250. In their final written arguments, in response to the request for helpful evidence, 277
the representatives indicated, inter alia, that the State had restricted the access of Narciso
González Medina’s family to the file of the investigation reopened in 2007. For its part, the
State indicated that it had provided Mr. González Medina’s family with “unrestricted access”
to all the information relating to the investigation, “except for information that could limit
the effectiveness of the investigation, because it has not yet concluded.” It specified that it
had not limited the right of the alleged victim’s family “apart from matters that could hinder
the investigation,” and that its action was “protected by the General Law on Free Access to
Public Information.”
251. The Court recalls that, in accordance with the right recognized in Article 8(1) of the
American Convention, in relation to Article 1(1) thereof, the States have the obligation to
guarantee the right of the victims or their family to take part in all stages of the respective
proceedings, so that they can make proposals, receive information, provide evidence,
formulate arguments and, in brief, assert their interests and rights. 278 The purpose of this
participation should be access to justice, learning the truth of what happened, and the
award of just reparation. 279 In this regard, the Court has established that domestic law must
organize the respective proceedings in accordance with the American Convention. 280
252. Although the State affirmed that the family had been given unrestricted access to the
investigation reopened in 2007, the Court notes that the Dominican Republic expressly
indicated that this access has been limited by supposed “procedural confidentiality.” In
addition, the Court notes that, in the proceedings before this Court, the State failed to
submit a copy of the corresponding file, despite the Court’s express request (supra paras.
11, 12 and 76 and footnote 15).
253. The Court has established that access to the case file is a requirement sine qua non
of the procedural intervention of the victim in any case in which he or she is an additional
party or complainant under domestic law. 281 Although the Court has considered it admissible
that, in certain cases, the measures taken during the preliminary investigation in the
criminal proceedings may be kept confidential in order to ensure the effectiveness of the
administration of justice, 282 this confidentiality may never be invoked to prevent the victim
from having access to the file of a criminal case. The State’s powers to avoid the
dissemination of the content of the proceedings, if appropriate, must be guaranteed by
taking measures that are compatible with the exercise of the victim’s procedural rights. 283
277
As helpful evidence (supra para. 11 and note 15), the Court asked the State and the presumed victims’
representatives to provide: “information on the access of Mr. González Medina’s family to the investigation and the
criminal proceedings before the National District Seventh Investigating Court and the Santo Domingo Review
Chamber, as well as the investigation reopened in 2007. In particular, the representatives were asked to indicate
what they know about the said reopening of the investigation.”
278
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra note 246, para.
227; and Case of Radilla Pacheco v. Mexico, supra note 50, para. 247.
279
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra note 246, para.
227; and Case of Radilla Pacheco v. Mexico, supra note 50, para. 247.
280
Cf. Case of Valle Jaramillo et al. v. Colombia, supra note 279, para. 233, and Case of Radilla Pacheco v.
Mexico, supra note 50, para. 247.
281
Cf. Case of Radilla Pacheco v. Mexico, supra note 50, para. 252.
282
Cf. Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of November 17, 2009.
Series C No. 206, para. 45, and Case of Radilla Pacheco v. Mexico, supra note 50, para. 252.
283
Cf. Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of November 17, 2009.
Series C No. 206, para. 45, and Case of Radilla Pacheco v. Mexico, supra note 50, para. 252.
78
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