assumed in the treaty. Although the Commission indicated Article I(c) of the IACFDP,
concerning the duty of cooperation between States to prevent, punish and eradicate the
forced disappearance of persons, it did not specify the rationale for this violation and the
Court does not find a sufficient basis to examine the alleged failure to observe this
provision.
138. Given the duty to investigate, once State authorities learn of an incident, they
must initiate de officio and without delay a serious, impartial, and effective
investigation171 that is undertaken with all legal means available and is directed to
ascertain the truth.172
139. While the duty to investigate is an obligation of means and not of results, it must
be undertaken by the State “in a serious manner and not as a mere formality preordained
to be ineffective. An investigation must have an objective and be assumed by the State
as its own legal duty, not as a step taken by private interests that depends upon the
initiative of the victim or his family or upon their offer of proof.”173 Due diligence in an
investigation “requires the investigating body to carry out all measures and
investigations necessary to try and obtain the required result.”174
140. Article 8(1) of the Convention requires that the facts investigated in criminal
proceedings be resolved within a reasonable time since in certain cases “a prolonged
delay in itself may constitute a violation of the right to a fair trial.”175
B.2. Examination of the actions taken in this case
141. Based on the above-mentioned points and others that are more specific that will
be indicated, the Court will analyze, in the context of the effective date of its
jurisdiction,176 the relevant facts of the case. It will limit its examination to the arguments
of the Commission and the representative on the shortcomings in the State’s conduct,
which refer to: (1) the application of the Expiry Law; (2) the lack of diligence in its
actions; (3) the failure to observe a reasonable period, and (4) the violation of the right
to the truth.
B.2.1 Obstruction of the investigations by application of the Expiry Law
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 177 and Case of Garzón Guzmán et al. v.
Ecuador, para. 69.
171
Cf. Similarly, Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations
and Costs. Judgment of June 7, 2003. Series C No. 99, para. 127 and Case of Barbosa de Souza et al. v. Brazil.
Preliminary Objections, Merits, Reparations and Costs. Judgment of September 7, 2021. Series C No. 435,
para. 128.
172
Cf. Case of Velásquez Rodríguez. Merits, para. 177 and Case of Barbosa de Souza et al. v. Brazil,
para. 128.
173
Cf. Case of the Serrano Cruz sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March 1,
2005. Series C No. 120, para. 83 and Case of Garzón Guzmán et al. v. Ecuador, para. 67.
174
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, Reparations and
Costs. Judgment of June 21, 2002. Series C No. 94, para. 145 Case of González et al. v. Venezuela, para. 185.
175
In view of the date of their deaths and the effective date of the jurisdiction of the Court (supra paras.
12 and 55 to 60), the Court considers that it is not appropriate to examine the violations of human rights
regarding Ms. Reyes, Ms. Maidanik and Ms. Raggio.
176
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