87
structural indicators as regards the adoption of measures that, in principle, are aimed at
confronting violence and discrimination against women, or whose application contributes to
this.
265. In this context, as regards the indication of the different measures adopted by the
State, with the exception of what is indicated below (infra paras. 267 to 269), the Court
does not have sufficient and recent information to be able to assess the possible
insufficiency of the said laws, institutions and policies. In particular, the Court is unable to
rule on the existence of a comprehensive policy to overcome the situation of violence
against women, discrimination and impunity, without information on the possible structural
deficiencies of these policies, the potential problems in their implementation and, where
applicable, their results on the effective enjoyment of rights by the victims of such violence.
266. In general, and with the exception of the following considerations, this lack of
information on the different measures adopted by the State prevents the Court from ruling
on the need for different or supplementary norms, actions or public policies in order to
ensure the non-repetition of the facts of this case.
267. The Court observes that the State has indicated that INACIF entered into operation
at the end of 2007 (supra para. 171). The work of this institute does not relate only to
cases of violence against women or girls, but does include such cases. In this regard, the
State indicated that the tests that were omitted in the investigation into the facts of the
case “could only be conducted after [INACIF] had been created” (supra para. 171). Also,
article 21 of the Law against Femicide ordered that “[t]he Ministry of Finance […] allocate
resources in the State’s Budget of Income and Expenditure to […]: strengthen […] INACIF.”
Hence, it can be inferred, based on the State’s assertions and the text of the said law, that
the satisfactory functioning of this entity is essential for ensuring that cases of assaults on
women can be properly investigated. Nevertheless, information from 2012 has been verified
indicating the need for INACIF to receive increased resources, and this was also indicated by
INACIF authorities in 2010.353 This information has not been contested and the Court has
not been provided with information to show that this situation has changed. In addition,
expert witness María Eugenia Solís was of a similar opinion and indicated also that INACIF
“has a weakness, because it is not present throughout the country.”
268. Based on the above, the Court finds it pertinent to order the State, within a
reasonable time, to draw up a plan with a specific timetable to reinforce INACIF, which
includes the allocation of adequate resources to allow it to expand its activities throughout
national territory and to fulfill its mandate.
269. The evidence also reveals that article 15 of the Law against Femicide, approved in
2008, established the “creation of the specialized jurisdictional organs.” Furthermore, its
article 14 established that “the Public Prosecution Service shall create the Prosecutor’s
Office for Offenses against the Life and Physical Integrity of Women, specialized in the
investigation of the offenses established by [the said] law, with the budgetary, physical,
material, scientific and human resources that allow it to meet its objectives.” The State has
advised that, “by decision 1-2010, the Supreme Court of Justice of Guatemala approved the
State has adopted some measures to improve their effectiveness: on February 1, 2006, the Public Prosecution
Service issued “General Instructions” establishing guidelines for criminal investigations (file of annexes to the
motions and arguments brief, annex 100, fs. 10,833 to 10,852).
353
Cf. El Observador Judicial. No. 87. Year 12. March-April 2010. Guatemalan National Institute of Forensic
Science. Estado de Situación 2012, p. 15 (file of annexes to the motions and arguments brief, annex 73, fs. 9667
to 9701). This indicates that “it can be concluded that the budget allocated and in effect must be increased by
38.6% for the allocated budget to correspond to the executed budget and to recover the budget level at 2006
prices, which should be an institutional management objective over the next periods”), and El Periódico,
Guatemala, Thursday, March 11, 2010, “I[NACIF] suspende el 80% de servicios” [INACIF suspends 80% of its
services] and Noticiasguate.com - Noticias de Guatemala, April 19, 2010, “El I[NACIF] podría desaparecer” [INACIF
could disappear], newspaper articles cited by the representative, available, respectively, at http://www.
elperiodico.com.gt/es/20100311/pais/141753/ and http://noticiasguate.com/el-inacif-podria desaparecer/.