41
for the presence of pesticides, and it was mentioned that the stains of stomach
contents were dry when they were analyzed.159 The report BIOL-01-1512 documents
and concludes, among other matters, that “[t]he lower part of the blouse was torn,”
and that the “lower part of the white underpants was torn,”160 and
d)
On February 27, 2002, Assistant Prosecutor I of Mixco Agency No. 5 sent a note
to the forensic physician asking him “whether, when vaginal and anal swabs and nail
scraping tests are not requested, these are still carried out automatically.” 161 On
March 9, 2006, the forensic physician informed Assistant Prosecutor I that the said
tests were not performed automatically.162
111.
Autopsy report
a)
The Autopsy Report issued by the Legal Unit of the Forensic Medicine Service
on February 13, 2002, stated that the cause María Isabel’s death was “epidural
hematoma resulting from a fourth-degree trauma to the cranium”; it also concluded
that there was a “cerebral edema, fracture of the cranium, signs of asphyxiation,
among other findings and injuries,” and indicated that the genital organs were
“normal.”163 There is no record in the case file that any other test was performed to
determine whether Isabel had been raped, and
b)
On August 2, 2011, the Assistant Prosecutor of Mixco Agency No. 5 asked the
Head of the INACIF to appoint a forensic expert to make a complete interpretation of
the autopsy performed on María Isabel Veliz Franco on December 18, 2001. 164 On
August 4, 2011, an INACIF medical professional provided an expert opinion
interpreting the autopsy and establishing that, based on the findings of the autopsy,
it would not be possible to rule on the time or manner of her death; nevertheless, he
indicated that: (i) “the cause of death was an “epidural hematoma following a fourthdegree cranium trauma,” and (ii) “the time of death was from six to twelve hours.” 165
159
Cf. Report of the Toxicology Section issued by the pharmaceutical chemist of the Public Prosecution
Service on February 19, 2002 (file of annexes to the motions and arguments brief, tome I, annex 12, f. 5,334).
160
supra.
Cf. Expert appraisal No. BIOL-01-15-12 of the Biology Section of the Bureau of Criminal Investigations,
161
Note sent by Assistant Prosecutor I of Mixco Agency No. 5 to the forensic physician dated February 27,
2006 (file of attachments to the Merits Report, annex 10, f. 90).
162
Cf. Note sent by the forensic physician to Assistant Prosecutor I of the Mixco Municipal Prosecutor’s Office
dated March 9, 2006 (file of attachments to the Merits Report, annex 11, f. 92).
163
Autopsy Report No. 2865/2001 of February 13, 2002 (file of attachments to the Merits Report, annex 4, f.
62), which indicates:
“EXTERNAL EXAMINATION: […] Lividity: on the dorsal region of the body. Rigor mortis: generalized. Putrefaction:
apparently not initiated. INJURIES: wound with bruising of six by six centimeters with irregular edges on the left
parietal area of scalp, another wound with bruising of four by six centimeters with irregular edges that caused a
fracture to the left temporal-occipital area. Violaceous-colored scratches on the right shoulder and neck, on the
back of the neck (nape), violet-colored ecchymosis throughout this area with hemorrhagic infiltration, as well as
abrasions on the shoulder, right posterior thorax and left bilateral; there is a dislocation of the right posterior
thorax and the posterior part of the right arm, ecchymosis and an area of bruising in the left outer ear, the
abrasions on the neck and right arm are repetitive suggesting bite marks. CRANIUM: blood infiltration over the
whole scalp with subaponeurotic hematoma in the left temporal-parietal area with fracture of the right occipitotemporal lobe and fracture of the base on the right side. BRAIN: bruised, hemorrhagic, epidural hematoma on the
left side, cut section reveals firm consistency. Cerebellum: bruised, hemorrhagic. […] GENITAL ORGANS: normal.
NOTE. Samples were sent to the Toxicology Laboratory for an analysis of the blood and internal organs.
CONCLUSIONS: (a) fourth degree trauma to the cranium; (b) epidural hematoma; (c) Cerebral edema; (d) fracture
of the cranium; (e) syndrome of asphyxiation; (f) findings described. CAUSE OF DEATH: epidural hematoma
following fourth degree trauma to the cranium.”
164
Cf. Note with request to the Head of the Institute of Forensic Science dated August 2, 2011 (file of
annexes to the motions and arguments brief, tome I, annex 46, f. 5,461).
165
Cf. Expert report provided by the medical professional of the Institute of Forensic Science of August 4,
2011 (file of annexes to the motions and arguments brief, tome I, annex 47, f. 5,463).