36
removal of the corpse, and the report of the PNC agents present where it was found, both
indicate that the body was transferred by a PNC vehicle, and that the autopsy order was
handed to an agent of the PNC. This procedure ending at 3.45 p.m., while the report of the
Site Inspection Unit of December 18, 2001, indicates that it ended at 4.15 p.m.124
98.
Identification of the corpse. On December 18, 2001, María Isabel’s mother, on
seeing the news that a body had been found on television, went to the morgue where she
verified that it was the body of her daughter. 125 Mrs. Franco Sandoval then indicated, as
revealed by a document in the judicial case file, that:
When [she] had to go to the morgue to identify [her] daughter, who was labelled XX, she went mad
with grief, [she] yelled, cried, collapsed; but at some moment [she] asked the pathologist for his
opinion [and] he told [her] that [her] daughter had been raped and, in his opinion, had been
murdered during the night of December 17.126
99.
Record of the recovery of the corpse. On December 18, 2001, the record of the
recovery of the corpse was prepared. Also, note No. 1,131-2001, of the same date,
indicates the following:
It was verified that the [corpse’s] face was covered with a green towel and a black towel; there was a
brown plastic cord around her neck; the head was covered with a black nylon bag. When the body
was discovered, the mouth and nose were full of food (vomit); the body was lying flat, with the face
look west, and the legs east; the arms were at the side, the legs were extended, and the body was
face down […] CLOTHING: blue denim trousers, short-sleeved black cotton blouse brand Bobil Shirr;
white underpants with purple figures; white socks, black leather shoes, beige brassiere. […] THE
FOLLOWING INJURIES: one wound to the front of the head, in the left parietal region near the pinna,
presumably inflicted with a knife. The above-described objects are in the custody of the assistant
prosecutor […].127
Other documents prepared in the context of the investigation contain similar assertions and
explicitly mention the presence of signs that the corpse had been strangled.128
100. Testimony of a witness. The agents of the PNC Bureau of Criminal Investigation,
Homicide Section, interviewed a witness at the scene of the crime, who stated that he was a
guard at a house under construction near that sector. He refused to provide his personal
information for fear of reprisals and, with regard to the case, stated the following:
[On December 18, 2001, he] heard a neighbor’s dogs barking for about 10 minutes; possibly, at that
time they killed the girl. [He] found out about her death at about 11 a.m. from some construction
124
Cf. Record of the removal of the corpse by the first Assistant Prosecutor of Mixco Agency No. 5 of
December 18, 2001 (file of attachments to the Merits Report, annex 3, fs. 59 and 60); Note No. 1,131-2001,
supra, and Site inspection report of December 18, 2001, issued by an expert from the Site Inspection Section of
the Bureau of Criminal Investigation of the National Civil Police (file of attachments to the Merits Report, annex 5,
fs. 70 and 71).
125
Cf. Expansion of statement of Rosa Elvira Franco Sandoval and ratification of complaint, supra.
126
Cf. Brief of Rosa Elvira Franco Sandoval of August 28, 2004, addressed to the Prosecutor General and
Head of the Public Prosecution Service (file before the Commission, judicial case file, part I, fs. 2,869 to 2,872).
127
Cf. Note No. 1,131-2001, supra. Regarding the green towel and the black towel that appeared with the
body when it was found, the case file reveals some confusion as a blue towel is mentioned later. Nevertheless, the
parties have not contested the fact that it was in fact a green towel and a black towel. See also, Expert opinion No.
BIOL-01-15-12 of the Biology Section of the Bureau of Criminal Investigations of January 7, 2002 (file of
attachments to the Merits Report, annex 14, fs. 99 to 101), and Report of the criminal investigation expert of
December 29, 2001 (file of attachments to the Merits Report, annex 13, fs. 96 and 97).
128
Cf. Record of the removal of the corpse by the first Assistant Prosecutor of Mixco Agency No. 5, supra;
Record of the transfer of the corpse of María Isabel Veliz Franco addressed by the Assistant Prosecutor I of Mixco
Agency No. 5 to the forensic physician for the autopsy of December 18, 2001 (file of attachments to the Merits
Report, annex 4, fs. 66 and 67); Site inspection report issued by an expert from the Site Inspection Section of the
Bureau of Criminal Investigation of the National Civil Police, supra, and Medical certificate recording the death of
María Isabel Veliz Franco dated December 18, 2001 (file of annexes to the motions and arguments brief, tome I,
annex 9, f. 5,321).