(c) To identify possible witnesses and obtain statements from them concerning the
death;
(d) To determine the cause, manner, location and time of death, as well as any
pattern or practice that may have brought about the death;
(e) To distinguish between natural death, accidental death, suicide and homicide;
(f) To identify and apprehend the person(s) involved in the death;
(g) To bring the suspected perpetrator(s) before a competent court established by
law.
117. At the same time, in order to be able to guarantee a thorough and impartial
investigation, the Manual establishes that “one of the most important aspects [of the
investigation] is the collection and analysis of evidence". In this way, according to the
Manual, the procedure for collecting evidence should adhere to the following parameters:
(a) The area around the body should be closed off. Only investigators and their staff
should be allowed entry into the area;
(b) Color photographs of the victim should be taken as these, in comparison with
black and white photographs, may reveal in more detail the nature and
circumstances of the victim's death;
(c) Photographs should be taken of the scene (interior and exterior) of any other
physical evidence;
(d) A record should be made of the body position and condition of the clothing;
(e) The following factors may be helpful in estimating the time of death:
(i) Temperature of the body (warm, cool, cold);
(ii) Location and degree of fixation of lividity;
(iii) Rigidity of the body;
(iv) Stage of its decomposition;
118. According to the proved facts, when the dead body of Mr. Palma was
discovered, the political lieutenant of the Jesús María parish ordered that the body be
buried, arguing that no family member had come to claim it. The judicial file contributed by
the state shows that no autopsy was done and that there was no investigation done aimed
at identifying the body, collecting evidence, or examining the reasons for his death and
trying to punish those responsible for the death, in spite of the fact that the State had the
duty to begin such a process “ex officio.” The Commission also notes that, according to the
proved facts, that no effort was made to identify the body by taking fingerprints or by other
means, the cause of the death was not determined, and no report was prepared detailing
observations about the place, the actions of the investigators, and what was done with all
of the evidence recovered.
119. The Commission has established that, as a general rule, a criminal
investigation must be conducted promptly to protect the interests of the victim, preserve
evidence, and safeguard the rights of all people who may be considered suspects in the
context of the investigation.101 The Court has emphasized this responsibility of the State,
101
Inter-American Court of Human Rights. Case of The Massacre of Mapiripán Vs. Colombia. Merits,
Reparations, and Costs. Judgment of September 15, 2005. Ser. C. No. 134. para. 190.