Prosecutor of the Social Impact Homicide Unit sent a second request to the Regional Director of Forensic
Medicine, asking that the report and photographs of the autopsy prepared by Dr. Rosales be sent as a matter of
urgency.81 In a reasoned decision of that same date, the Office of the Prosecutor for Crimes against Life refused
the request of the lawyer Romero for a photocopy of the record, saying that the case was under investigation
and, therefore, “it would jeopardize the investigation.” 82 On October 30, 2013, the lawyer Romero again
requested the Special Prosecutor for Crimes against Life for a record of the investigation as the hierarchical
superior.83 On that same date, she formally requested the same prosecutor to locate the autopsy report in the
Vicky Hernández case and include it in the record of the investigation.84
39.
On November 4, 2013, a criminal investigation analyst at the Sexual Diversity and Social
Impact Homicide Unit prepared a report for the prosecutor of the Sexual Diversity and Social Impact Homicide
Unit on the steps taken in the investigation, saying that several calls had been made to the telephone number
of Vicky's mother but that the person who answered provided no information about her.85 The IACHR notes
that the petitioners said that Mrs. Rosa Argelia is still living at the address provided in the record of the
investigation.86 In a procedure report of that same date, the Office of the Prosecutor for Crimes against Life
indicated that it had attempted to make telephone calls to Oscar Almendazez, the Episcopal Ministry, and
Unidad Color Rosa but that all the numbers had sounded “disconnected.”87
40.
On November 12, 2013, the Social Impact Homicide Unit Sent the record to the Special Unit
for Crimes against Life Examination.88 On November 20, 2013, in a reasoned decision, the special prosecutor of
the Crimes against Life Prosecution Unit recognized the mother's right to obtain a copy of the record.89
41.
In March 2015, the lawyer Romero had another opportunity to examine the record and found
that there was no evidence that the authorities were continuing to conduct investigative procedures.90 She also
noted that the following documents had not been incorporated into the record: (i) the autopsy report, (ii) the
note dated October 18, 2013, from the Forensic Medicine Service to the Office of the Special Prosecutor for
Crimes against Life, informing that said autopsy "was sent to the Homicide prosecution unit on July 13, 2013,"
and (iii) the requests submitted by her on October 17 and 30, 2013.91 Accordingly, on March 12, 2015, the Ms.
Romero reiterated the formal request that the autopsy report be included in the record.92
42.
The petitioners said that subsequently, on February 22 and March 2, 2017, formal requests
were submitted by the representatives of Rosa Argelia to be given access to an updated copy of the record but
that the State has systematically refused to allow them access to it.93 The state argued that “private citizens
cannot be allowed access to investigative procedures because they may hinder them.”94 The State said that on
September 13, 2017, a request was made to the "Evidence Warehouse for a report on the exhibits collected at
Annex 20. Investigation Record 1057-09 presented on November 20, 2013, Official letter 322-13, Social Impact Homicide Unit
Prosecutor, October 28, 2013. Appended to the petitioners’ brief of April 1, 2015.
82 Annex 21. Investigation Record 1057-09 presented on November 20, 2013, Reason decision, Office of the Prosecutor for Crimes against
Life, October 28, 2013. Appended to the petitioners’ brief of April 1, 2015.
83 Annex 22. Investigation Record 1057-09 presented on November 20, 2013, Request for a copy of record 1057-09 by the lawyer Rita
Romero, October 30, 2013. Appended to the petitioners’ brief of April 1, 2015.
84 Annex 23, Request to the Office of the Special Prosecutor for Crimes against Life, October 30, 2013. Appended to the petitioners’ brief of
April 1, 2015.
85 Annex 24. Investigation Record 1057-09 presented on November 20, 2013, Report, Office of the Special Prosecutor for Crimes against
Life UEMIS, November 4, 2013. Appended to the petitioners’ brief of April 1, 2015.
86 Petitioners’ brief of April 21, 2017.
87 Annex 25. Investigation Record 1057-09 presented on November 20, 2013, Procedure report, Office of the Special Prosecutor for Crimes
against Life, November 4, 2013. Appended to the petitioners’ brief of April 1, 2015.
88 Annex 26. Investigation Record 1057-09 presented on November 20, 2013, Memorandum No. 80-13, Social Impact Homicide Unit,
November 12, 2013. Appended to the petitioners’ brief of April 1, 2015.
89 Annex 27. Investigation Record 1057-09 presented on November 20, 2013, Reason decision, Office of the Head of the Crimes against Life
Prosecution Unit, November 20, 2013. Appended to the petitioners’ brief of April 1, 2015.
90 Annex 28. Reiteration of the request of October 30, 2013, March 12, 2015. Appended to the petitioners’ brief of April 1, 2015.
91 Annex 28. Reiteration of the request of October 30, 2013, March 12, 2015. Appended to the petitioners’ brief of April 1, 2015.
92 Annex 28, Reiteration of the request of October 30, 2013, March 12, 2015. Appended to the petitioners’ brief of April 1, 2015.
93 Petitioners’ brief of April 21, 2017.
94 State's brief of November 3, 2017.
81