59
effective investigation.236 This investigation must be carried out using all available legal
means with the aim of discovering the truth.
176. The Court has also indicated that Article 8 of the Convention reveals that the
victims of human rights violations, or their next of kin, should have wide-ranging
possibilities of being heard and taking part in the respective proceedings, both in order
to clarify the facts and punish those responsible, and also to seek due reparation.
Furthermore, the Court has indicated that the obligation to investigate and the
corresponding right of the alleged victims or the next of kin is not only evident from the
treaty-based provisions 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 conducts, as well as from the norms that permit the victims or their next of kin
to denounce or submit 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.237
177. In cases of violence against women, the general obligations established in
Articles 8 and 25 of the American Convention are complemented and enhanced by the
obligations arising for States parties from the specific obligations of the Inter-American
treaty, the Convention of Belem do Pará. Article 7(b) of this Convention specifically
obliges the States parties to apply due diligence to prevent, punish, and eradicate
violence against women. Thus, when an act of violence against a woman occurs, it is
particularly important that the authorities in charge of the investigation carry it out it in
a determined and effective manner, taking into account society’s obligation to reject
violence against women and the State’s obligation to eliminate it and to ensure that
victims trust the State institutions there for their protection.
178. On other occasions, this Court has defined the guiding principles that must be
observed in criminal investigations into human rights violations, and these may include,
inter alia: recovery and preservation of probative material in order to assist any potential
criminal investigation of the authors; identification of possible witnesses and obtaining
their statements, and determination of the cause, form, place and time of the act
investigated. In addition, the scene of the crime should be examined thoroughly, and
rigorous analysis should be performed by competent professionals, using the most
appropriate procedures.238 In cases of violence against women, several international
instruments describe and illustrate the enhanced State obligation to investigate them
with due diligence.239 Among other requirements, in the course of a criminal
investigation for rape: i) the victim’s statement should be taken in a safe and
comfortable environment, providing privacy and trust; ii) the victim’s statement should
be recorded so as to avoid or limit the need for repetition; iii) the victim should be
provided with medical, psychological and hygienic treatment, both on an emergency
basis, and continuously if required, under a protocol for such attention aimed at reducing
236
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations, and Costs. Judgment of
January 31, 2006. Series C No. 140, para. 143; Case of Perozo et al., v. Venezuela. Excepciones Preliminares,
Merits, Reparations and Costs. Judgment of January 28, 2009. Series C No. 195, para. 298, and Case of
González et al., (“Cotton Field”), supra note 21, para. 290.
237
Cf. As an example, the Federal Code of Criminal Procedure, Article 141, which recognizes the Rights of
the injured party in the preliminary investigation (section A), in the criminal procedure (section B), and during
the execution of punishments (section C), and the Criminal Procedure Code of the state of Guerrero, Article 5,
first paragraph, which recognizes the right of the victim or the injured party to contribute to the Public
Prosecutor, offering the judge, by way of conduct or directly, all the facts available to prove the assertions and
amount of harm and detriment caused by the crime.
238
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary Exceptions, Merits, Reparations, and
Costs. Judgment of June 7, 2003. Series C No. 99, para. 128; Case of Garibaldi, supra note 211, para. 115,
and Case of González et al., (“Cotton Field”), supra note 21, para. 300.
239
Cf. United Nations Office of the High Commissioner for Human Rights, Istanbul Protocol, supra note
39, inter alia, paras. 67, 77, 89, 99, 101 to 103, 155, 162, 163, 170, 171, 224, 225, 260, 269, and 290, and
W.H.O., Guidelines for medico-legal care for victims of sexual violence, supra note 39, inter alia, pages 17, 30,
31, 34, 39 to 44, and 57 to 74.
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