97.
The Commission argued that, despite the proceedings initiated and the actions taken
by Mr. Flores Bedregal's relatives, at the time of issuing the Merits Report, the whereabouts
of Mr. Flores Bedregal's remains had not been determined, nor had the circumstances of his
disappearance or the exact place where he would have been taken after the assault been
clarified.
98.
The representative argued that the first investigative steps recorded are the
exhumations carried out in 1983, which were not part of any criminal proceedings. They
added that the ordinary criminal proceedings did not inquire on the forced disappearance of
Mr. Flores Bedregal. The facts of the case, the perpetrators, and the whereabouts of the
alleged victim were not specifically established.
99.
For its part, the State argued that technical visual inspections and expert
examinations have been carried out recently, since the search for the remains of Juan Carlos
Flores Bedregal continues.
B. Considerations of the Court
100. The Court recalls that the obligation to investigate human rights violations is among
the positive measures that States must adopt to guarantee the rights recognized in the
American Convention. 140 This obligation also stems from other inter-American instruments.
Indeed, in cases of forced disappearances, the obligation is reinforced by Article I(b) of the
ICFDP. Accordingly, in view of the particular seriousness of the forced disappearance of
persons and the nature of the violated rights, the prohibition of its commission and the
correlative duty to investigate and punish those responsible have reached the status of ius
cogens (supra para. 78).
101. The Court finds States’ compliance with their duty to investigate and punish serious
human rights violations—such as the ones in this case—not only constitutes an international
obligation, but also lays the groundwork essential for consolidating a comprehensive policy
on matters of law in terms of establishing the truth, access to justice, effective measures of
reparation, and guarantees of non-repetition. Thus, judicial processes aimed at clarifying what
happened in contexts of systematic human rights violations can provide a space for public
denunciation and accountability for the illegal acts committed; they build society’s trust in the
legal system and in the work of its authorities, legitimizing their actions; they allow for social
reconciliation processes that are based on knowledge of the truth of what happened and the
dignity of the victims; and, ultimately, they strengthen collective cohesion and the rule of
law. 141
102. In consideration of the allegations of the parties and the Commission, the Court will
rule on several relevant aspects regarding the investigation of the facts in the criminal
proceedings "Public Prosecutor v/ Franz Pizarro Solano et al." and will focus on the study of
the alleged violations in the following order: a) compliance with the obligation to investigate,
prosecute and, where appropriate, punish the forced disappearance of persons within a
reasonable time; (b) the definition of the offence of forced disappearance of persons and its
failure to apply to the specific case; search for the whereabouts or remains of Juan Carlos
Bedregal, and his family's right to know the truth.
140
Cf. Case of Velásquez-Rodríguez v. Honduras. Merits, supra, para. 166, and Case of the Julien Grisonas
Family v. Argentina, supra, para. 164.
141
Cf. Case of Julien Grisonas family v. Argentina, supra, para. 165.
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