G. The presumed procedures victim’s detention and subsequent investigation 64. The presumed victim was detained on February 28, 2008, while receiving medical care in the Maternity Ward of the San Francisco Gotera National Hospital. The record of the arrest indicates that Manuela was detained in flagrante delicto “for the crime of the murder of her newborn son, an act that occurred on February 27 at 12:30 p.m. in the septic tank of her house.”131 The record indicates that Manuela refused to sign it.132 According to her father, Manuela was handcuffed to the bed where she lay.133 65. The same day, the presumed victim was appointed a public defender. The police record appointing the defender indicates that “if the detainee is unable to sign her name, she must place her fingerprint.” However, this document lacks either the signature or the impression of Manuela’s finger.134 66. On February 29, 2008, the head of the Women and Children’s Unit of the Morazán Prosecution Service asked the director of the San Francisco Gotera National Hospital to provide a copy of Manuela’s medical record and informed him that “due to the investigations conducted to date, it had been determined […] that […] she had indeed committed an offense and that, as a result, she has now been detained.”135 67. Subsequently, the director of this hospital sent a transcript of Manuela’s medical record for the day on which she was given emergency treatment, which also included a section on her personal background in relation to her sexual and reproductive life. 136 68. On February 29, 2008, the Prosecutor General issued an order requiring a formal investigation with the provisional detention of Manuela for the crime of the aggravated homicide of a newborn.137 He indicated that the detention was necessary “to ensure that this case does not remain unpunished and that the normal outcome of the proceedings is not frustrated, because the existing evidence leads to the presumption that the accused may evade the action of justice by flight, and it should also be recalled that the [Code of Criminal Procedure] makes it very clear that pretrial detention is the only appropriate measure for this type of crime.”138 69. On March 2, 2008, at 11:30 a.m., the Magistrate’s Court of Cacaopera ordered the detention of Manuela “for the statutory term of the inquiry” and called an initial hearing for the following day at 11 a.m.139 That same afternoon, Manuela was notified of the order.140 131 Cf. Record of arrest of February 28, 2008 (evidence file, folio 47). 132 Cf. Record of arrest of February 28, 2008 (evidence file, folio 47). Cf. Sworn statement of Manuela’s father on September 3, 2017 (evidence file, folio 2288), and Sworn statement of Manuela’s father on February 26, 2021 (evidence file, folio 3797). 133 134 Cf. Police record of appointment of a public defender of February 28, 2008 (evidence file, folio 49). Women and Children’s Unit of the Morazán Prosecution Service. Collaboration request of February 29, 2008 (evidence file, folio 55). 135 Cf. Communication issued by the director of the San Francisco Gotera National Hospital of February 29, 2008 (evidence file, folios 57 to 59). 136 Cf. Office of the Prosecutor General. Request for a formal investigation with provisional detention of February 29, 2008 (evidence file, folio 67). 137 Cf. Office of the Prosecutor General. Request for a formal investigation with provisional detention of February 29, 2008 (evidence file, folio 66). 138 Cf. Decision of the Magistrate’s Court of Cacaopera, department of Morazán, of March 2, 2008 (evidence file, folio 69). 139 140 Cf. Record prior to the statement by the detained defendant of March 2, 2008 (evidence file, folio 1835). 24