70
found.”294 On July 27, 2009, the Executive Secretary of the Municipal Fire
Department responded that his files did not contain any information on the incident
in question (supra footnote 190);295
e)
The initial procedures were reported inconsistently by the authorities. Thus, the
site inspection report indicates that the procedure ended at 4.15 p.m., but, according
to the PNC agents who went to the crime scene, the site inspection experts of the
Homicide Unit arrived at 3.20 p.m. Moreover, the record of the recovery of the
corpse indicates that it was taken to the morgue in police vehicle No. 16-045 at 3.45
p.m., after the procedure had been completed 296 (supra para. 97);
f)
The police report indicates that the objects found were handed over to the
Assistant Prosecutor of the Public Prosecution Service, but the record that she drew
up does not report what happened to them. Moreover, María Isabel’s clothes and a
transparent nylon bag, described in the record of the handing over of evidence, were
given to the girl’s mother and, on December 19, 2001, were collected from her at
the place where she was keeping vigil over her daughter’s body. The said objects
were packed up that same day, with nine identified pieces of evidence, and sent to
the laboratory of the Scientific and Technical Department of the Public Prosecution
Service (supra para. 110). However, subsequently, “a pair of denim trousers, two
towels and a pair of socks” were mislaid. On January 14, 2011, the prosecutor asked
that a thorough search be made to locate them; but, at least, up until July 2011,
they had not been found, and
g)
The autopsy does not include either the date or time of María Isabel’s death
and an interpretation of the autopsy was subsequently requested, in which it was
merely estimated that the time of death was “from six to twelve hours” (supra para.
111), without indicating whether this is prior to the discovery of the body, or prior to
the autopsy; and, according to the doctor who signed the autopsy, it was not
possible to determine “the time and manner in which [María Isabel] died” (supra
para. 111). In addition, no examinations were made to establish whether the child
had been subjected to sexual violence. 297 Expert witness José Mario Nájera Ochoa
stated that: “the description of the condition of the corpse [was] incomplete,” even
though it was indicated that the corpse had “signs of bites, there was no mention of
obtaining samples of these areas in order to carry out DNA testing,” 298 “there was no
information compatible with mechanical asphyxia,”299 and even though “remains of
food were found in the stomach, there was no record that these had been sent to the
laboratory.” He therefore concluded that, in this case, “the forensic examination was
deficient.” In this regard, the State indicated that, “[i]n 2001, the laws in force did
not establish guidelines or protocols for performing autopsies.”
197.
As revealed with regard to María Isabel’s clothes and the two towels, the chain of
294
Cf. Note issued by the Assistant Prosecutor of Agency No. 1 of the Mixco Municipal Prosecutor’s Office
addressed to the Head of the Municipal Fire Department of Guatemala City, supra.
295
Cf. Report of the Fire Department of July 27, 2009 (file of annexes to the motions and arguments brief,
annex 114, f. 12,646).
296
Cf. Note No. 1,131-2,001 issued by the Head of Sub-Station 1651 of the National Civil Police addressed to
the Assistant Prosecutor of the Public Prosecution Service of the municipality of Mixco, supra; Site inspection report
issued by an expert of the Site Inspection Section of the Bureau of Criminal Investigation of the National Civil
Police, supra, and Report on recovery of the corpse prepared by Assistant Prosecutor I of Mixco Agency No. 5,
supra.
297
As revealed by the facts, the tests were not requested and, when consulted, the respective forensic
physician stated that he had not performed them ex officio (supra para. 110).
298
299
Cf. Expert opinion provided by José Mario Nájera Ochoa, supra.
The expert witness stated that signs of asphyxia are mentioned among the conclusions, and the report on
recovery of the corpse indicates that it “[s]hows signs of strangulation with a black plastic cord around the neck.”
Cf. Expert opinion provided by José Mario Nájera Ochoa, supra.