63
B.
Considerations of the Court
178. The Court has already determined that, even though it cannot be asserted that every
murder of a woman that occurred at the time of the events was gender-based, it is probable
that this was true of María Isabel’s murder based on how the girl’s body was found. Indeed,
it has been said that women victims of gender-based murder frequently show signs of
cruelty during the violence perpetrated against them, as well as signs of sexual abuse or
mutilation (supra para. 78). In line with these characteristics, María Isabel’s body was found
with clear signs of violence, including signs of strangulation, a wound to the head, a cut on
one ear and bites on her upper arms; her head was covered by towels and a plastic bag,
and she had food in her mouth and nose (supra para. 99); in addition, the bottom part of
her blouse and underpants were torn (supra para. 110). This is relevant and sufficient for
applying Article 7 of the Convention of Belém do Pará to the case.254 It should be noted that
the lack of absolute certainty in this regard is a result of the failure to complete the
domestic investigation, as well as the way in which, to date, this has been conducted. Thus,
for example, significant elements, such as the presence of sexual violence in the incident,
has not been determined with certainty (supra para. 111 and infra para. 196.b).
179. The Court also finds it relevant to recall its case law with regard to the criteria
applicable to the assessment of the evidence in a case. Since its first contentious case, this
Court has indicated that, for an international court, the criteria for assessment of evidence
are less strict that under domestic legal systems, and has maintained that it may assess the
evidence unreservedly. The Court must assess the evidence in a way that takes into account
the significance of attributing international responsibility to a State and that, despite this, is
able to establish conviction about the truth of the alleged facts.255
180. With regard to the alleged impediments to the correct implementation of certain
procedures at the time of the events (supra para. 171), the Court recalls that it is a basic
principle of international law, supported by international jurisprudence, that States are
bound to observe their treaty-based obligations in good faith (pacta sunt servanda) and, as
this Court has already indicated and as established in Article 27 of the 1969 Vienna
Convention on the Law of Treaties, States may not invoke the provisions of their internal
law as justification for failure to do so.256 Hence, the State cannot excuse failure to comply
with its obligation to investigate with the due diligence by affirming that, at the time of the
events, there were no laws, procedures or measures for conducting the initial investigative
measures properly in keeping with the standards of international law that are evident in the
applicable treaties in force at the time of the events, and that this Court has indicated in its
case law (infra para. 188 and 189). Nevertheless, the Court has noted that Guatemala has
254
Article 1 of the Convention of Belém do Pará defines violence against women as “any act or conduct,
based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in
the public or the private sphere.” The Court has stated that “CEDAW […] has indicated that ‘[v]iolence against
women is a form of discrimination that creates a significant impediment to their enjoyment of rights and freedoms
on an equal footing with men.” Case of González et al. (“Cotton Field”), supra, paras. 143, 401 and 395.
Furthermore, the Court has also indicated that “not every violation of a human right committed against a woman
necessarily results in a violation of the provisions of the Convention of Belém do Pará.” Case of Ríos et al. v.
Venezuela. Preliminary objections, merits, reparations and costs. Judgment of January 28, 2009. Series C No. 194,
para. 279. This does not mean that, in relation to the investigation of acts committed against women, application
of the Convention of Belém do Pará depends on the absolute certainty about whether or not the act to be
investigated constitutes violence against women in the terms of that Convention. In this regard, it should be
stressed that it is by compliance with the duty to investigate established in Article 7 of the Convention of Belém do
Pará that, in different cases, certainty can be reached on whether or not the act investigated constituted violence
against the woman. Consequently, compliance with the obligation cannot be made dependent on this certainty.
Consequently, it is sufficient that the act in question has material characteristics that, reasonably considered,
indicate the possibility that it was an act of violence against a woman in order to give rise to the obligation to
investigate in the terms of the Convention of Belém do Pará,
255
256
Cf. Case of Velásquez Rodríguez. Merits, supra, paras. 127, 128 and 129, and Case of J., supra, para. 305.
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention
(Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A No.
14, para. 35, and Case of J., supra, para. 349.