REPORT No. 170/11 CASE 12,578 MARÍA ISABEL VÉLIZ FRANCO ET AL. MERITS GUATEMALA November 3, 2011 I. SUMMARY 1. On January 26, 2004, the Inter-American Commission on Human Rights (hereinafter the “Inter-American Commission” or the “IACHR”) received a petition that Rosa Elvira Franco Sandoval de Véliz, mother of the alleged victim, the Center for Justice and International Law (CEJIL) and the Red de No Violencia Contra Mujeres en Guatemala [Network to Combat Violence against Women in Guatemala] (hereinafter, jointly, “the petitioners”) lodged against the State of Guatemala (hereinafter “the State” or “the Guatemalan State”). The petitioners claim that the State is responsible for omissions, failings and irregularities in the investigation into the death of María Isabel Véliz Franco, age 15, who disappeared on December 17, 2001 in Guatemala City and was found dead the next day. 1 2. On October 21, 2006, the Commission approved admissibility report No. 92/06 wherein it concluded that it is competent to take the complaint and, based on the arguments of fact and of law and without prejudging the merits of the case, decided to declare the complaint admissible with respect to the alleged violation of articles 4, 8(1), 11, 19, 24 and 25 of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of María Isabel Véliz Franco, and the obligation recognized in Article 7 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (hereinafter the “Convention of Belém do Pará). The IACHR also concluded that the petition was admissible with respect to articles 5(1), 8(1), 11 and 25 of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of Rosa Elvira Franco Sandoval de Véliz. 3. The petitioners maintain that the Guatemalan State has demonstrated negligence with respect to the investigation into the death of María Isabel Véliz Franco which has prevented identification of those responsible for the crime and their prosecution and punishment, despite the fact that more than nine years have passed since the events occurred. They contend, therefore, that these failings in the investigation have allowed the crimes to go unpunished. 4. The Guatemalan State acknowledges responsibility to the IACHR for a failure to act with due diligence with respect to some procedures in the investigation into the case, but said that these were 2 the result of the State’s structural problems. It further maintains that while certain measures were not taken, others were. It asserts that the failure of the investigation to produce positive results has not been for lack of willingness on its part. The investigation is still ongoing and the case file remains active in order to identify the person or persons responsible. 5. In the present report, after examining the parties’ positions and the facts of the case, the IACHR, acting pursuant to Article 50 of the American Convention, concludes that the Guatemalan State violated the rights upheld in articles 4, 5 and 19 of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of María Isabel Véliz Franco; it also violated its obligation under Article 7 of the Convention of Belém do Pará, in relation to Article 24 of the American Convention, with respect to the general obligation to respect and ensure rights, set forth in Article 1(1). In this report, the IACHR concludes that the State violated the right recognized in Article 5(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of Rosa Elvira Franco Sandoval de Véliz (mother), Leonel Enrique Véliz Franco (brother), José Roberto Franco (brother), Cruz Elvira Sandoval Polanco de 1 Admissibility Report No. 92/06, Petition 95/04, María Isabel Véliz Franco (Guatemala), October 21, 2006. 2 IACHR, Hearing Minutes No. 5, Case 12.578, María Isabel Véliz Franco, Guatemala, March 20, 2009.