65
victims or their next of kin to file complaints or submit claims, evidence or petitions or take
any other step in order to play a procedural role in the criminal investigation to establish the
truth of the events.263
185. The Court recalls that, in cases of violence against women, the general obligations
established in Articles 8 and 25 of the American Convention are supplemented and
enhanced for those States that are a party to it by the obligations arising from the specific
inter-American treaty, the Convention of Belém do Pará.264 Article 7(b) of this Convention
specifically obliges the States parties to use due diligence to prevent, punish and eradicate
violence against women.265 Article 7(c) of the Convention of Belém do Pará obliges the
States parties to adopt the necessary laws to investigate and punish violence against
women.266 In such cases, the State authorities should open a genuine, impartial and
effective investigation ex officio as soon as they are made aware of acts that constitute
violence against women, including sexual violence. 267 Thus, in the case of an act of violence
against a woman, it is particularly important that the authorities in charge of the
investigation conduct it in a determined and effective manner, taking into account society’s
duty to reject violence against women and the State’s obligation to eradicate this and to
ensure that victims have confidence in the State institutions established to protect them. 268
186. The Court has also indicated that the duty to investigate has additional implications
in the case of women who are killed or suffer ill-treatment or constraint of their personal
liberty within the framework of a general context of violence against women. 269
187. This standard is wholly applicable when analyzing the scope of the obligation of due
diligence in the investigation of cases of gender-based violence.270 In practice, it is often
difficult to prove that a murder or act of violent aggression against a woman is genderbased. At times this impossibility stems from the absence of a thorough and effective
investigation of the violent incident and its causes by the authorities. This is why the State
authorities are bound to investigate ex officio the possible gender-based discriminatory
connotations of an act of violence perpetrated against a woman, especially when there are
specific indications of sexual violence or some type of evidence of cruelty towards the body
of the woman (for example, mutilations), or when such an act takes place in a context of
violence against women in a specific country or region.
188. Furthermore, the Court has established that, in cases when gender-based murder is
suspected, the State’s obligation to investigate with due diligence includes the duty to
order, ex officio, the pertinent expert appraisals and examinations aimed at verifying
whether the murder was sexually motivated or whether some kind of sexual violence
occurred. Thus, the investigation into a supposed gender-based murder should not be
limited to the death of the victim, but should include other specific violations of personal
integrity such as torture and acts of sexual violence. In a criminal investigation into sexual
violence, the investigative procedures must be coordinated and documented, and the
evidence handled diligently, taking sufficient samples, performing tests to determine the
possible authors of the act, obtaining other evidence such as the victim’s clothes, the
immediate inspection of the crime scene, and ensuring the correct chain of custody. 271 In
263
Cf. Case of García Prieto et al., supra, para. 104, and Case of Mendoza et al., supra, para. 217.
264
Cf. Case of Fernández Ortega et al., supra, para. 193, and Case of the Massacres of El Mozote and nearby
places, supra, para. 243.
265
Cf. Case of Fernández Ortega et al., supra, para. 193, and Case of J., supra, para. 350.
266
Cf. Case of the Miguel Castro Castro Prison, supra, para. 344, and Case of González et al. (“Cotton Field”),
supra, para. 287.
267
Cf. Case of the Miguel Castro Castro Prison, supra, para. 378, and Case of J., supra, para. 342.
268
Cf. Case of Fernández Ortega et al., supra, para. 193, and Case of J., supra, para. 342.
269
Cf. Case of González et al. (“Cotton Field”), supra, para. 293.
270
Cf. Case of González et al. (“Cotton Field”), supra, para. 293.
271
Cf. Case of Fernández Ortega et al., supra, para. 194, and Case of J., supra, para. 344.