must be necessary for a democratic society, meaning that it must be a measure proportional
to the satisfaction of the interest it seeks to achieve. 180
135. Although there is a general interest in safeguarding information related to national
security, the State must devise the means to provide information relevant to the clarification
of the forced disappearance of persons (infra para. 138). Likewise, restrictions on access to
information in the context of the investigation of a forced disappearance are contrary to the
right to the truth. As the UN Human Rights Council has pointed out, 181 the right to know the
truth about the whereabouts of the disappeared person should not be conditional on limitation
or suspension, nor should it yield to the invocation of legitimate purposes or exceptional
circumstances. Similarly, forced disappearance also causes anguish and pain to the
disappeared person's family, placing them on the threshold of cruel treatment and torture.
136. In these contexts, the right of access to information requires the active participation
of all the authorities involved. It is not enough to provide or allege the absence of information
to guarantee the right of access to information, but efforts to establish the whereabouts of
the victim must be exhausted. In this regard, declassification and access to documents of the
security forces is essential in order to ensure a transparent investigation.
137.
The Inter-American Court has also developed content on the right to know the truth
in cases of forced disappearance. Since the Case of Velásquez Rodríguez v. Honduras, and
throughout its case law, the Court has recognized the “relatives' right to know the fate of the
victims and, if they have been killed, the location of their remains." 182 As this Court has
stated, "everyone, including the relatives of victims of serious human rights violations, has
the right to know the truth [about them]," which implies that "they must be informed of
everything that happened in relation to said violations." 183 The right to truth is autonomous
and has a broad nature. Depending on the context and circumstances of the case, it may
relate to various rights recognized in the American Convention, 184 such as the rights to judicial
guarantees, and judicial protection, recognized by Articles 8 and 25 185 or the right of access
to information, protected by Article 13. 186
138. The Court deems that in cases of human rights violations, the State authorities cannot
resort to mechanisms such as official secret or confidentiality of the information, or reasons
of public interest or national security, to refuse to supply the information required by the
judicial or administrative authorities in charge of the ongoing investigation or proceeding, 187
and the parties must be included in these judicial and administrative proceedings. The state
180
Cf. Case of Claude Reyes v. Chile, supra, paras. 89-91, and Case of Moya Chacón et al. v. Costa Rica, supra,
paras. 71 and 72.
181
Cf. United Nations Human Rights Council "General Comments on the Declaration on the Protection of All
Persons from Enforced disappearance," Report of the Working Group on Enforced or Involuntary Disappearances,
2010. Document A/HRC/16/48, January 26, 2011, p.15, No. 4. See also Amicus Curiae prepared by the "Clínica
Jurídica de Libertades Informativas y Transparencia de la Universidad del Pacífico" [Legal Clinic of Information
Freedoms and Transparency of the University of the Pacific on the occasion of the Case of Flores Bedregal et al. v.]
Bolivia, January 29, 2021. Available at: https://clinicajuridica.up.edu.pe/wp-content/uploads/Amicus-CLI-UP-CasoFlores-Bedregal-Vs.-Bolivia-FINAL.pdf
182
Cf. Case of Velásquez-Rodríguez v. Honduras. Merits, supra, para. 181, and Case of Maidanik et al. v.
Uruguay, supra, para. 177.
183
Cf. Case of Trujillo Oroza v. Bolivia. Reparations and Costs. Judgment of February 27, 2002. Series No.
92, para. 100, and Case of Sales Pimenta v. Brazil, supra, para. 114.
184
Cf. Case of Trujillo Oroza v. Bolivia, supra, para. 101, and Case of Sales Pimenta v. Brazil, supra, para. 115.
185
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 181, and Case of Sales Pimenta v. Brazil,
supra, para. 115.
186
In this regard, the Court observed that the right to know the truth was related to an action filed by family
members to access certain information.
187
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, Reparations, and Costs. Judgment of November 25,
2003. Series C No. 101, para. 180, and Case of Movilla Galarcio et al. v. Colombia, supra, para. 159.
42