42
arisen from mechanisms such as the statute of limitations and res judicata with regards to
continuing the investigations.” At the same time, the State insisted that it is only partially
responsible because “judicial proceedings to punish the material and intellectual authors are
still pending” and because it disputes certain assertions made by the Commission and the
representatives.
144. Taking into account that the State’s acknowledgement is “partial” and that there are
still elements in dispute between the parties, the Court will now set forth the findings it
deems necessary with regard to the alleged violations.
145. The Court has maintained that, according to the American Convention, the States
Parties are obliged to provide effective judicial recourses to the victims of human rights
violations (Article 25), and that this recourse must be provided in conformity with due
process of law (Article 8(1)). Both of these obligations fall within the general State
obligation to guarantee the free and full exercise of the rights recognized by the Convention
to all those within their jurisdiction (Article 1(1)).117
146. This Court has indicated that the right to judicial access must secure the right of the
alleged victims or their next of kin to have every measure taken such that the truth of the
events may be known within a reasonable time and that those eventually found responsible
be punished.118
147. With regard to the violation of Article 13 of the American Convention alleged by the
representatives, the Court notes that the right to truth is subsumed within Articles 8 and 25
of the Convention. These Articles provide the right of the victim or his or her next of kin to
obtain a State determination of the truth of the events and the corresponding responsibility
through an investigation and trial.119
148. Upon implementing or tolerating acts directed toward the perpetration of
extrajudicial executions, or by failing to investigate or punish those responsible, the State
violates the obligation to respect and ensure the full and free exercise of the rights of the
alleged victims or their next of kin as recognized in the Convention. In addition, these
violations prevent society from knowing the truth of the events,120 encourage the chronic
repetition of human rights violations and perpetuate the total defenselessness of the victims
and their next of kin.121 The investigation into the events must be conducted using all
available legal means, in order to determine the truth of what occurred and in order to
117
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.), supra note 16, para. 106; Case
of Goiburú et al., supra note 11, para. 110; and Case of Claude Reyes et al., supra note 27, para. 127.
118
Cf. Case of the Miguel Castro Castro Prison, supra note 8, para. 382; Case of Vargas Areco, supra note 8,
para. 101; and Case of the Ituango Massacres, supra note 15, para. 289.
119
Cf. Case of Almonacid-Arellano et al., supra note 16, para. 148; Case of Blanco Romero et al. Judgment of
November 28, 2005. Series C No. 138, para. 62; and Case of Gómez Palomino. Judgment of November 22, 2005.
Series C No. 136, para. 78.
120
Cf. Case of the Ituango Massacres, supra note 15, para. 300; Case of the Pueblo Bello Massacre, supra
note 12, para. 146; and Case of the Mapiripán Massacre, supra note 12, para. 238.
121
Cf. Case of Baldeón García, supra note 112, para. 168; Case of the Pueblo Bello Massacre, supra note 12,
para. 266; and Case of Gómez Palomino, supra note 119, para. 76.
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