4
17.
As for the family of Claudina Isabel, they contend that it has encountered a justice
system that has done everything it could to make them desist in their efforts to find the guilty
parties. Since the start of the investigation, they report that the family of the alleged victim has
been subjected to a secondary victimization: first, when the agents of the Public Ministry went to
the funeral chapel to take the victim’s fingerprints, while the family was maintaining its vigil over
the remains of Claudina Isabel Velásquez; and subsequently, when the family was subjected to the
indifference, contempt, and lack of interest of prosecutors and officials involved in the case, as a
result of which they were forced to give the same facts countless times.
18.
With regard to the exhaustion of domestic remedies, they allege that a number of
years have gone by since the murder of Claudina Isabel Velásquez and the case continues to be in
the investigative stage. Despite the family’s efforts, and especially those of her father, who
became a co-complainant in the case, they report that there is no interest in conducting an
investigation or in determining the perpetrators of the crime. For these reasons, they argue that the
rule of prior exhaustion of domestic remedies is not applicable, by virtue of Article 46.2 of the
American Convention.
B.
The State
19.
The State alleges that the death of Claudina Isabel Velásquez occurred on Saturday
August 13, 2005, between 2:12 am and 5:00 am, based on a call made to the 110 number of the
National Civilian Police reporting a possible rape, and on the statement of Mrs. Concepción de María
Méndez, who reported that she had heard a shot fired outside her residence, in front of the place
where the body later identified as Claudina Isabel Velásquez Paiz was found. At 5:00 am, her body
was discovered with a bullet wound in the left frontal region of the cranium, on 10ª Avenida, in
front of 8-87 “A” Roosevelt neighborhood, zone 11, of the capital.
20.
Between the time of the disappearance and death of Claudina Velásquez and now,
the State reports that various steps have been taken by the Public Ministry and different lines of
investigation have been followed. The State maintains that the Public Ministry performed its proper
functions from the time it first learned of the death of Claudina Isabel Velásquez. The judicial
assistants who discovered the murder in 2005 took urgent steps to collect evidence, steps “that
were not welcomed by the Velásquez Paiz family, and so the judicial assistants were punished
accordingly.”
21.
It indicates that among the activities carried out by the Presidential Commission
coordinating the Executive Policy on Human Rights, COPREDEH, it met with the prosecutor’s office
in charge of the case and determined the procedures carried out, checking the evidentiary
documents sent by Mr. Velásquez, and that the prosecutor stated that since he had learned of the
death, the investigation had been constantly moving forward and was now at a key stage involving
the filing of charges as part of a domestic criminal proceeding. 1
22.
It alleges that there are investigative activities that cannot be mentioned, since they
would slow down the investigation being conducted by the prosecution. However, the steps taken
by the Public Ministry so far demonstrate the State’s interest and the line of investigation pursued
to identify the principal perpetrators of the death of Claudina Isabel Velásquez, and these activities
are reported to Jorge Rolando Velásquez on a monthly basis.
23.
With regard to the issue of exhaustion of domestic remedies, the State argues that
domestic remedies have not been exhausted, and consequently the petition should be declared
inadmissible. The State argues that the criminal investigation is still under way.
1
Communication of the State dated May 17, 2010.