24
infringed and the seriousness of the crimes committed. 119 The Court has emphasized the
State’s duty to investigate attacks against personal integrity,120 as well as against life,121
including extrajudicial executions or massacres.122 The duty to investigate violations of
rights set out in the Convention may, in turn, arise from the norms of domestic law that
the State has adopted. In this case, it comes from domestic judgments that under the
criminal law of Guatemala actions were taken to “safeguard,” as ”legal rights,” those of
“life” and “personal integrity.”123 Therefore, there is no doubt that pursuant to the
Convention and to the domestic law, the State is obligated to investigate the deaths and
the harm to personal integrity stemming from the incident on October 5, 1995. The right
to access to justice of the alleged victims or their next of kin must ensure that, within a
reasonable time, everything is done to learn the truth of what occurred and to investigate,
prosecute and, where appropriate, punish those eventually found responsible. 124
80. In order to assess whether the foregoing has been observed, the Court is empowered,
under its supportive and ancillary jurisdiction, to examine the proceedings of a domestic
investigation125 in its various aspects, among them the jurisdiction of the intervening
authorities and the procedures followed. The latter, because it might contain flaws that
might have affected the investigation as a whole in a way that “as time passes, the
possibility of collecting and presenting evidence in order to clarify the facts and determine
the corresponding responsibilities is unduly limited.”126
81. Due diligence requires the investigatory body to conduct all the measures and
investigations necessary to achieve the result that is sought.127 In any event, it is not for
the Court to determine the specific measures and investigations that are necessary. The
Court has held that it is not its responsibility “to replace domestic jurisdiction by ordering
concrete methods or forms for investigating and judging a specific case in order to obtain
a better or more effective outcome; instead, its role is to find whether or not, in the steps
actually taken domestically, the State's international obligations […] have been
violated.”128 Therefore, “the procedures […] should be assessed overall”129 in order to
determine whether in the specific case the flaws and omissions had a decisive impact on
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166; Case of Vásquez Durand et al. v.
Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of February 15, 2017. Series C No.
332, para. 141.
120
Cf. Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
January 28, 2009. Series C No. 195, para. 358 and Case of the Members of the Village of Chichupac and
neighboring communities of the Municipality of Rabinal v. Guatemala, supra, para. 210.
121
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177 and Case of Acosta et al. v.
Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 25, 2017. Series C No.
334, para. 132.
122
Cf. Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, para.
143; Case of the Members of the Village of Chichupac and neighboring communities of the Municipality of
Rabinal v Guatemala, supra, para. 210 and Case of Favela Nova Brasilia v. Brazil. Preliminary Objections,
Merits, Reparations and Costs. Judgment of February 16, 2017. Series C No. 333, paras. 176 and 177.
123
Cf. Mixed Regional Chamber of the Court of Appeals of Cobán, Judgment of December 22, 2004, supra.
124
Cf. Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series
C No. 100, para. 114 and Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 150.
125
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, para. 222 and Case of Carvajal Carvajal et al. v. Colombia. Merits, Reparations and
Costs. Judgment of March 13, 2018. Series C No. 352., para. 117.
126
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, Reparations and Costs. Judgment of September
1, 2010. Series C No. 217, para. 172 and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 117.
127
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March 1, 2005.
Series C No. 120, para. 83 and Case of Amrhein et al. v. Costa Rica, supra, para. 461.
128
Cf. Case of Nogueira de Carvalho et al. v. Brazil. Preliminary Objections and Merits. Judgment of November 28,
2006. Series C No. 161, para. 80 and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 118.
129
Cf. Case of Castillo González et al. v. Venezuela. Merits. Judgment of November 27, 2012. Series C No.
256, para. 153 and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 118.
119