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that were conducted did not comply with the requirements in cases of victims of sexual violence
and/or torture; (iii) gynecological examinations were not performed and the Istanbul Protocol was
not applied immediately; (iv) gynecological care was not provided, even though the women had
reported being victims of sexual violence; (v) the women were subjected unnecessarily to revictimizing appraisals; (vi) the failure to take other measures was detrimental to the
investigation, and (vii) the items of evidence submitted by the victims were not processed.
285. It should be added that the Court has no evidence that these initial errors were rectified by
subsequent actions that would have resulted in determination of the facts and those responsible.
To the contrary, the Court notes that the initial lack of diligence caused significant prejudice to
the subsequent investigations. This is revealed by the fact that, owing to the evidentiary
difficulties, the State had to resort to investigating the responsibility by omission of the police
agents owing to the acts of torture committed against the women and, to date, it has not been
possible to identify the perpetrators of those crimes. Thus, even though progress has been made
in the said criminal actions based on omissions, they are not clarifying all the crimes, because the
initial flaws in the investigation in relation to gathering evidence has resulted in the impossibility
of identifying all the perpetrators. Consequently, the Court considers that the State’s argument
that the said initial flaws have been rectified is not admissible.
B.1.2 Presumed obstruction of the inquiries and access to the case files by the Public
Prosecution Service
286. The Commission and the representatives alleged that, by ordering the confidentiality of
preliminary inquiry 466/2006, the investigation and clarification of the facts at the state level
were obstructed. The representatives also considered that the investigation had been obstructed
at the federal level, because “despite the pro-active procedural activity of the women to ensure
that the facts were investigated, and the evidence of the perpetration of crimes of violence
against women by and linked to actions by federal agents,” the FEVIM waived jurisdiction in favor
of the PGJEM. Lastly, the representatives indicated that “access to the case file and, in general, to
details of the investigation were obstructed on various occasions,” explaining that they were
refused copies of the preliminary inquiry at the federal level, as well as access to the complete file
of the state inquiry. For its part, the State indicated that there was no obstruction, because the
waiver of jurisdiction was “in keeping with the law, authorized by the ranking superior [...] and
taking into consideration the body of evidence,” and indicated that it had made the case file
available to the victims when they requested this.
287. This Court has understood that, among other matters, the following constitute obstacles to
the progress of an investigation: coercion, intimidation or threats to witnesses, investigators or
judges aimed at hindering the process, avoiding the clarification of the facts, and concealing those
responsible for them; 384 irregularities and unjustified delays resulting from the competent
authorities’ lack of willingness and commitment to conduct the respective criminal proceedings; 385
lack of access of the victims, their next of kin or their representatives to the investigations and
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25, 2003. Series
C No. 101, para. 193, Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11,
2007. Series C No. 163, para. 170, Case of Kawas Fernández v. Honduras. Merits, reparations and costs. Judgment of
April 3, 2009. Series C No. 196, para. 107, Case of the Members of the Village of Chichupac and neighboring communities
of the municipality of Rabinal v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of November
30, 2016. Series C No. 328, para. 224, and Case of the Las Dos Erres Massacre v. Guatemala. Preliminary objection,
merits, reparations and costs. Judgment of November 24, 2009. Series C No. 211, para. 145.
384
385
116.
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No. 95, para.