to investigate and punish human rights violations,273 an obligation that acquires particular
importance given the seriousness of the crimes committed and the nature of the rights
harmed.274 Accordingly, in this case, which relates to grave human rights violations
committed in a context of massive and systematic violations, the obligation to investigate
cannot be ignored or made conditional on domestic legal provisions or decisions actions of
any kind.275
191. The Court recalls that, owing to the protection granted by Articles 8 and 25 of the
Convention, the States are obliged to provide effective judicial remedies to the victims of
human rights violations, which must be established in keeping with the rules of due process
of law.276 In addition, the Court has indicated that the right of access to justice must
ensure, within a reasonable time, the right of the presumed victims or their next of kin to
know the truth about what happened and that those eventually found responsible are
punished.277
192. Even though the Court has established that the obligation to investigate is one of
means, rather than results, this does not mean that the investigation can be undertaken as
“a simple formality predestined to be unsuccessful.”278 In this regard, the Court has
established that “every State decision that is part of the investigative process, as well as the
investigation as a whole, must be directed at a specific goal, the determination of the truth
and the investigation, pursuit, capture, prosecution and, as appropriate, punishment of
those responsible for the facts.”279 The investigation must be conducted using all available
legal means and must include the responsibility of both the perpetrators and the
masterminds, especially when State agents are or could be involved.280
193. In addition, this Court recalls that, in keeping 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 ensure the right of the victims or their next of kin to take part at all stages of
the respective proceedings, so that they can make proposals, receive information, provide
evidence, submit arguments and, in brief, assert their rights.281 This participation must be
designed to ensure access to justice, knowledge of the truth of what happened, and the
award of fair reparations.282 However, the effective search for the truth is the responsibility
273
Cf. Case of Velásquez Rodríguez, Merits, supra, para. 166, and Case of Contreras et al. v. El Salvador,
supra, para. 127.
274
Cf. Case of La Cantuta v. Peru, supra, para. 157, and Case of Contreras et al. v. El Salvador, supra, para.
127.
275
Cf. Case of Contreras et al. v. El Salvador, supra, para. 127.
276
Cf. Case of Velásquez Rodríguez v. Honduras, Merits, supra, para. 91, and Case of González Medina and
family members v. Dominican Republic, supra, para. 207.
277
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C
No. 100, para. 113, and Case of González Medina and family members v. Dominican Republic, supra, para. 255.
278
Case of Velásquez Rodríguez, Merits, supra, para. 177, and Case of Pacheco Teruel et al. v. Honduras,
supra, para. 129.
279
Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary objection, merits, reparations and
costs. Judgment of July 10, 2007. Series C No. 167, para. 131, and Case of Ibsen Cárdenas and Ibsen Peña v.
Bolivia, supra, para. 153.
280
Cf. Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, para.
143, and Case of González Medina and family members v. Dominican Republic, supra, para. 204.
281
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 246, and
Case of González Medina and family members v. Dominican Republic, supra, para. 251.
282
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 233, and Case of González Medina and family
members v. Dominican Republic, supra, para. 251.
71
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