the logical lines of investigation; b) Investigate with due diligence, including all the elements
involved in the forced disappearance; c) identify and individualize the presumed intellectual and
material perpetrators; d) ensure that the competent authorities conduct the pertinent
investigations ex officio, and that they have available and use all the necessary logistical and
scientific resources to collect and process the evidence and, specifically, that they have the
authority to examine the relevant documentation and information in order to investigate the
denounced acts and to conduct, in a timely manner, the essential actions and inquiries to shed
light on what occurred; e) in view of the seriousness of the events and ongoing or permanent
nature of Mr. Núñez Naranjo's disappearance, by principle and in accordance with relevant
international law, provisions of statutes of application cannot be applied, nor can defenses of
liability be invoked as a pretext to hinder the investigation,178 and f) in the investigation into the
allegations of torture, the competent authorities must take into account the international standards
for documentation and interpretation of forensic evidence proving the commission of acts of
torture, particularly those defined in the "Manual on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.179
C.
Determination of the whereabouts of Mr. Fredy Núñez Naranjo
145. The Commission requested that the State be ordered to "[i]nvestigate [...] the whereabouts
of Fredy Marcelo Núñez and, if applicable, take the necessary measures to identify and
deliver his mortal remains to his relatives according to their wishes."
146. The representative did not address what was requested by the Commission.
147. The State reported that it has undertaken efforts aimed at complying with the
recommendations of the Commission. In this regard, it pointed out that the Prosecutor General's
Office was conducting investigations to gather evidence that would allow it to fulfill its international
obligations and punish those responsible for the disappearance of Mr. Fredy Núñez. It stated that
this investigation continues and that, for its effective compliance, "the State is operating in a
coordinated manner with all competent institutions, to clarify the facts" and judicial guarantees
and conventional standards have been met. Likewise, it pointed out some of the search procedures
that have been carried out (supra note 93).
148. In the instant case, the whereabouts of Mr. Núñez Naranjo are still unknown (supra para.
45). The Court ruled that the State violated the rights to truth, to a fair trial, and judicial protection
due to the insufficiency of the actions taken for their search (supra para. 120). The Court
emphasizes that Mr. Núñez Naranjo has been a victim of forced disappearance for nearly 22 years,
so it is a fair for his next of kin to have a reasonable expectation that his whereabouts would have
been identified, which makes it a necessary reparation measure generating the correlative duty
for the State to satisfy180 in order for the family to alleviate the anguish and suffering caused by
the uncertainty.181
Cf. Case of Garzón Guzmán et al. v. Ecuador, supra, para. 104, and Case of Movilla Galarcio et al. v. Colombia, supra,
para. 200.
179
Cf. Case of Vélez Loor v. Panama. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November
23, 2010. Series C No. 218, para. 270, and Case of Valencia Campos et al. v. Bolivia. Preliminary Objection, Merits,
Reparations, and Costs. Judgment of October 18, 2022. Series C No. 469, para. 313.
180
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C No. 29,
para. 69, and Case of Flores Bedregal et al. v. Bolivia, supra, para. 184.
181
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 155, andCase of Flores Bedregal et al. v. Bolivia, supra, para.
184.
178
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