13
The Court later specified that “in cases of […] forced
disappearances and other grave human rights violations, […] the
execution of a serious, impartial, and effective ex officio investigation,
without delays, is a fundamental and conditioning element for the
protection of certain rights that are affected or annulled by these
situations, such as the right to personal liberty, humane treatment, and
life.” To this end, the Tribunal reiterated its jurisprudence, according to
which, an investigation must not be started “as a mere formality which
is set to be unfruitful before it has even begun,” but rather “it must have
a purpose and the State must adopt it as an inherent legal obligation
and not a mere act of special interests that depends on the procedural
initiative of the victim or its next of kin or the private presentation of
evidence, without the public authority effectively seeking the truth. This
is true regardless of the agent to whom the violation may be attributed
to, even if they were individuals, since, if the facts are not seriously
investigated they would in some way have been assisted by the public
power, which would compromise the State’s international responsibility.”
Likewise, the Court mentioned that an investigation must be carried out
“through all legal means available” and within a reasonable period of
time.19
25.
Likewise, the Court reiterated that the prohibition of forced
disappearance of persons and the correlated duty to investigate it and
punish those responsible are regulations that “have become jus cogens
in nature.”20
26.
Additionally, in said Order issued in 2009, the Court reiterated that
the State “has the obligation to fight [impunity] through all legal means
available, since [said situation] promotes the chronic repetition of
human rights violations and the complete lack of defense of the victims
and their next of kin.” The Tribunal stated that this obligation implies
the duty of the States to organize the entire governmental apparatus
and, in general, all the structures through which it manifests its exercise
of public power so that they are capable of legally guaranteeing the free
and full exercise of human rights.21
27.
Inter-American Court of Human Rights of January 27, 2009, Considering Clause twenty-one.
19
Cf. Case of Bámaca Velásquez v. Guatemala, supra note 18, Considering Clause twenty-eight.
20
Cf. Case of Bámaca Velásquez v. Guatemala, supra note 18, Considering Clause twenty-six.
21
Cf. Case of Bámaca Velásquez v. Guatemala, supra note 18, Considering Clause twenty-two.