66
determination of
proceedings.252
individual
or
State
responsibilities
through
the
judicial
233. Based on the foregoing, the State must use the necessary means, in
conformity with its domestic legislation, to effectively direct the investigations so as
to identify, prosecute, and punish those responsible for the crimes committed in Las
Dos Erres, and remove all obstacles, de facto and de jure, which maintain the case in
impunity. Specifically, the State must ensure that the investigation covers the
following criteria:
a)
considering the gravity of the facts, the State may not apply amnesty
laws nor argue prescription, non-retroactivity of the criminal law, former
adjudication, the non bis in idem principle (supra para. 129), or any other
similar means of discharging from liability, to excuse itself from this
obligation.253 Consequently, the State must continue the criminal proceeding
without delay;
b)
effectively investigate all facts of the massacre, taking into account the
systematic pattern of human rights violations existing at the time that the
facts of the instant case took place, including, apart from the murder of the
inhabitants of the community, other possible serious infringements to humane
treatment, particularly, the alleged acts of torture, in light of the differentiated
impacts of the alleged violence against girls and women.254 The State must
also eventually apply the punishments corresponding to those facts, and
execute the pending arrest warrants;
c)
determine all alleged perpetrators and masterminds of the massacre,
therefore it must conclude the criminal proceeding initiated against them, and
proceed to investigate the alleged perpetrators which have not been identified
yet. Due diligence in the investigation implies that all state authorities are
obligated to collaborate in gathering evidence, therefore they should provide
all information required and abstain from acts that imply an obstruction to the
investigation process (supra para. 144);
d)
initiate disciplinary, administrative, or criminal actions, in conformity
with the domestic legislation, against the State authorities who may have
thwarted or prevented an adequate investigation of the facts, as well as
those responsible for the different procedural irregularities and facts of
harassment that have contributed to extending the impunity of the massacre
(supra párr. 145);
e)
adopt the measures necessary for the appeal for legal protection to be
used effectively, in conformity with the principles of concentration,
promptness, of the presence of both parties, motivation of a judgment, and
252
Cf. Case of Almonacid Arellano et al v. Chile, supra note 161, para. 150; Case of Zambrano Vélez
et al v. Ecuador, supra note 109, para. 128, and Case of Anzualdo Castro v. Peru, supra note 28, para.
180.
253
Cf. Case of Barrios Altos v. Peru. Merits, supra note 133, para. 41 to 44; Case of Ticona Estrada
et al v. Bolivia, supra note 135, para. 147, and Case of Anzualdo Castro v. Peru, supra note 28, para. 182.
254
The Committee on the Elimination of Discrimination Against Women, in its General
Recommendation No. 19 “Violence against women,” has established that within the framework of armed
conflicts States must adopt protective and punitive measures; additionally, it recommended for the States
to ensure that the laws against attacks respect the integrity and dignity of all women, and provide
protection to the victims; as well as to perform an investigation of the causes and effects of violence and
the effectiveness of the response measures; and that they enshrine efficient procedures for reparations,
including compensation.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents