37
141. The Court has also ruled that “the conduct of an effective investigation is a
fundamental and conditioning element for the protection of certain rights that are otherwise affected
or annulled by those situations, such as the right to life, personal liberty and personal integrity.” 146
142. The Commission has stated that these provisions enshrine the obligation of the State
to ensure access to justice with guarantees of legality, independence and impartiality within a
reasonable time, as well as the general obligation to provide an effective judicial remedy to any
violation of fundamental rights, observing the principle of effectiveness of procedural instruments or
mechanisms. 147
143.
The Inter-American Court, for its part, has found that
under the the American Convention, States Parties have an obligation to provide effective
judicial remedies to victims of human rights violations (Article 25), remedies that must be
substantiated in accordance with the rules of due process of law (Article 8(1)), all in keeping
with the general obligation of such States to guarantee the free and full exercise of the rights
recognized by the Convention to all persons subject to their jurisdiction (Article 1(1)). 148
144. By the same token, the Court has ruled that victims and their next of kin have the
right to expect, and the States the obligation to ensure, that what befell the alleged victims will be
investigated effectively by the State authorities; that proceedings will be filed against those
allegedly responsible for the unlawful acts; and, if applicable, the pertinent penalties will be
imposed, and the losses suffered by the next of kin repaired. 149 Based on the foregoing, once state
authorities have knowledge of a violation of human rights, in particular of the rights to life, humane
treatment, and personal liberty, 150 they should initiate a serious, impartial and effective
investigation, ex oficio and without delay, 151 which should be carried out within a reasonable
time. 152
145. As regards reasonableness of time, the Court has found that the right of access to
justice goes beyond the processing of domestic proceedings, but that the investigation should be
undertaken utilizing all the legal means available and should be oriented toward the determination of
146
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C,
No. 140, par. 145.
147
IACHR. Application of the Inter-American Commission on Human Rights. Case of Jesús María Valle Jaramillo v.
Colombia, February 13, 2007, par. 118.
148
287.
I/A Court H.R., Case of the Ituango Massacres v. Colombia. Judgment of July 1, 2006. Series C, No. 148, par.
149
I/A Court H.R., Case of García-Prieto et al. v. El Salvador. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 20, 2007. Series C, No. 168, par. 103; I/A Court H.R., Case of Bulacio v. Argentina. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of September 18, 2003. Series C, No. 100, par. 114; and I/A Court
H.R., Case of the Miguel Castro-Castro Prison v. Peru. Judgment of November 25, 2006. Series C, No. 160, par. 382.
I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Preliminary Objections, Merits,
Reparations and Costs. Judgment of July 10, 2007. Series C, No. 167, par. 100.
150
151
I/A Court H.R., Case of García-Prieto et al. v. El Salvador. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 20, 2007. Series C, No. 168, par. 101; I/A Court H.R., Case of the Gómez Paquiyauri Brothers v.
Peru. Judgment of July 8, 2004. Series C, No. 110, pars. 146; I/A Court H.R., Case of Cantoral-Huamaní and García-Santa
Cruz v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C, No. 167, par.
130.
I/A Court H.R., Case of Bulacio v. Argentina. Judgment of September 18, 2003. Series C, No. 100, par. 114;
I/A Court H.R., Case of the Rochela Massacre v. Colombia. Judgment of May 11, 2007. Series C No. 163, par. 146; I/A
Court H.R., Case of the Miguel Castro-Castro Prison v. Peru. Judgment of November 25, 2006. Series C, No. 160, par. 382.
152