66
this regard, the first stages of the investigation can be especially crucial in cases of the
gender-based murder of a woman, because any errors that occur in procedures such as the
autopsy and the collection and preservation of physical evidence can result in preventing or
obstructing the possibility of proving relevant aspects such as sexual violence. With regard
to the autopsies performed in a case of gender-based murder, the Court has stipulated that
the genitalia should be examined carefully for signs of sexual abuse, and oral, vaginal and
rectal fluids should be preserved, as well as foreign hairs and the pubic hair of the victim.272
Also, in cases where acts of violence against women are suspected, the criminal
investigation should include a gender perspective and be carried out by officials with
training in similar cases and in attending to victims of discrimination and gender-based
violence.273
189. In addition, the Court indicates that, pursuant to Article 2 of the American
Convention and Article 7(c) of the Convention of Belém do Pará, States have the obligation
to adopt laws or implement the necessary measures to allow the authorities to investigate
with due diligence in cases where violence against women is suspected.274
190. In this section, the Court will examine the following aspects: B.1) Irregularities
following the discovery of the body of María Isabel, and subsequent actions of State officials
(preservation of the crime scene, site inspection, removal of the body, chain of custody of
the evidence, autopsy, and expert appraisals); B.2) Tracing of telephone calls; B.3) Failure
to adopt precautionary measures for a suspect; B.4) Discrimination and absence of genderbased investigation, and B.5) Reasonable time.
B.1) Irregularities following the discovery of the body of María Isabel, and
subsequent actions of State officials (preservation of the crime scene, site
inspection, removal of the body, chain of custody of the evidence, autopsy and
expert appraisals)
191. On other occasions this Court has established that the proficient determination of the
truth, in accordance with the obligation to investigate a death, must be demonstrated
meticulously starting with the very first procedures. 275 Thus, the Court has described the
guiding principles that must be observed in an investigation into a violent death. The State
authorities who conduct an investigation of this type should try, at least to: (i) identify the
victim; (ii) recover and preserve the probative elements related to the death in order to
assist any potential criminal investigation of those responsible; (iii) identify possible
witnesses and obtain their statements concerning the death investigated; (iv) determine the
cause, manner, place and time of death, as well as any pattern or practice that may have
resulted in the death, and (v) distinguish between natural or accidental death, suicide and
murder. It is also necessary to carry out a thorough investigation of the scene of the crime,
and rigorous autopsies and analyses of human remains must be performed by competent
professionals, using the most appropriate procedures. 276 The Court has established that the
272
Cf. Case of González et al. (“Cotton Field”), supra, para. 310, and United Nations Manual on the Effective
Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions - Model Protocol for a Legal
Investigation of Extra-legal, Arbitrary and Summary Executions (Minnesota Protocol), UN Doc. E/ST/CSDHA/.12
(1991).
273
Cf. Case of González et al. (“Cotton Field”), supra, para. 455.
274
Cf. Case of González et al. (“Cotton Field”), supra, para. 388. This can be done by standardizing the
protocols, manuals, and expert and justice services, used to investigate any crime related to the disappearance,
sexual violence or murder of women, in keeping with the Istanbul Protocol, the United Nations Model Protocol for a
Legal Investigation of Extra-legal, Arbitrary and Summary Executions, and international standards for searching for
missing persons, based on a gender perspective.
275
Cf. Case of Servellón García et al. v. Honduras. Merits, reparations and costs. Judgment of September 21,
2006. Series C No. 152, para. 120; Case of González et al. (“Cotton Field”), supra, para. 300, and Case of Luna
López, supra, para. 159.
276
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, para. 127; Case of González et al. (“Cotton Field”), supra, para. 300,
and Case of Luna López, supra, footnote 256.