223. In this regard, in his testimony, expert witness Federico Andreu Guzmán stated that
the different acts involved in forced disappearance “must be approached not as isolated and
independent unlawful acts, but as constituent elements of a greater crime, [… because
d]ealing with this series of lesser offenses in isolation and independently results in the
denial of their ratio essendi, namely, the perpetration of the crime of forced
disappearance.” 261
E.1) Investigation by the Investigating Court and the Santo Domingo
Review Chamber
224. The criminal investigation conducted by the Seventh Investigating Court of the
National District Circuit began in June 1995 and concluded with the second instance decision
issued by the Santo Domingo Review Chamber in December 2002, revoking the ruling
issued by the Investigating Judge declaring the absence of grounds to prosecute one of the
accused and confirming that ruling as regards the absence of grounds to prosecute the
other two accused (supra paras. 116 and 120). The Court has competence to rule on this
investigation as of March 25, 1999; in other words, with regard to the last three years and
nine months of the investigation.
225. During this investigation under the criminal jurisdiction only three people, who had
occupied senior positions in the State’s security forces at the time of Mr. González Medina’s
disappearance, were considered suspects (supra paras. 117 and 119). However, none of
them was charged when the investigation was ended by the Review Chamber. The
Investigating Judge in charge of the investigation had decided to press charges against the
person who had been the Armed Forces Secretary of State for the offense of illegal
detention, and to forward the investigation “to the criminal court” so that he could be tried.
However, this decision was revoked by the Santo Domingo Review Chamber because it
found that there was insufficient evidence to prosecute the said former Armed Forces
Secretary of State (supra para. 120). Regarding the criminal norms applied during the
investigation and in the said judicial decisions, the Court has verified that these were the
offenses of abduction, deprivation of liberty, homicide and criminal association, defined in a
law and in the Criminal Code and that forced disappearance is not defined as a crime in the
Dominican Republic.
226. From an analysis of the decisions issued by both judicial organs, it can be verified
that they did not understand the complexity of conducts that, accumulatively, allow the act
of forced disappearance to be constituted. These omissions and lack of understanding
resulted in the failure to follow logical lines of inquiry appropriate for a case of forced
disappearance, which resulted in the ineffectiveness of the investigation and the consequent
failure to identify and punish those who, in different ways, could have taken part in this
crime. Regarding the lack of due diligence in the investigation, the Court will now analyze
these two aspects and then rule on the alleged violation of Article 2 of the American
Convention because, in this case, it is related to this analysis of lack of due diligence.
E.1.a) Lack of due diligence in the integral investigation of the elements
that constitute forced disappearance
227. In this regard, it is worth noting the assertion of the Investigating Judge in his ruling
of August 24, 2001, when he stated that “in order to charge any individual, or those
261
Written summary of the expert opinion provided by Federico Andreu Guzmán during the public hearing
before the Court (merits file, tome IV, folio 1748, paras. 27 and 28).
71
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