INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU March 5, 2014 Ref.: Case No. 12.777 Claudina I. Velásquez Paiz y otros Guatemala Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 12.777 Claudina I. Velásquez Paiz et al. v. Guatemala (hereinafter “the State”, “the Guatemalan State” or “Guatemala”) before the jurisdiction of the Honorable Inter-American Court of Human Rights. The present case concerns the Guatemalan State’s international responsibility for failure to comply with its duty to protect Claudina Isabel Velásquez Paiz. When she did not come home, her parents went to the authorities to file a complaint concerning her disappearance, but were unable to do so because they were told that they would have to wait 24 hours before reporting the disappearance. The State thus failed to take immediate and exhaustive measures to find and protect Claudina Isabel Velásquez Paiz within the first few hours of learning of her disappearance, even though the State authorities were aware of a milieu of violence against women that clearly placed the victim in imminent danger. The lifeless body of Claudina Isabel Velásquez Paiz was discovered the next day, August 13, 2005, bearing marks indicating that the victim had been subjected to extreme violence, including sexual violence. The Guatemalan State’s international responsibility was also incurred by virtue of the fact that it failed to conduct a serious investigation into the disappearance of Claudina Isabel Velásquez Paiz, the violence she suffered and her murder. The Commission found that from the outset, the investigation was riddled with problems, such as the mishandling and analysis of the evidence gathered; problems with managing and preserving the crime scene, and with the tests run on the evidence; irregularities in the autopsy report; a failure to do a thorough examination of various parts of the victim’s body to confirm a possible rape; irregularities in the fingerprinting of the victim, and the failure to take statements from important witnesses. The Commission also found that the considerable delay in the instant case was the fault of the State, caused mainly by a repeated reshuffling of the prosecutors assigned to the case; these changes were disruptive to the investigation; inquiries and proceedings were either not completed on time or were never examined by the new prosecutors assigned to the case. Mr. Pablo Saavedra Alessandri, Secretary Inter-American Court of Human Rights Apartado 6906-1000 San José, Costa Rica Anexos

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