the State be ordered “[t]o strengthen the capacity of the judicial branch to investigate the
facts adequately and efficiently and to punish those responsible, [providing] the necessary
materials and technical resources to ensure that the proceedings are conducted properly.”
255. The representatives asked the Court to order the investigation, prosecution and
eventual punishment of the masterminds and perpetrators of the human rights violations
committed during the Río Negro massacres, and of the execution of Evaristo Osorio
Sánchez and Valeriano Osorio Chen. In addition, they described some criteria for these
investigations,328 and asked the Court to order that the arrest warrant against retired
colonel José Antonio Solares González be executed.
256. In this regard, the State undertook “to continue facilitating the criminal
investigation in this case […]” and “to expedite the capture” of retired colonel José Antonio
Solares González. It also undertook “to initiate the investigations into the facts that remain
to be investigated,” and “to make arrangements with the Witness Protection Program of
the Public Prosecutors’ Office in order to ensure the personal integrity of those involved in
the criminal investigation in this case” who accept the protection offered by the said
program, and “to publish in the Diario Oficial de Centroamérica [the official gazette] the
results of the criminal proceedings that are held […].” In addition, the State declared that it
had “taken specific measures to strengthen the system of justice” through the National
Justice Commission.
B.1.2.
Considerations of the Court
257. The Court appreciates the State’s willingness to facilitate the criminal investigation
in the instant case. However, taking into account the conclusions indicated in Chapter XII
of this Judgment, the Court stipulates that the State must remove all obstacles, de facto
and de jure, that maintain impunity in this case,329 and initiate, continue, facilitate, or reopen the necessary investigations to determine and, as appropriate, punish all those
responsible for the human rights violations perpetrated during and after the five massacres
that are the purpose of this case. The State must expedite, re-open, direct, continue and
conclude, within a reasonable time, the pertinent investigations and proceedings to
establish the truth of the facts, taking into account that approximately 30 years have
elapsed since these five massacres occurred. In particular, the State must ensure that the
following criteria are observed:330
328
Among other matters, the representatives indicated that the State must: (a) initiate all the investigations
together, taking into account the systematic pattern of human rights violations that existed at the time, and
endeavor to joinder the proceedings; (b) avoid the application of amnesty laws or similar provisions that benefit
the perpetrators; (c) ensure that the competent authorities have and use the necessary logistic and scientific
resources to collect and process the evidence and that they have the authority to access the pertinent
documentation to investigate the facts denounced; (d) ensure full access and legal standing to the next of kin of
the victims at all stages of the investigation; (e) ensure due guarantees of safety for all those who take part in the
investigations; (f) guarantee that the authorities abstain from taking measures that entail the obstruction of the
investigations, and open disciplinary, administrative or criminal actions, in accordance with domestic law, against
those responsible for the different procedural and investigative irregularities, and (g) ensure that the results of the
proceedings are publicized.
329
Cf. Case of Myrna Mack Chang v. Guatemala, supra, para. 277, and Case of Contreras et al. v. El
Salvador, supra, para. 128.
330
Cf. Case of Anzualdo Castro v. Peru, supra, para. 181, and Case of González Medina and family members
v. Dominican Republic, supra, para. 285.
88
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