27
119.
As previously pointed out, the State acknowledged, in the Commission’s presence, its
responsibility for the lack of due diligence in the investigation into the death of María Isabel Véliz Franco,
specifically by virtue of its failure to conduct certain forensic tests on the body, the unwarranted delay in
the investigation caused by the dispute over jurisdiction, and because no effective precautionary measure
was take to secure the presence of Osbel Airosa as a suspect in the murder.
120.
Even so, the State contends that it did follow up on the call made by an anonymous
informant who provided information on the murder. A search was conducted at the address given by the
anonymous informant and no mistake was made with respect to the address where the search was
conducted, since 6th Street 5-24 in Nueva Montserrat is located in zone 7 of the Municipality of Mixco and
is no longer part of zone 7 of the capital city to which it is adjacent. It also asserts that there was no delay
in conducting the first visual inspection of the vacant lot where the body of the alleged victim was found. It
asserts that three visual inspections were conducted, the first of which was on December 18, 2001, the
day after the anonymous phone call about the location of the body was received.
121.
Here, the IACHR observes that, as shown in the section on “established facts”, on July 8,
2003 a search was in fact conducted at the address to which the vehicle from which the victim’s body had
been removed, had supposedly driven. As this lead might have been an important one for solving this
case, the IACHR believes that the search should have been conducted immediately rather than a year
and a half after the body was discovered.
122.
As for the visual inspection, the IACHR has already gone over the mistakes the State
made during the first visual inspection, which caused it to miss valuable information that could never be
retrieved on subsequent inspections. As for the dispute over jurisdiction, inasmuch as the State has
acknowledged its responsibility in this regard, the Commission will not examine it further. Similarly,
because the State acknowledged responsibility with respect to its failure to take a precautionary measure
to secure the presence of a suspect, the IACHR will not examine this point either.
123.
While the State has taken and continues to take measures, it has not complied with its
obligation to act with due diligence to identify the persons responsible for the disappearance and murder
of María Isabel Véliz Franco. Thus, no one has been made to answer for this act of violence, which has
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the effect of creating a climate conducive to chronic recidivism of acts of violence against women.
124.
The IACHR has singled out the investigation as the critical phase in cases involving
violence against women and has written that the “importance of due investigation cannot be
overestimated, as deficiencies often prevent and/or obstruct further efforts to identify, prosecute and
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punish those responsible,” which is precisely what happened in the instant case.
Therefore, the
Commission observes that in this case, the State failed to comply with its obligation to investigate, with
the necessary diligence, the violations committed of María Isabel Véliz Franco’s human rights.
125.
Impunity with respect to human rights violations has been defined as “the overall lack of
investigation, tracking down, capture, prosecution and conviction of those responsible for violating the
rights protected by the American Convention.” The Inter-American Court has written that the State has
…continuation
148
I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 454. I/A Court H.R., Case of Loayza Tamayo. Reparations
(art. 63(1) American Convention on Human Rights). Judgment of November 27, 1998. Series C No. 42, paragraph 176, citing I/A
Court H.R., Case of the “White Van” (Paniagua Morales et al.). Judgment of March 8, 1998. Series C No. 37, paragraph 173.
149
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
Introduction, paragraph 38.