B) Considerations of the Court 128. The Court recalls that, from the start of the victim’s forced disappearance, numerous applications for habeas corpus were filed and different proceedings have been conducted in order to clarify what happened to Edgar Fernando García. Following the acceptance of the Court’s jurisdiction, the events were reported to the PDH, three applications for habeas corpus were filed, and a special investigation procedure was undertaken by the PDH before the Supreme Court of Justice. In 2009, after the discovery of the Historical Archive of the National Police, the Public Prosecution Service formally charged two perpetrators of the disappearance of Edgar Fernando García, and they were sentenced and convicted in October 2010, in a judgment that is now final. Furthermore, based on the information that appeared in the Historical Archive of the National Police, two other individuals indicated as presumed perpetrators were identified, and they have been fugitives from justice since 2009. 189 Also, another two individuals who have been identified as presumed masterminds, are currently being prosecuted, 190 although the Court is unaware of the exact status of these proceedings. 129. The Court recalls that, based on the protection granted by Articles 8 and 25 of the Convention, States are obliged to provide effective judicial remedies to the victims of human rights violations, which must be substantiated in accordance with the rules of due process of law. 191 Furthermore, the Court has indicated that the right of access to justice must ensure, within a reasonable time, the right of the presumed victims or their family members that everything necessary is done to discover the truth of what happened and to punish those responsible. 192 130. The obligation to investigate human rights violations is one of the positive measures that States must adopt in order to guarantee the rights recognized in the Convention. 193 In addition, it is pertinent to recall that the systematic practice of forced disappearance entails a disregard of the obligation to organize the State apparatus so as to ensure the rights recognized in the Convention, which reproduces the conditions of impunity so that this type of event is repeated. 194 Hence the importance that the State take all necessary measures to investigate and, as appropriate, punish those responsible; to establish the truth of what happened; to locate the whereabouts of the victims and to inform the family members, and to provide the latter with fair and adequate reparation, as appropriate. 195 189 Cf. Affidavit prepared by Manuel Giovanni Vásquez Vicente on March 11, 2012 (merits file, tome II, folios 792, 793 and 795), and affidavit prepared by Alejandra García Montenegro on April 20, 2012 (merits file, tome II, folio 807). 190 According to witness Manuel Giovanni Vásquez Vicente the “Director General of the National Police and the [the] Commander General of the Fourth Unit of the National Police [at the time] are awaiting their oral and public trial,” because they presumably “participated, since they were part of the chain of command.” Affidavit prepared by Manuel Giovanni Vásquez Vicente on March 11, 2012 (merits file, tome II, folio 795). 191 Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series C No. 1, para. 91, and Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 242. 192 Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C No. 100, para. 114, and Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 242. 193 Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 166 and 167, and Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 243. 194 Cf. Case of Velásquez Rodríguez. Merits, supra, para. 158, and Case of Contreras et al. v. El Salvador, supra, para. 126. 195 Cf. Case of Goiburú et al. v. Paraguay, supra, para. 89, and Case of Contreras et al. v. El Salvador, supra, para. 126. 46

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