210. In brief, owing to the nature and seriousness of the facts, States are obliged to
conduct an investigation with the above-mentioned characteristics and to ensure that the
criminal responsibilities are determined by the competent judicial authorities, rigorously
meeting the requirements of due process established in Article 8 of the American
Convention. 251
211. The Court has also made it clear that, under the international jurisdiction, the parties
and the subject of the dispute are, by definition, different from those of the domestic
jurisdiction. 252 As it has indicated on other occasions, 253 when examining possible violations
of the rights established in Articles 8(1) and 25 of the American Convention, the Court has
powers, not to investigate and punish the individual conduct of the State’s agents, but to
establish the international responsibility of the State based on the alleged violation of the
said rights.
212. In the instant case, the State’s investigation of what happened to Mr. González
Medina was entrusted to two extrajudicial committees or boards composed of members of
the State’s security forces. In addition, in the criminal jurisdiction, an investigation was
conducted that lasted seven years and six months and more than four years and nine
months ago the investigation was reopened, and is still underway at this stage. These
investigations have not determined what happened to Mr. González Medina 17 years ago,
located his whereabouts, or determined any of those responsible.
213. To decide whether the Dominican Republic has complied with its obligation to
investigate effectively and in keeping with the guarantees of due process, the Court must
examine the domestic investigations, 254 conducted by the Investigating Court, the Review
Chamber, and the Public Prosecution Service (supra paras. 115 to 123), as of the date on
which the Dominican Republic accepted this Court’s jurisdiction, and verify whether they
have been an effective means to guarantee the rights of Mr. González Medina as well as an
effective remedy to ensure the rights of access to justice, truth and reparation of his family.
D) Background: investigations conducted by the Police Board and the Joint
Board
214. The Court observes that the first investigations conducted by the State into what
happened to Mr. González Medina began seven days after his wife filed a complaint (supra
paras. 102 and 108) and were conducted by a Police committee or board, established on the
orders of the Head of the Police, and composed of two colonels and a lieutenant (supra
para. 108). Three and a half years after the Police Board concluded its investigation a Joint
Board of the Armed Forces and the National Police was set up to investigate what had
happened to Mr. González Medina in response to a request of the President of the Republic
(supra para. 111). This Joint Board was composed of members of State security entities
251
Cf. Case of Huilca Tecse v. Peru, supra note 236, para. 106, and Case of Contreras et al. v. El Salvador,
supra note 51, para. 130.
252
Cf. Case of Cesti Hurtado. Preliminary objections. Judgment of January 26, 1999. Series C No. 49, para.
47, and Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Preliminary objections,
merits, reparations and costs. Judgment of November 24, 2006. Series C No. 158, para. 107.
253
Cf. Case of 19 Tradesmen v. Colombia. Merits, reparations and costs. Judgment of July 6, 2004. Series C
No. 109, para. 181, and Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs. Judgment
of March 1, 2005. Series C No. 120, para. 56.
254
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra note 246, para.
222, and Case of the Barrios Family v. Venezuela, supra note 77, para. 181.
68
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