58
torture in the Criminal Code of the state of Guerrero, they concluded that the State had
failed to comply with the obligations established in Articles 1, 6, and 8 of the Convention
Against Torture, in relation with Articles 1(1) and 2 of the American Convention.
172. In the answer to the application, the State, based on different arguments, denied
that it had violated Mrs. Rosendo Cantú’s rights to judicial guarantees and judicial
protection. Subsequently, the State made a partial acknowledgement of its international
responsibility concerning the right to judicial guarantees and to judicial protection (supra
paras. 14 and 18), even though it asked the Court to rule on certain specific points, “in
its analysis of the scope of the obligations of the State in the context of Articles 8(1) and
25 of the American Convention.” (infra paras. 187 to 192).
173. On the other hand, Mexico denied the violation of the Convention of Belém do
Pará regarding the investigation of the facts and presented information regarding “the
actions progressively carried out to guarantee the promotion and respect of the human
rights of women,” so as to “corroborate […] the compliance of its conventional
obligations enshrined in Articles 1(1) and 2 of the [American Convention], in relation
with Article 7 of the [Convention of Belem do Para].” The State referred to various public
policy initiatives implemented in order to “reach a level of [progressive] protection,
prevention, and punishment of [all] the acts […] of discrimination and violence against
women in all of its forms.” Regarding the alleged violation of the Inter-American
Convention to Prevent and Punish Torture, the State of Mexico observed that, “the
constituent objective and subjective elements of torture have not been gathered to be
able to condemn the State for its omission,” and requested the Court to determine “the
inexistence of violations of Articles 1, 6, and 8 of the Convention [against Torture].”
*
*
*
174. The Court notes that Mexico acknowledged its international responsibility in
relation to Articles 8 and 25 of the American Convention for the following facts: the lack
of timely and specialized medical care at the time she filed her criminal complaint, the
lack of specialized attention given her status as a female minor of age at the time the
criminal complaint was filed, and the delay in the integration of the investigations and
the impacts to her mental integrity because of said delay in the investigation.
Nevertheless, it affirmed that it had not violated other rights established in the American
Convention, or in any other Inter-American legal instrument (supra para. 17).
Consequently, the Court still needs to determine certain facts and to decide the dispute
with regard to whether the criminal investigation failed to comply with unacknowledged
aspects of the guarantees arising from Articles 8(1) and 25(1) of the American
Convention, in relation to Articles 1(1) and 2 thereof, and also Article 7 of the
Convention of Belém do Pará and Articles 1, 6, and 8 of the Inter-American Convention
to Prevent and Punish Torture.
175. The Court recalls that the obligation to investigate human rights violations is one
of the positive measures that States must adopt to guarantee the rights established in
the Convention.234 The obligation to investigate is an obligation of means rather than
results. However, it must be undertaken by the State as an inherent legal obligation and
not as a mere formality preordained to be ineffective, or as a step taken by private
interests that depends upon the procedural initiative of the victims or their next of kin,
or upon their offer of proof.235 In light of this obligation, once State authorities are aware
of an incident, they should initiate ex officio and without delay, a serious, impartial, and
234
Cf. Cf. Case of Velásquez Rodríguez. Merits, supra note 33, paras. 166 and 176; Case of Valle
Jaramillo et al., v. Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C No.
192, para. 98, and Case of Garibaldi, supra note 211, para. 112.
235
Cf. Case of Velásquez Rodríguez. para, supra note 33, para. 177; Case of Radilla Pacheco, supra note
36, paras. 192 and 233, and Case of Chitay Nech et al., supra note 25, para. 192
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