Velásquez Paiz et al. v. Guatemala

Key Judgment

Legal Relevance

Keywords: Guarantees of Non-Repetition | Obligation to Prevent | Systemic Practice | Right to Know the Truth | Effective Remedy | Duty to Investigate

Themes: Search | Persons and Groups Affected | Prevention | Justice and Truth

The Court determined that in the context of violence against women known to the State, the response of the State authorities was insufficient given the possibility that the personal integrity and life of the victim were in danger. The Court considered that the State did not demonstrate that it had implemented the necessary measures under the American Convention and the Convention of Belém do Pará. In particular, officials responsible for receiving reports of disappearances should have had the capacity and sensitivity to understand the seriousness of such reports in the context of violence against women; and the willingness and training to act immediately and effectively.

The Court also examined discrimination due to the application of stereotypes and the lack of a gender-sensitive perspective in the investigation. For the Court, there were three fundamental consequences of the lack of a gender focus in the criminal investigation:
1) The failure of the authorities to consider the circumstances before the death, when the evidence indicated the existence of an act of violence which occurred before the death.
2) The failure to consider the manner in which the death occurred, despite the evidence indicating the alleged commission of an act of violence which occurred after the death.
3) The failure to consider the possibility of sexual violence.
These investigative failings were seen by the Court as another form of violence perpetrated against the victims and their relatives.