240. This Court’s attention is also drawn to the fact that, in their decisions of 2001 and
2002, the domestic judicial organs failed to take into account or assess the elements
provided by the testimony given before the Investigating Court by an individual who worked
as a “police informer” of the Theft Department of the National Police (supra paras. 157 and
158). This deponent stated that he had seen Narciso González Medina, injured, in the
Homicide Department of this State entity in the early morning hours of May 27, 1994, and
had witnessed when he was taken from that place by two people, who he identified, in a
vehicle, whose license plate number he noted down, and that his home was searched and
he had been subjected to illegal detention presumably related to the information he
possessed about the case of Mr. González Medina.
241. Since this was an investigation of forced disappearance, the Court considers that, to
comply satisfactorily with the obligation to investigate, the State authorities should have
assessed, as a whole, the testimony given by several witnesses, as well as other probative
elements and indications that pointed to the fact that Narciso González Medina had been
detained in several State entities and that official documents had been lost, destroyed or
altered (supra para. 234), in order to investigate thoroughly what happened to Mr. González
Medina, rather than merely trying to determine whether there was sufficient evidence to
charge the three individuals considered suspects (supra paras. 117 and 119).
E.1.c) Domestic Legal Effects (Article 2 of the American Convention)
242. The Court will proceed to analyze the alleged violation of Article 2 of the Convention
(supra para. 199), because the alleged victims and their representatives are allowed to
invoke the violation of rights other than those included in the application, provided these
violations are related to the facts contained in the said document, because the alleged
victims possess all the rights embodied in the Convention. 275
243. Article 2 (Domestic Legal Effects) of the American Convention establishes the general
obligation of the States Parties to adapt their domestic law to the provisions of the
Convention in order to guarantee the rights embodied therein. The Court has established
that this obligation entails the adoption of measures of two kinds. On the one hand, the
elimination of norms and practices of any kind that involve the violation of the guarantees
established in the Convention. On the other hand, the enactment of laws and the
implementation of practices leading to the effective observance of the said guarantees. 276
244. Consequently, in compliance with the said Article 2, the State must ensure that the
application of the existing provisions of domestic law allow a satisfactory investigation of
forced disappearance to be conducted and, if they are insufficient, adopt the legislative,
administrative, judicial or other measures that will be effective to guarantee protection
against the said violation. It is incumbent on the State to adapt the functioning of its
institutions in order to guarantee an investigation of forced disappearance in all its
competent professionals, using the most appropriate procedures. Cf. Case of Juan Humberto Sánchez v. Honduras.
Preliminary objection, merits, reparations and costs. Judgment of June 7, 2003. Series C No. 99, para. 127, and
Case of the Barrios Family v. Venezuela, supra note 77, para. 235.
275
Cf. Case of Five Pensioners v. Peru. Merits, reparations and costs. Judgment of February 28, 2003. Series
C No. 98, para. 155, and Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs. Judgment of
October 13, 2011. Series C No. 234, para. 36.
276
Cf. Case of Five Pensioners v. Peru. Merits, reparations and costs. Judgment of February 28, 2003. Series
C No. 98, para. 155, and Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs. Judgment of
October 13, 2011. Series C No. 234, para. 36.
76
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