36
depends upon the initiative of the victim or his family or upon their offer of proof,
without an effective search for the truth by the Government.”58
78.
The Court has repeatedly stated that the family members of victims of
serious human rights violations, have the right to know the truth about such
violations. This right to the truth, once recognized and exercised in a specific
situation, it constitutes an important means of reparation for victims and their next
of kin and creates an expectation that the State must fulfill. On the other hand,
knowing the truth enables Peruvian society to explore possible avenues to prevent
this type of violations in the future.59
79.
Therefore, the victims’ next of kin have the right ─and the State has the
duty─ to have what happened to them effectively investigated by government
authorities, that the alleged perpetrators be prosecuted and, if applicable, punished
as due, and that the damages sustained by such next of kin be redressed.60
80.
In response to Mr. Santiago Gómez-Palomino’s forced disappearance, the
first remedy the State should have afforded was an effective investigation and
judicial proceedings leading to discovery of the facts, punishment of those
responsible and appropriate compensation. This Court has established that the
investigation States must initiate is to be undertaken ex officio, without delay and
with due diligence,61 which means that the investigating body must take, within a
reasonable time, all such steps as may be necessary to, at least, ascertain the facts.
81.
The State recognized that it failed to initiate an effective investigation as
soon as Mr. Gomez-Palomino’s forced disappearance was reported, in violation of
the obligation arising from Articles 8 and 25 of the American Convention (supra
para. 71). Peru claimed that this state of affairs prevailed only until the
commencement of the transition towards democracy (supra para. 71). However,
according to the body of evidence and the acquiescence to the facts by the State
(supra para. 30), the Court notices with great concern the very limited steps taken
by the State since 2002, when the investigation was reopened by the Office of the
Attorney General, to date.
82.
The Court finds that it has been established (supra paras. 54.14 to 54.16
and 54.19) that, in 2001, the Fiscalía Provincial Especializada de Lima (Specialized
Provincial Office of the Prosecutor of Lima) was ordered to reopen the investigation
into Mr. Gómez-Palomino’s forced disappearance. In the course of said investigation
the statement of one of the members of the “Colina Group” was taken, who deposed
58
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 219; Case of Moiwana Community,
supra note 3, para. 146; and Case of the Serrano-Cruz sisters, supra note 51, para. 61.
59
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 297; Case of Moiwana Community,
supra note 3, para. 203 and 204; and Case of 19 Tradesmen, supra note 51, para. 259.
60
Cf. Case of Moiwana Community, supra note 3, para. 205; Case of the Serrano-Cruz sisters,
supra note 51, para. 64; and Case of 19 Tradesmen, supra note 51, para. 187.
61
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 223; Case of Moiwana Community,
supra note 3, para. 145; and Case of the Serrano-Cruz sisters, supra note 51, para. 65.
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