218. It should be recalled that the Court has emphasized that the prompt and immediate
actions of the judicial and legal authorities is essential, ordering opportune and necessary
measures to determine the victim’s whereabouts or the place where he or she may be
deprived of liberty. 257 The rights involved in the investigation render it obligatory to make
every effort in the measures that must be taken to comply with its objective, because the
passage of time bears a directly proportionate relationship to the constraints to – and, in
some cases, the impossibility of – obtaining evidence and/or testimony, complicating and
even making ineffective or useless, the implementation of probative measures to clarify the
facts investigated, identify the possible authors and participants, and determine the
eventual criminal responsibilities. 258
219. Even though, owing to its competence ratione temporis, the Court cannot derive
juridical consequences from the actions of the said boards, it is essential to mention that the
omissions in which these boards could have incurred conditioned or limited the subsequent
judicial investigation of the Public Prosecution Service. This could be particularly serious,
when it is considered that the Police Board was in charge of the investigation during the four
months following Mr. González Medina’s disappearance and that the investigation in the
criminal jurisdiction was only initiated one year after the disappearance had commenced.
E) Lack of due diligence in the investigations conducted by the Investigating
Court, the Review Chamber, and the Public Prosecution Service
220. The Court will examine the effectiveness of these investigations based, above all, on
verifying compliance with the obligation to investigate with due diligence. According to this
obligation, the organ that investigates a human rights violation must use all available means
to carry out, with a reasonable time, all those actions and inquiries required in order to try
and obtain the result sought. 259 This obligation to investigate with due diligence acquires
special intensity and significance in view of the seriousness of the crimes committed and the
nature of the rights violated. 260
221. This Court finds it appropriate to reiterate that, since this is a case of forced
disappearance, it is necessary to apply an integral perspective in the investigation of this
act, owing to the multiple conducts that, combined towards a single objective, violate
permanently while they subsist, rights protected by the Convention (supra para. 129). In
other words, the domestic organs must act with due diligence in an integral investigation of
the elements that constitute the forced disappearance (supra para. 128).
222. In this regard, the Court reiterates that the multiple violations and the permanent or
continuing nature of forced disappearance of persons have been consistent criteria of the
Court’s case law since its first cases in 1988, according to which, the act of disappearance
and its execution start with the person’s deprivation of liberty and the subsequent absence
of information about their fate, and subsists while the whereabouts of the disappeared
person are unknown or until their remains are identified with certainty (supra para. 50).
257
Cf. Case of Anzualdo Castro v. Peru, supra note 150, para. 134, and Case of Contreras et al. v. El
Salvador, supra note 51, para. 145.
258
Cf. Case of Heliodoro Portugal v. Panama, supra note 59, para. 150, and Case of Contreras et al. v. El
Salvador, supra note 51, para. 145.
259
Cf. Case of Gómez Palomino v. Peru, supra note 153, para. 80, and Case of the La Rochela Massacre v.
Colombia. Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 163, para. 156.
260
Cf. Case of La Cantuta v. Peru. Merits, reparations and costs. Judgment of November 29, 2006. Series C
No. 162, para. 157, and Case of the La Rochela Massacre v. Colombia, supra note 259, para. 156.
70
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