a)
Based on the gravity of the facts, it may not apply amnesty laws or argue
prescription, the non-retroactivity of criminal laws, res judicata, or the non bis in
idem principle, or any other similar mechanism that excludes responsibility, in order
to waive its obligation to investigate and prosecute those responsible;331
b)
It must investigate the facts of this case ex officio and effectively, taking into
account the systematic pattern of grave and massive human rights violations that
existed at the time they occurred. In addition to the violation of the right to life, the
State must consider other possible grave violations of the right to personal integrity
and to personal liberty, in particular the presumed acts of forced disappearance,
torture, extrajudicial execution, rape, slavery and involuntary servitude, taking into
account also the differentiated impact of the alleged violations on the children and
women of the community of Río Negro.332 The State must also execute the pending
arrest warrants for those presumably responsible and issue any that are pertinent in
order to prosecute all those responsible for the facts of this case;
c)
It must determine the identity of all the alleged masterminds and
perpetrators of the massacres and the subsequent persecution of the members of
the community of Río Negro; consequently, is must conclude the criminal
proceedings opened against them, and proceed to investigate the presumed authors
who have not yet been identified. Due diligence in the investigation means that all
the State authorities are obliged to collaborate in the gathering of evidence; thus
they must provide the judge of the case with all the information that he requests
and abstain from acts that obstruct the investigative process;
d)
It must open the disciplinary, administrative or criminal actions, under its
domestic legislation, against those State authorities who have possibly obstructed
or prevented the due investigation of the facts, as well as those responsible for the
different procedural irregularities that have contributed to prolonging the impunity
of the massacres, and
e)
It must ensure that the different organs of the justice system involved in the
case have the necessary human and material resources to perform their tasks
adequately, independently and impartially, and that those who participate in the
investigation, including the victims or their representatives, witnesses, and justice
officials, are granted adequate guarantees as regards their safety.
258. In accordance with its consistent case law,333 the Court considers that the State
must ensure full access and legal standing to the victims or their next of kin at all the
stages of the investigation and prosecution of those responsible, in keeping with domestic
law and the provisions of the American Convention. In addition, the results of the
331
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41, and Case
of González Medina and family members v. Dominican Republic, supra, para. 285(e).
332
Cf. Case of the Dos Erres Massacre v. Guatemala, supra, para. 233(b). In its General Recommendation
No. 19: “Violence against women,” the Committee for the Elimination of Discrimination against Women established
that States are required to adopt protective and punitive measures. It also recommended that laws against
violence respect the integrity and dignity of all women, and that States provide protection for victims, as well as
encourage research on the causes and effects of violence and on the effectiveness of measures to prevent and deal
with violence, and provide effective procedures for reparation, including compensation.
333
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of Pacheco Teruel et al. v. Honduras, supra, para. 130.
89
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