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).

Seleccionar párrafo de destino3