488. The Court has indicated that the authorities must conduct the investigation as an
inherent legal obligation, and not leave this to the initiative of the next of kin. 753 This is a
basic and determinant element for the protection of the rights affected by such
situations. 754 Consequently, the investigation should be conducted using all available legal
means with the purpose of discovering the truth and achieving the pursuit, capture,
prosecution and eventual punishment of all the masterminds and perpetrators of the acts,
especially when State agents are or could be implicated. 755 Likewise, impunity must be
eliminated by the establishment of both the general (State) and individual responsibilities,
of a criminal and any other nature, of its agents or of private individuals. 756 In compliance
with this obligation, the State must remove all obstacles, de facto and de jure, that
maintain impunity. 757
B.5.1) Due diligence in the initial investigation measures
489. In this case, one of the main hypotheses regarding what happened to the presumed
disappeared victims is that they died inside the Palace of Justice. Therefore, the obligation
of due diligence in the investigation of these events included the correct processing of the
crime scene and examination, identification, and removal of the corpses in order to clarify
what happened. The Court has established that the effective establishment of the truth in
the context of the obligation to investigate a possible death must be apparent in the
meticulous nature of the initial measures taken. 758 The Court has also asserted that, during
the processing of the crime scene and of the corpses of the victims, basic essential
procedures should be performed in order to conserve the evidence and any indications that
may contribute to the success of the investigation, 759 such as the removal of the corpse and
and costs. Judgment of November 26, 2013. Series C No. 274, para. 182.
753
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 177, and
Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
November 26, 2013. Series C No. 274, para. 178.
754
Cf. Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, para. 145,
and Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 26, 2013. Series C No. 274, para. 178.
755
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25, 2003.
Series C No. 101, para. 156, and Case of the Landaeta Mejías Brothers et al. v. Venezuela. Preliminary objections,
merits, reparations and costs. Judgment of August 27, 2014. Series C No. 281, para. 216.
756
Cf. Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006. Series C
No. 153, para. 131, and Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of November 26, 2013. Series C No. 274, para. 178.
757
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25, 2003.
Series C No. 101, para. 277, and Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of November 26, 2013. Series C No. 274, para. 178.
758
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs. Judgment
of June 7, 2003. Series C No. 99, supra, para. 127, and Case of the Human Rights Defender et al. v. Guatemala.
Preliminary objections, merits, reparations and costs. Judgment of August 28, 2014. Series C No. 283, para. 204. In
this regard, the Court has stipulated the guiding principles that must be observed in an investigation when a possible
violent death is involved. The State authorities who conduct an investigation of this type should try, at least, inter alia:
(i) to identify the victim; (ii) to recover and preserve evidentiary material related to the death to aid in any
potential prosecution of those responsible; (iii) to identify possible witnesses and obtain statements from them
concerning the death; (iv) to determine the cause, manner, location and time of death, as well as any pattern or
practice that may have brought about the death, and (v) to distinguish between natural death, accidental death,
suicide and homicide. In addition, the scene of the crime must be investigated thoroughly; autopsies must be
performed, and human remains examined rigorously by competent professional using the most appropriate
procedures. Cf. United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions (Minnesota Protocol), UN Doc. E/ST/CSDHA/.12 (1991).
759
Cf. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 16, 2009. Series C No.205, para. 301, and Case of the Human Rights Defender et al. v.
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of August 28, 2014. Series C No. 283,
170
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