194. In relation to the actions of the victim’s family, even though in this case the
investigation is an ex officio obligation of the State, the victims have assumed an active role
in the investigations. In this regard, it is worth noting that from the outset of the
investigation, they rendered their testimonies identifying the individuals who had previously
threatened Mr. Luna López. They also brought to the proceeding persons who in turn had
important information on the murder and those responsible.291 From the evidence available,
it is clear that they participated actively in the process, without hindering it or being denied
access to the file. Furthermore, they helped to further the judicial proceedings through
various briefs and requests formulated by the prosecutors working on the case, from the
start of the investigations to the recent dates.
195. Finally, with respect to the fourth element, namely the adverse effect of the duration
of the proceedings on the judicial situation of those involved, the Court considers, as it has
done previously, that in this case it is not necessary to analyze this point to determine the
reasonableness of the time taken by these investigations.292
196. Accordingly, the Court concludes that, having regard to the complexity and particular
circumstances of this case, the State has not exceeded the reasonable time period in the
investigation of the facts, in relation to Article 8 of the Convention.
B.3. General Conclusion
197. The Court concludes that, since the obligation to investigate is an obligation of
means, there is no evidence in this case to show that the State failed to conduct a serious
and exhaustive investigation to establish the facts, and within a reasonable period of time,
according to the circumstances of the case. Consequently, the Court considers that the
State is not internationally responsible for the violation of the rights established in Articles
8(1) and 25(1) of the American Convention.
VIII
RIGHT TO PERSONAL INTEGRITY OF THE FAMILY MEMBERS
A.
Arguments of the parties and the Commission
291
Among other proceedings, file No. 1128-98 on concerning the action filed against Oscar Rodríguez Molina,
contained information on the efforts made by the legal representative of the Luna family, specifically: a request for
an expert opinion on Mr. Oscar Rodríguez to establish whether he suffered a physical impediment in his lower
extremities, because several of the eyewitnesses indicated that the accused “did not walk normally” (Application of
January 3, 2000, page 259 of file 1128/98). Additionally, an application to include evidence obtained in the
preliminary phase (page 260 of file 1128/98) and request for the testimony of Mr. Álvaro Danilo Zapata (page 264
of file 1128/98) (Merits file, page 193, footnote 357). Likewise, the attorney Lobo who, referring to the statement
rendered by the accused Oscar Rodríguez on June 15, 2004, incriminating Messrs. Alberto Isidoro Cáliz, Fredy Noel
Salgado Guiffarro, Alejandro Fredy Salgado Carmona and Adán Orellana in the murder of Luna, requested the
warrant for the arrest of these persons; however, his request was ruled inadmissible because it did not establish
that “a logical and concatenated link [could] be established to indicate that a close relationship […]attributed to
them existed." Cf. Request for an arrest warrant of September 2004, and the response of the Civil Court on
December 15, 2004, pages 587 and 591. Annexes 66 and 67 to the Report on Merits 100/11 of the ICHR (Merits
file, page 193, footnote 358). Cf. Final pleadings of the representatives “Mr. César Luna has made efforts to secure
the arrest warrant, that was signed on February 20, 2013, and consequently its execution” (File of attachments of
the report on Merits, page 1045).
292
Cf. Case of Garibaldi, supra, para. 138 and Case of the Barrios Family, supra, para. 284.
59
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