obligation to investigate any report or justified reason to believe that torture or cruel,
inhuman or degrading treatment has been committed.
206. Furthermore, the Court has observed that this obligation to investigate remains in
effect “whatsoever the identity of the agent to whom the violation may eventually be
attributed, even private individuals, because, if their acts are not investigated seriously,
they would, to a certain extent, be supported by the public authorities, which would involve
the international responsibility of the State. 244
207. The Court also recalls that, based on the protection granted by Articles 8 and 25 of
the Convention, States are obliged to provide effective judicial remedies to the victims of
human rights violations, which must be substantiated in accordance with the rules of due
process of law. 245 The Court has also indicated that, from Article 8 of the Convention, it is
evident that the victims of human rights violations, or their family, must have ample
possibilities of being heard and acting in the respective proceedings, both to try and clarify
the facts and to punish those responsible, as well as to seek due reparation. 246
208. In keeping with this Court’s case law, the family of the victims have the right to, and
the States have the obligation to ensure, an effective investigation into what happened to
the latter by the State authorities; that a trial be held against those allegedly responsible for
the unlawful acts; that the pertinent punishments be imposed, as appropriate, and that the
damage that the family has suffered be repaired. 247 In addition, the Court reiterates that, in
cases of forced disappearance, the purpose of which includes the prevention of the exercise
of the pertinent legal remedies and procedural guarantees, if the victim himself cannot
accede to the available remedies, it is essential that the family or other next of kin can
accede to prompt and effective judicial remedies or procedures as a means of determining
the victim’s whereabouts or state of health, or to identify the authority who ordered or
carried out the deprivation of liberty. 248
209. In addition, in cases of forced disappearance, the investigation will have certain
specific connotations that arise from the nature and complexity of the act investigated; in
other words, the investigation must include taking all the necessary measures to determine
the victim’s fate and whereabouts. 249 The Court has already clarified that the obligation to
investigate facts of this nature subsists while the uncertainty remains about the final fate of
the disappeared person, because the right of the victim’s family to know his fate and, if
applicable, the location of his remains, represents a justified expectation that the State
must satisfy with all the means available to it. 250
244
Case of Velásquez Rodríguez v. Honduras. Merits, supra note 18, para. 177, and also cf. Case of the
Barrios Family v. Venezuela, supra note 77, para. 177.
245
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 18, para. 91, and Case of Fleury et al. v.
Haiti, supra note 67, para. 105.
246
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, para. 227, and Case of the Barrios Family v. Venezuela, supra note 77, para. 178.
247
Cf. Case of Durand and Ugarte. Merits. Judgment of August 16, 2000. Series C No. 68, para. 130, and
Case of the Barrios Family v. Venezuela, supra note 77, para. 179.
248
Cf. Case of Anzualdo Castro v. Peru, supra note 150, para. 64, and Case of Torres
Millacura et al. v. Argentina, supra note 52, para. 114.
249
Cf. Case of Ticona Estrada v. Bolivia, supra note 239, para. 80, and Case of Contreras et al. v. El Salvador,
supra note 51, para. 129.
250
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 18, para. 181, and Case of Contreras et
al. v. El Salvador, supra note 51, para. 129.
67
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