Castro et al. v. Peru and Gelman v. Uruguay, the Court has included additional and
specific considerations applicable to the particular case concerning the violation of the
right to the truth. 790 Furthermore, in the case of Gudiel Álvarez et al. (Diario Militar) v.
Guatemala, the Court examined the violation of the right to know the truth in its analysis
of the right to personal integrity of the next of kin, because it considered that, by
concealing information that prevented the next of kin from knowing the truth, the
respective State had violated Articles 5(1) and 5(2) of the American Convention. 791
Additionally, in the case of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil, the Court
declared an autonomous violation of the right to the truth that, owing to the specific
circumstances of that case, also constituted a violation of the right of access to justice and
an effective remedy, and a violation of the right to seek and receive information,
recognized in Article 13 of the Convention. 792
510. In this case, 29 years after the events, the truth about what happened to the victims
in this case and their whereabouts are still unknown. Moreover, the Court underlines that,
since the events occurred, a series of actions have been revealed that have facilitated the
concealment of what happened and prevented or delayed their clarification by the judicial
authorities and the Prosecution Service. In addition, despite the creation of a Truth
Commission in 2005 as part of the efforts made by the Judiciary to establish the truth about
what happened, its conclusions have not been accepted by the different State organs
responsible for the implementation of its recommendations. In this regard, the Court recalls
that the State argued before this Court that the said commission was unofficial and that its
report did not represent the truth of what happened 793 (supra para. 84). Thus, the State’s
position has prevented the victims and their families from achieving their right to the
establishment of the truth by means of this extrajudicial commission. In the Court’s opinion
a report such as that of the Truth Commission is important, although complementary, and
does not substitute the State’s obligation to establish the truth by means of judicial
proceedings. 794 Thus, the Court stresses that there is still no official version of what
happened to most of the victims in this case.
202, paras. 119 and 120; Case of the Massacres of El Mozote and nearby places v. El Salvador. Merits, reparations
and costs. Judgment of October 25, 2012. Series C No. 252, para. 298. In one case this consideration was included
under the obligation to investigate ordered as a measure of reparation. Cf. Case of Almonacid Arellano et al. v. Chile.
Preliminary objections, merits, reparations and costs. Judgment of September 26, 2006. Series C No. 154, para. 148.
Also, in other cases, it has been established that it is subsumed in Articles 8(1), 25 and 1(1) of the Convention, but
this consideration has not been included in the reasoning of the respective operative paragraph. Cf. Case of the Barrios
Family v. Venezuela. Merits, reparations and costs. Judgment of November 24, 2011. Series C No. 237, para. 291;
Case of González Medina and family members v. Dominican Republic. Preliminary objections, merits, reparations and
costs. Judgment of February 27, 2012. Series C No. 240, para. 263, and Case of Contreras et al. v. El Salvador.
Merits, reparations and costs. Judgment of August 31, 2011. Series C No. 232, para. 173.
790
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, paras. 168 and 169, and Case of Gelman v. Uruguay. Merits and reparations.
Judgment of February 24, 2011 Series C No.221, paras. 192, 226 and 243 to 246.
791
Cf. Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala. Merits, reparations and costs. Judgment of
November 20, 2012. Series C No. 253, para. 202.
792
In this regard, in the case of Gomes Lund et al., the Court observed that, based on the events of the case, the
right to know the truth was related to an action filed by the next of kin to access certain information in relation to
access to justice and the right to seek and receive information recognized in Article 13 of the American Convention, so
that it analyzed that right under this provision. Cf. Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil.
Preliminary objections, merits, reparations and costs. Judgment of November 24, 2010. Series C No. 219, para. 201.
793
Indeed, the Truth Commission itself stated that, owing to its nature, it “did not receive logistic, material or
human support from any State body,” so that this report “is the result of the direct and personal commitment of the
commissioners, with their own resources and, in the last year and a half of their work, with the efficient technical and
methodological assistance of the International Center for Transitional Justice […], with the support of the Ford
Foundation and the European Commission.” Report of the Truth Commission (evidence file, folios 27 and 28).
794
Cf. Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs. Judgment of July 4, 2007. Series C
179
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