8
was applied to that specific case.” It added that, pursuant to the precedents of the
Court “domestic law obstacles or statutes of limitations hindering or barring the
investigation and punishment of those responsible for human rights violations are
inadmissible”. Finally, it concluded that, under the terms of the judgment, “the State
must continue with the relevant investigations into the circumstances of the murder of
Mr. García Prieto, as well as of the threats and harassment” endured by his parents.
23.
The representatives stated that the Judgment was clear about the obligation of
the State to continue with the investigations related to the murder of Mr. García-Prieto.
They pointed out that the State raised issues of fact and law that had already been
heard and ruled on by the Court. Therefore, they noted that the State “attempts to use
the request for interpretation as a means to challenge the [J]udgment”. The
representatives added that “in the event that the Court decides to allow the question
[raised by] the State, it should be noted that [the latter…] may not invoke domestic
law obstacles to justify failure to fulfill its international obligations”. Consequently, the
representatives maintained that, given that the Court ordered the State to investigate
the facts of the instant case, the State may not rely on the statute of limitations to
circumvent said obligation.
24.
The Court finds that the Judgment on the Merits is clear in providing in
paragraphs 193, 194 and 195 that the State must conclude the investigation, for which
purposes, it must resort to all means available to further such investigation and all
related proceedings, and thus prevent repetition of events such as those in the instant
case. Although, the Court made no finding as to the statute of limitations issue since,
as clearly stated in paragraph 197 of the Judgment, it held that in prosecutor’s record
No. 34-00-03 related to the investigation of the potential participation of masterminds
in the murder of Mr. García Prieto and the identification of a potential third individual
that may have been involved in the incidents, there was no evidence to establish the
application of the statute of limitations to the case. The Court restates that it cannot
rule on that issue until the application of the statute of limitations is confirmed by the
relevant authority. Therefore, this issue may be examined at the judgment compliance
monitoring stage, if appropriate.
25.
Consequently, the third question raised by the State (supra para. 21) is held to
be inadmissible by the Court.
VII
OPERATIVE PARAGRAPHS
26.
Therefore,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Article 67 of the American Convention on Human Rights and Articles 29(3)