is somehow to blame for what happened, whether because of her manner of dress, her
occupation, her sexual conduct, relationship or kinship to the assailant and so on. The result
is that prosecutors, police and judges fail to take action on complaints of violence. This bias
may also exert a negative influence on the investigation of such cases and the subsequent
weighing of the evidence, where stereotypes about how women should conduct themselves in
interpersonal relations can become a factor. 194
164.
The Court has found that the duty not to discriminate is breached in cases where officials in
charge of an investigation concerning the disappearance of—or violence against—a woman make statements
that denote the existence of prejudice and stereotypes with regard to the role of women in society. 195
2.
Analysis of the case
165.
In the instant case, there was a criminal investigation, a civil suit for damages, and an
administrative procedure, as a consequence of the facts relating to Paola's death. On December 17, 2002,
Paola's father filed a criminal suit against the Vice Principal, Bolívar Espín Zurita; the proceedings concluded
on September 18, 2008 with a statement that the criminal action had prescribed due to the statute of
limitations. In those criminal proceedings, Paola's also acted a private plaintiff. The civil suit began with the
complaint filed by Paola's mother on October 13, 2003 and was shelved in July 2012 due to alleged
discontinuance by the plaintiff.. As regards the administrative proceedings, the records indicate that they began
in December 2002 and ended on December 30, 2004, with the defendant being sanctioned for unjustified
abandonment of his post. Below, the Commission will analyze whether these proceedings amounted to
effective access to justice in keeping with due process guarantees for Paola's family members.
166.
To begin with, the Commission notes that the Ecuadorian State did not institute the
investigation ex officio. As explained above, it began when Paola's father filed a complaint, four days after the
facts. Moreover, the Commission notes that that is Paola's parents who constantly pushed for the investigation
to advance, proposing evidence, asking that witnesses be cited, and repeatedly requesting that the investigation
proceed at a proper pace. Due to the desultory pace of the investigations, Mrs. Petita Albarracín found herself
forced to formally demand that the judge recuse himself from hearing the case, a plea that was granted.
167.
The Commission notes with special concern the unwarranted delay by the Government
Prosecuting Attorney, during the criminal proceedings, to order and perform blood tests on Paola' s body.
Thus, it is placed on record that, on January 27, 2007, Paola's father had to request that the corresponding blood
tests be performed to ascertain whether his daughter had been pregnant at the time of her death. Thus, more
than one month after Paola's death and after the Prosecuting Attorney had become aware of the allegations
that she was pregnant, samples were sent to the laboratory for analysis. In addition to the delay, the
Commission draws attention to several medical notes indicating that the samples had been poorly preserved,
so that an anatomical-pathological examination of the uterus had to be performed, and of the ovaries which,
for their part, had been completely opened, as described in the forensic medical autopsy H-2003-11-502. There
is no indication of an administrative investigation being ordered as a result of those irregularities which were
clearly detrimental to a proper clarification and characterization of the facts.
168.
In addition to the above were the other irregularities in the autopsy mentioned by Dr. José
María Nájera in his expert opinion, which the Commission was able to ascertain in the corresponding certificate
and which were not contested by the State. The Commission considers it especially serious that the doctors
responsible for the autopsy performed it without any information regarding the events prior to the death,
which might have helped to have important tests performed in time, such as, precisely. a blood test to rule out
pregnancy.
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser.L/V/II. Doc. 68, January 20, 2007 (Annexes to the
petition, Volume VII, Annex 2, page 1822).
195 I/A Court H.R., Case of Veliz Franco et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs. Judgment of May 19,
2014. Series C No. 277, par. 212.
194