mechanisms for its development and the search for the truth. Thus, several failings arose
within the investigation, since the process did not make use of all the means of evidence
available, including those proposed by the relatives, who pointed out that they had to
propel the investigation forward at different stages. They also indicated that the
investigation remained in the initial stages and in the most absolute impunity. The
representatives further argued that none of the three hypotheses that emerged during the
investigation were conclusively proven or ruled out, not because of the complexity of the
case, but because of negligent action by the State. In this regard, they specified each of
the failings that they attributed to the State. Furthermore, they held that the State did not
investigate the threats and harassment suffered by the family of A.A., both before and
after his death, which were known to the authorities, and that at no time did the State
take into account the alleged gravity of the situation they faced after his death, which
could constitute a lack of due diligence. On this point, they explained that, although it is
true that the victim’s relatives did not immediately file a complaint before the Public
Prosecution Service concerning the alleged threats, intimidation and harassment they
suffered, the State knew about these incidents because they had been reported to the
Office of the Human Rights Ombudsman. It was evident, then, that the information
contained in the file regarding the possible connection with A.A.’s death was ignored.
Likewise, the investigating body would have known about it through subsequent
statements rendered before the Prosecutor’s Office by members of family A. In addition,
the representatives indicated that, as consequence of this denial of justice, “the
psychological and moral integrity of the members of family [A] has been seriously affected
[…].”
197. The State pointed out that the rights to judicial guarantees and judicial protection
are duly regulated under domestic law. It added that it could not have violated Mr. A. A.’s
rights, since he had never attempted to make use of the judicial bodies to exercise them
in connection with the events that led to his death. It also argued that within its
organization, the State clearly provides for the respective judicial guarantees for the direct
relatives of the victims, and that B.A. would have had access to all the remedies before
the competent bodies to file her complaints, applications, reports and recommendations. It
held that it could not be accused of omissions or a lack of diligence in the investigation,
since it had carried out numerous procedures to clarify the facts. However, it was unable
to proceed with the trial because it had not been possible to attribute A. A.’s death to any
individual. This was not due to a lack of will, or a lack of diligence, but rather to the
complexity of the matter and the range of possible causes found by the Public Prosecution
Service. According to the State, the procedures established by law at the time of the
events were fully observed. It also emphasized that, had it been unwilling to investigate,
legal means were available within the proceeding that could have been used to complete
the investigation, since according to Guatemalan law, if the prosecutor in charge of the
investigation or the Supervising Judge considers that there is insufficient evidence to bring
charges within a reasonable time, the case may eventually suspended, provisionally closed
or archived.
198. The State also affirmed that, “although the procedures carried out at the time of
the facts were not perfect, with the passage of time the State has gradually corrected
these weaknesses, adopting a number of measures that today [would make…] the
procedure for removing the body and the method of collecting evidence more uniform and
ordered.” In addition, it expressed concern that the Commission should assess the
investigations based on the United Nations Manual for the Effective Prevention and
Investigation of Extra-Legal, Arbitrary and Summary Executions (Minnesota Protocol), “as
though it were a well-known case of extrajudicial execution in which the participation of
State agents was unquestionable.” Finally, the State argued that although the petitioners
had adduced that the supposed threats suffered by the presumed victims after Mr. A.A.’s
death were not investigated, they did not file any complaints to report this to the State, as
required by law, but did so through third parties.
B) Considerations of the Court
199. The Court has established that, pursuant to the American Convention, the States
Parties are obliged to provide effective legal remedies to the victims of human rights
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