*
264. Based on all the above, the Inter-American Court concludes that the investigations
conducted by the Investigating Court, the Review Chamber, and the Public Prosecution
Service were neither diligent nor effective to determine the whereabouts of Mr. González
Medina, to establish what happened, and to identify and punish those responsible;
moreover, they did not respect the guarantee of a reasonable time. The Court also
concludes that the right of the family to have access to the file of the investigation reopened
in 2007 by the Public Prosecution Service was violated. In addition, the Court finds that the
State failed to comply with the obligation established in Article 2 of the American
Convention to adopt the necessary domestic provisions to guarantee the rights protected in
Articles 7, 5(1), 5(2), 4(1), and 3 of the American Convention to the detriment of Mr.
González Medina.
265.
Consequently, the State failed to comply with its obligation to guarantee the
rights embodied in Articles 7, 5(1), 5(2), 4(1) and 3 of the American Convention by
investigating the forced disappearance, in relation to Articles 1(1) and 2 thereof and to
Articles 1, 6 and 8 of the Inter-American Convention against Torture, to the detriment of
Narciso González Medina. In addition, the Court concludes that, owing to the absence of an
effective investigation into the facts, and the prosecution and punishment of those
responsible, the State violated the rights to judicial guarantees and to judicial protection
established in Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1)
thereof and to Articles 1, 6 and 8 of the Inter-American Convention against Torture, to the
detriment of Luz Altagracia Ramírez and of Ernesto, Rhina Yocasta, Jennie Rosanna and
Amaury, all González Ramírez.
266. Finally, regarding the alleged violation of Article 13 of the Convention in relation to
access to information, to the detriment of Mr. González Medina’s family, the Court analyzed
the alleged facts and the relevant arguments of the Commission and the representatives, in
accordance with its competence ratione temporis, when ruling on the violation of Articles
8(1) and 25(1) of the American Convention (supra paras. 233 to 236 and 250 to 254). The
Court refers back to its analysis of the facts relating to the incineration and possible lost and
alteration of official documents and their juridical consequences made in this chapter in
relation to the lack of due diligence in the investigation of what happened to Mr. González
Medina (supra paras. 233 to 236), as well as this Court’s ruling on the violation to the
detriment of his family owing to their lack of access to the case file of the investigation
reopened in 2007 (supra paras. 251 to 254). Likewise, the Court notes that, according to
the body of evidence, the proven fact regarding the incineration of documents (supra para.
124) and the alleged facts about a possible lost and alteration of documents do not involve
requests to state authorities for information by the family and, also, they would have
happened before the Dominican Republic recognized the Court’s jurisdiction. Therefore, it is
not incumbent on this Court to analyze them autonomously in order to determine whether
they constitute violations of Article 13 of the Convention to the detriment of Mr. González
Medina’s family.
IX
RIGHT TO PERSONAL INTEGRITY, IN RELATION TO THE OBLIGATION TO RESPECT
AND GUARANTEE THE RIGHTS OF NARCISO GONZÁLEZ MEDINA’S FAMILY
A) Arguments of the parties and of the Inter-American Commission
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