c) Identify and individualize the masterminds and perpetrators of the victim’s forced
disappearance.
d) Ensure that the competent authorities conduct the corresponding investigations
ex officio, and, to this end, that they have and use all the necessary scientific and
logistic resources to collect and process the evidence and, in particular, that they
have the authority to access the pertinent documentation and information to
investigate the facts denounced, and to take those actions and make those
inquiries promptly that are essential to clarify what happened to the disappeared
person in this case;
e) Since this case relates to a grave violation of human rights, and taking into
consideration the continuing or permanent nature of forced disappearance the
effects of which do not cease until the fate or whereabouts of the victim are
established or his remains are identified, the State must abstain from using
mechanisms such as amnesty to benefit the authors, or any other similar
provision, such as prescription, non-retroactivity of the criminal law, res judicata,
ne bis in idem or any similar grounds for exemption of responsibility to avoid this
obligation, 317 and
f)
Guarantee that the investigation into the facts that constitute
disappearance in this case always remain in the ordinary jurisdiction.
forced
286. The State must ensure full access and capacity to act to the victims or their family at
all stages of the investigation and prosecution of those responsible, which includes access to
the case file (supra paras. 251 to 254). The purpose of this participation must be access to
justice, knowledge of the truth of what happened, and the award of just reparation. In
addition, the results of the corresponding proceedings must be published so that Dominican
society can know the facts that are the purpose of this case, as well as the identity of those
who were responsible. 318
B.2) Determination of the whereabouts of Narciso González Medina
287. The Commission and the representatives asked the Court to order the State to
conduct an impartial, diligent and effective investigation into the fate or whereabouts of
Narciso González Medina. Moreover, the representatives asked that, should he be deceased,
his mortal remains be identified, either during the criminal investigation or by another
adequate and effective procedure. In addition, if his mortal remains are found, they asked
that: (a) they be delivered to his family as soon as possible, “after DNA testing with positive
results,” without any cost and covering the burial expenses, and (b) the family be provided
with the required medical and psychological care.
288. In this case, it has been established that the whereabouts of Narciso González
Medina remain unknown, so that he continues to be disappeared. The Court underscores
that the victim disappeared 17 years and nine months ago, so it is reasonable that his
317
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41, and Case
of Contreras et al. v. El Salvador, supra note 51, para. 185.d).
318
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of Contreras et al. v. El Salvador, supra note 51, para. 187.
87
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