that the right to effective judicial protection is not an absolute and unconditional right and
that this right is not violated merely because of a ruling against the claims of the parties. It
argued that, had been any indolence on the part of the State, it would never have executed
the arrest warrants issued against the material authors, let alone accomplished the
extradition of one of them.
B.
General considerations of the Court
153. The obligation to investigate human rights violations is among the positive measures
that States should adopt to guarantee the rights enshrined in the Convention. The Court has
held that in order fulfill their obligation to guarantee rights, States should not only prevent,
but also investigate violations of the human rights recognized in this instrument, such as
those alleged in this case.249
154. The Court has repeatedly stated that the State Parties are required to provide
effective judicial remedies for victims of human rights violations (Article 25), which can be
implemented in compliance with the rules of due legal process (Article 8(1)), all of this
within the States’ general obligation to guarantee the free and full exercise of the rights
recognized by the Convention for all people under their jurisdiction (Article 1(1)).250
155. This Court has indicated in its consistent case law that “the obligation to investigate
is an obligation of means and not of results, which must be assumed by the State as its own
legal duty and not as a mere formality preordained to be unsuccessful, or as a simple
measure responding to private interests.”251 The investigation must be “serious, impartial,
[...] effective [...] and [be] designed to determine the truth and to pursue, capture,
prosecute and eventually punish the authors.”252 This obligation remains “regardless of the
agent to whom the violation may eventually be attributed, even private individuals, because
if their acts are not properly investigated, they would, to a certain extent, be supported by
the public authorities, which would involve the international responsibility of the State.”253
156. Similarly, the Court has stated that “the right to effective legal protection requires
that the judges direct the proceeding in such a way as to avoid undue delays and
obstructions that lead to impunity, thus frustrating due judicial protection of human rights,”
and that “the judges who are in charge of directing the proceeding have the duty to direct
and channel the judicial proceeding with the aim of not sacrificing justice and due legal
process in favor of formalism and impunity,” which otherwise “leads to a violation of the
international obligation of the State to prevent and protect human rights and it abridges the
right of the victim and the next of kin to know the truth of what happened, for all those
responsible to be identified and punished and to obtain the attendant reparations.”254
157. Bearing in mind both the facts outlined and the case law cited, it is appropriate for
the Court, within the framework of its jurisdiction and functions, to determine whether or
249
Cf. Case of Velásquez Rodríguez. Merits, paras. 166 and 176 and Case of González Medina and Family v.
Dominican Republic. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of February 27, 2012. Series C,
No. 240, para. 127.
250
Cf. Case of Velásquez Rodríguez. Preliminary Objections, supra, para. 91 and Case of Fleury et al. v. Haiti.
Merits and Reparations. Judgment of November 23, 2011. Series C, No. 236. para. 105.
251
Case of Velásquez Rodríguez, supra, para. 177 and Case of Castillo González et al., supra, para. 151.
252
Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs.
Judgment of June 7, 2003. Series C, No. 99, para. 127 and Case of Castillo González et al., supra, para. 151.
253
Case of Velásquez Rodríguez, supra, para. 177 and Case of Castillo González et al., supra, para. 151.
254
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25,
2003. Series C, No. 101, para. 211 and Case of Suárez Peralta, supra, para. 93.
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents