68
188. The obligation to investigate and the corresponding right of the alleged
victims or the next of kin is not only evident from the conventional [treaty-based]
norms of international law that are binding for the State Parties, but also arise from
domestic law regarding the obligation to investigate ex officio certain unlawful
conduct, as well as from the norms that permit the victims or their next of kin to
denounce or file complaints, evidence or petitions, or take any other measure in
order to play a procedural role in the criminal investigation so as to establish the
truth of the facts. 223
189. The mentioned international obligation to prosecute, and if criminal
responsibility is determined, punish the perpetrators of the human rights violations,
is encompassed in the obligation to respect rights enshrined in Article 1(1) of the
American Convention and implies the right of the States Parties to organize all of the
governmental apparatus, and in general, all of the structures through which the
exercise of public power is expressed, in a way such that they are capable of legally
guaranteeing the free and full exercise of human rights. 224
190. As part of this obligation, the States must prevent, investigate, and punish all
violations of the rights recognized in the Convention, and seek, in addition, the
reestablishment, if possible, of the violated right and, where necessary, repair the
damage caused by the violation of human rights. 225
191. If the State’s apparatus functions in a way that assures the matter remains
with impunity, and it does not restore, in as much as is possible, the victim’s rights,
it can be ascertained that the State has not complied with the obligation to
guarantee the free and full exercise of those persons within its jurisdiction. 226
192. The satisfaction of the collective dimension of the right to truth requires the
procedural determination of the most complete historical record possible. This
determination must include a description of the patterns of joint action and should
identify all those who participated in various ways in the violations and their
corresponding responsibilities. 227
223
Cf. Case of Cabrera García and Montiel Flores, supra note 16, para. 192, and Case of Gomes Lund
et al. (Guerrilha do Araguaia), supra note 16, para. 139.
224
Cf. Case of Velásquez Rodríguez. Merits, supra note 20, para. 166; Case of Ibsen Cárdenas and
Ibsen Peña, supra note 9, para. 65; Case of The Dos Erres Massacre, supra note 127, para. 234, and Case
of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 140.
225
Cf. Case of Velásquez Rodríguez. Merits, supra note 20, para. 166; Case of Garibaldi V. Brazil.
Preliminary Objections, Merits, Reparations and Costs. Judgment of September 23, 2009. Series C No.
203, para. 112, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 140.
226
Cf. Case of Velásquez Rodríguez. Merits, supra note 20, para. 176; Case of González et al.s
(“Campo Algodonero”), supra note 79, para. 288, and Case of Gomes Lund et al. (Guerrilha do Araguaia),
supra note 16, para. 140.
227
Cf. Case of of the Rochela Massacre V. Colombia. Merits, Reparations and Costs. Judgment of
May 11, 2007. Series C No. 163, para. 195; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para.
158, and Case of Chitay Nech et al., supra note 63, para. 234.
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