322. In Chapter X of this judgment, the Court declared the violation of the right to judicial
guarantees and to judicial protection owing to the absence of investigation, prosecution and
eventual punishment of those responsible for the facts. Taking this into account, as well as
its case law, the Court orders that the State must conduct an effective criminal investigation
into the facts of this case in order to elucidate them, determine the corresponding criminal
responsibilities, and apply the punishments and consequences established by law.405 This
obligation must be fulfilled within a reasonable time, observing the criteria for investigations
in this type of case,406 inter alia:
a)
The pertinent investigations must be conducted taking into consideration the
relationship between the different facts of the case, avoiding omissions in gathering
evidence and in following up on logical lines of investigation;
b)
The masterminds and perpetrators of the violations committed must be
identified and individualized. Due diligence in the investigation signifies that all the
competent State authorities are obliged to collaborate in gathering evidence and
must abstain from acts that obstruct the course of the investigative procedure, and
c)
The competent authorities must conduct the corresponding investigations ex
officio and to this end must have available and use all the logistic and scientific
resources necessary to gather and process the evidence; moreover the safety of the
persons who take part in the investigation, including the victims’ next of kin, the
witnesses and the agents of justice, must be duly guaranteed.
323. In addition, in accordance with its case law,407 and given the specific characteristics
of the case, the Court recalls that, in principle, the deprivation of the right to life constitutes
a grave violation of human rights and, as such, its investigation cannot be subject to
mechanisms such as amnesty to the benefit of the perpetrators, or to any other similar
provisions, such as the statute of limitations, non-retroactivity of criminal law, res judicata,
ne bis in idem, or any other similar means of waiving responsibility.
324. The Court, as it has also established in its case law,408 considers that the State must
ensure full access and capacity to act to the victims’ next of kin at all stages of the
investigation and prosecution of those responsible, in keeping with domestic law and the
provisions of the American Convention. Also, the results of the corresponding proceedings
must be publicized so that Venezuelan society is aware of the facts that are the purpose of
this case, as well as those responsible.
325. Lastly, as it has on other occasions,409 the Court orders that, pursuant to the
pertinent disciplinary provisions, the State must examine any possible investigative and
procedural irregularities related to the instant case and, as appropriate, the conduct of the
corresponding public servants.
405
Cf. Case of Velásquez Rodríguez, supra note 15, para. 174, and Case of Contreras et al. v. El Salvador.
Merits, reparations and costs. Judgment of August 31, 2011 Series C No. 232, para. 185.
406
Cf. Case of Manuel Cepeda Vargas, supra note 151, para. 216, and Case of Gomes Lund et al. (“Guerrilha
do Araguaia”), supra note 384, para. 256.
407
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41, and Case
of Vera Vera et al., supra note 39, para. 177.
408
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of Contreras et al., supra note 405, para. 187.
409
Cf. Case of the Dos Erres Massacre, supra note 59, para. 233(d), and Case of Contreras et al., supra note
405, para. 188
100
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