148. The Court examined the Expiry Law in the Gelman case (supra para. 42). After
that 2011 decision, the State adopted measures that would reestablish the punitive
claims of the State (supra paras. 43 and 44). In the present case, however, the State
has not defended the compatibility of the Expiry Law with the Convention nor with
international law. The Court, therefore, considers that it is not necessary to review its
analysis of that law, but rather, since the law had effects on the present case (supra
paras. 143 to 145), it must take into consideration the conclusions that the Court has
already reached.
149. The Court, therefore, reiterates that the provisions of the Expiry Law that impede
an investigation into and the punishment of serious human rights violations lack
effectiveness (supra para. 42) due to their manifest incompatibility with the
Convention180 and that “in applying the provisions of the Expiry Law (which, for all intents
and purposes, constitutes an amnesty law) and thereby impeding the investigation of
the facts and the identification, prosecution, and possible punishment of the possible
perpetrators of continued and permanent injuries such as those caused by enforced
disappearance, the State fails to comply with its obligation to adapt its domestic law set
out in Article 2 of the American Convention.”181 This applies to “continuous and
permanent violations such as forced disappearances,” as was pointed out in the Gelman
case, and to other serious human rights violations, such as extrajudicial executions. With
respect to forced disappearances, the Expiry Law implies, in addition to the failure to
observe Article 2, the failure to comply, as of May 2, 1996 (supra para. 12), with Article
I(d) of the IACFDP.
150. During the period in which the domestic judicial proceedings were interrupted due
to the application of the Expiry Law, the State did not comply, to the detriment of the
victims in this case (infra para. 195), with its duty to investigate in relation not only to
the obligation established in Article 1(1) of the American Convention, but also to that
set out in its Article 2, and, where appropriate, in Article I(d) of the IACFDP.
B.2.2 Due diligence in the actions
B.2.2.1 Regarding the determination of the whereabouts of the disappeared
persons
151. The Court notes, in the first place, that in cases of disappeared persons the
response of the State is essential to protect the life and integrity of the person affected.
Prompt and immediate action on the part of the authorities is absolutely essential from
the moment of learning of the disappearance to order and undertake timely and
necessary measures directed to determine the whereabouts of the person or the place
where he or she might be detained. The investigation, whether judicial or administrative,
must be conducted with due diligence in a serious manner in a way that all efforts are
systematic and rigorous.182
Arellano et al.), Brazil (Gomes Lund et al.), Uruguay (Gelman) and El Salvador (Massacres of El Mozote and
surrounding areas)”.
180
Case of Gelman v. Uruguay. Merits and Reparations, para. 232.
181
Case of Gelman v. Uruguay. Merits and Reparations, para. 240.
Cf., Similarly, Case of Velásquez Rodríguez v. Honduras. Merits, paras. 174 and 176; Case of Gudiel
Álvarez et al. (“Diario Militar”) v. Guatemala. Merits, Reparations and Costs. Judgment of December 20, 2012.
Series C No. 253, para. 334 and Case of Garzón Guzmán et al. v. Ecuador, para. 74. In paragraph 75 of the
latter judgment, the Court stated that “while the duty of due diligence in the search is related to the obligation
182
41