amend article 320 of the Criminal Code. In addition to this initiative, there are other proposals to
amend this article, which are before the Justice and Human Rights Committee for discussion and
the issue of the subsequent opinion, and they will be discussed in the 2012-2013 legislative period.
The State added in this regard that, recently, Congress had approved the United Nations
International Convention for the Protection of All Persons from Enforced Disappearance. The State
mentioned that plenary decision 09-2009/CJ-116 contains parameters for jurisprudential
interpretation, but the criminal chambers do not have to follow them precisely. Lastly, the State
affirmed that amnesty laws Nos. 26,479 and 26,492 were not applied in the investigations
conducted into the events and no evidence has been provided that any of the supposed omissions
or the negligence denounced by the petitioners were justified by the fact that the amnesty laws
were in force; thus the reference to them has no purpose. The State concluded by indicating that it
considered that it was not responsible for the violation of the rights to judicial guarantees and
judicial protection of Jeremías Osorio Rivera and his next of kin, and asked the Court to declare
that it had not violated Articles 8 and 25 of the American Convention in relation to Articles 1 and 2
of this instrument and I and III of the Inter-American Convention on Forced Disappearance of
Persons.
B. Considerations of the Court
B.1. The obligation to investigate in cases of enforced disappearance
176. First, it is pertinent to recall that the systematic practice of enforced disappearance
supposes the disregard of the duty to organize the State apparatus in order to ensure the rights
recognized in the Convention, and that this produces the conditions of impunity so that this type of
act is repeated. 284 Hence, the importance that the State adopt all necessary measures to
investigate and punish those responsible, as appropriate; to establish the truth of what happened;
to locate the victims’ whereabouts and advise the family members, and also to provide fair and
adequate reparation, as appropriate.
177. The obligation to investigate human rights violations is one of the positive measures that
the State must adopt to ensure the rights recognized in the Convention. 285 Thus, as of its first
judgment, this Court has underscored the importance of the State’s obligation to investigate and to
punish human rights violations, 286 which acquires special importance in relation to the severity of
the crimes committed and the nature of the rights harmed. 287
178. This Court has considered that, once an enforced disappearance has occurred, it must be
considered an illegal act that may result in the imposing of punishment on whosoever commits,
instigates or conceals it, or in any way participates in its perpetration. Consequently, the Court has
considered that, whenever there are reasonable grounds to suspect that a person has been
subjected to enforced disappearance, a criminal investigation must be opened. 288 This obligation is
284
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 158, and Case of Contreras et al. v. El Salvador,
supra, para. 126.
285
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 166 and 176, and Case of Luna López v.
Honduras, supra, para. 153
286
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of the Massacres of El Mozote and
nearby places v. El Salvador. Merits, reparations and costs. Judgment of October 25, 2012. Series C No. 252, para. 127.
287
149.
Cf. Case of Goiburú et al. v. Paraguay, supra, para. 128, and Case of García Lucero et al. v. Chile, supra, para.
288
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs, supra, para. 65, and
Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 241.
66
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