45
of the Fire Department and from a police agent in relation to actions taken on December 18,
2001190 (infra para. 196.d).
117. Unsuccessful search for mislaid evidence. Several pieces of evidence that were
mislaid have been sought unsuccessfully:
a)
On January 5, 2011, the Assistant Prosecutor of Agency No. 1 of the Mixco
Municipal Prosecutor’s Office sent a note to the Head of the Evidence Warehouse of
the Public Prosecution Service requesting information on the whereabouts of the
evidence that could not be found;191
b)
The same January 5, the Head of the Evidence Warehouse responded that the
denim trousers, the two towels and the sock had not entered the warehouse and,
subsequently, repeated his reply on January 24, 2011, indicating that the three
pieces of evidence had remained in the hands of a pharmaceutical chemist of the
Technical and Scientific Sub-Directorate, which later became the National Institute of
Forensic Science (hereinafter INACIF);192
c)
On January 14, 2011, the prosecutor of Agency No 1 of the Mixco Municipal
Prosecutor’s Office sent a request to the Head of the Central Evidence Warehouse of
the Public Prosecution Service to carry out “an exhaustive search for the [mislaid]
evidence, as the case was important,”193 and
d)
In view of the repeated request for this evidence by the prosecutor of Agency
No 1 of the Mixco Municipal Prosecutor’s Office, on June 10194 and on July 11, 2011,
the INACIF General Secretariat sent a communication to the prosecutor of the Mixco
Municipal Prosecutor’s Office, advising him that “INACIF initiated its crime laboratory
work195 on November 12, 2007, […] so that, unfortunately, it could not respond to
the request.”196 To date, there is no indication in the case file that the mislaid clothes
have been found.
118. Aspects related to the allegations of discrimination. It has been alleged that, in
this case, there has been a discriminatory bias that impeded any progress in the
investigations. The following facts can be indicated in this regard:
a)
On February 20, 2002, the criminal investigations experts responsible for the
case issued a report on the result of the preliminary measures taken with regard to
María Isabel’s murder. Among other matters, the experts stated that María Isabel’s
nickname was “la loca” [the crazy one] and referred to aspects of her behavior, the
way she dressed, her social life and her night life, and her religious beliefs, as well as
to the lack of supervision by her family.197 On February 21, 2002, the investigator of
the PNC Bureau of Criminal Investigation, Homicide Section, presented a report on
190
Cf. Note issued by the Assistant Prosecutor of Agency No. 1 of the Mixco Municipal Prosecutor’s Office
addressed to the Chief of the Municipal Fire Department of Guatemala City on July 13, 2009 (file of annexes to the
motions and arguments brief, annex 113, f. 12,644).
191
Cf. Note issued by the Assistant Prosecutor of Agency No. 1 of the Mixco Municipal Prosecutor’s Office to
the Head of the Evidence Warehouse of the Public Prosecution Service dated January 5, 2011 (file of annexes to
the motions and arguments brief, tome I, annex 37, f. 5,438).
192
Cf. Note of the Head of the Evidence Warehouse of the Public Prosecution Service of January 24, 2011 (file
of annexes to the motions and arguments brief, tome I, annex 39, f. 5,442).
193
Cf. Request to obtain evidence of January 14, 2011 (file of annexes to the motions and arguments brief,
tome I, annex 38, f. 5,440).
194
Cf. Repetition of the request for evidence of June 10, 2011 (file of annexes to the motions and arguments
brief, tome I, annex 43, f. 5,454).
195
This is a unit of the Scientific and Technical Department of the General Directorate of the Guatemalan
National Institute of Forensic Science.
196
Cf. Note of the Secretariat General of the Guatemalan National Institute of Forensic Science dated July 11,
2011 (file of annexes to the motions and arguments brief, tome I, annex 45, f. 5,459).
197
Cf. Report of the experts in criminal investigation addressed to Guatemala City Agency No. 32, supra.