proceeding was closed. As to the other presumed perpetrators, the Court confirms that in
the competent authority determined that there were insufficient elements to establish the
involvement of the other persons investigated in this case.
187. In view of the general assessment of the process, the Court finds that the State
conducted several proceedings to elucidate the facts and punish those responsible.
Regarding the final decision to acquit the presumed intellectual author, this decision was not
questioned before this Court, either on grounds of breaching essential requirements,
procedural fraud or fraudulent res judicata (supra para. 180). Therefore, in accordance with
the particular circumstances of the case, it is evident that the State’s judicial system
operated through the investigation of the facts and the determination of specific
responsibilities, and was unable to conclude other responsibilities due to the deaths of two
of the accused. However, should further evidentiary elements arise, this does not prevent
the competent domestic authorities from deciding to continue with the investigation and
establish the corresponding responsibility in accordance with domestic legislation.
B.2. Reasonable time period
188. The concept of a reasonable period of time contemplated in Article 8 of the American
Convention is closely linked to the notion of an effective, simple and prompt remedy
envisaged in Article 25.283 This Court has indicated that the right to have access to justice is
not exhausted by the processing of domestic proceedings, but must also ensure, within a
reasonable period of time, the right of victims or their families to learn the truth about what
happened and to sanction those responsible.284 The Court has also held that a reasonable
period of time should be determined in relation to the duration of the entire procedure, from
the first action until the final judgment is handed down, including any appeals that may be
filed.285
189. At the same time, in its consistent case law the Court has established that four
elements must be considered in order to determine whether this rule is fulfilled in each
case: the complexity of the case; the conduct of the judicial authorities; the procedural
activity of the interested party;286 and the “adverse effect of the duration of the proceedings
on the judicial situation of the person involved.”287
190. In relation to the first element, this Court has taken into account several criteria for
determining the complexity of a process. These include the complexity of the evidence, the
number of parties or the number of victims involved in the proceedings, the time that has
elapsed since the violation, the nature of the remedies embodied in the domestic legislation
and the context in which the violation occurred.288 Similarly, the European Court has ruled
283
Cf. Case of Baldeón García v. Peru. Merits, Reparations and Costs. Judgment of April 6, 2006. Series C,
No. 147, para. 155 and Case of Suárez Peralta, supra, para. 122.
284
Cf. Case of the 19 Tradesmen v. Colombia. Preliminary Objection. Judgment of June 12, 2002. Series C,
No. 93, para. 188 and Case of García Lucero et al. v. Chile. Preliminary Objections Merits, Reparations and Costs.
Judgment of August 28, 2013. Series C, No. 267, para. 121.
285
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C, No. 35, para.
The concept 71 and Case of López Álvarez v. Honduras. Merits, Reparations and Costs. Judgment of February 1,
2006. Series C, No. 141, para. 130.
286
Cf. Case of Suárez Rosero, supra, para. 72 and Case of Furlan and Family v. Argentina. Preliminary
Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C, No. 246, para. 152.
287
164.
Cf. Case of Valle Jaramillo et al., supra, para. 155 and Case of the Santo Domingo Massacre, supra, para.
288
Cf. Case of Genie Lacayo v. Nicaragua. Preliminary Objections. Judgment of January 27, 1995. Series C,
No. 21, para. 78 and Case of Furlan and Family, supra, para. 156.
57
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