94.
On November 6, 2006, the Judiciary’s Internal Audit Office prepared a detailed
investigation report as a result of the July 20, 2006, resolution of the Guatemalan Ombudsman
(supra para. 91).143 On this basis, on November 8, 2006, the Disciplinary Regime Unit of the
Judiciary’s Human Resources System (hereinafter “Disciplinary Regime Unit”) admitted for
processing the complaint filed by the Ombudsman against the forensic physician who had
performed the autopsy on the body of Claudina Velásquez.144 At the conclusion of this process,
in a decision of November 29, 2006, the Disciplinary Regime Unit declared the forensic physician
against whom the complaint had been filed in contempt of court, inhibited itself from hearing the
proceeding considering that it referred to a minor negligence, and forwarded a copy of the
decision to the Head of the Forensic Medicine Service to continue the respective procedure.
According to the Disciplinary Regime Unit, when carrying out his work, the forensic physician
“had done so negligently” for the following two reasons:
The forensic physician provided a report to the assistant prosecutor of the Public Prosecution Service, indicating
that he had performed an autopsy on an unidentified person of female sex, when this person had already been
identified as Claudina Isabel Velásquez Paiz[. Also,] it was proved that, when the defendant expanded the
Cf. Resolution of the Ombudsman of July 20, 2006 (evidence file, folios 3255 to 3262).
Cf. Communication SUPGMP-953-2011 of the General Supervision Unit of the Public Prosecution Service of
August 19, 2011 (evidence file, folio 5331).
141
Cf. Decision of the Prosecutor for Crimes against Life and Personal Integrity of February 11, 2009 (evidence file,
folios 6176 to 6179).
142
Cf. Communication of the Criminal Investigations Department of July 5, 2012 (evidence file, folio 6142).
143
Cf. Detailed investigation report of the Judiciary’s Internal Audit Assistant of November 6, 2006 (evidence file,
folios 3265 to 3270).
144
Cf. Decision of the Disciplinary Regime Unit of the Judiciary’s Human Resources System of November 8, 2006
(evidence file, folio 3281).
139
140
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