more than twenty years since the disappearance of Mr. Núñez, added to the acknowledgment of
partial state responsibility for the violation of rights to a fair trial and to judicial protection."
103. By virtue of the foregoing, it concluded that Ecuador violated Articles 8(1) and 25(1) of the
American Convention, in relation to Article 1(1) of the same instrument, as well as Article I(b) of
the IACFDP, to the detriment of Fredy Núñez Naranjo and his family members.
104. The representative did not expressly refer to the alleged violations discussed in this section.
105. Regarding the alleged violation of the immediate search obligation, the State noted that, at
the time when Sixto Núñez filed the complaint, the State "was already investigating the
whereabouts of Mr. Fredy Núñez." On the other hand, the State did not provide specific arguments
aimed at disproving the violation of Article I (b) of the IACFDP even though, in its final allegations,
it withdrew the preliminary exception ratione temporis raised in the answering brief regarding such
violation.
B.
Considerations of the Court
106. States have a legal duty to take reasonable steps to prevent human rights violations and to
use the means at their disposal to carry out a serious investigation of violations committed within
their jurisdictions, to identify those responsible, to impose the appropriate punishment and to
ensure the victim adequate compensation.135 In particular, when it comes to investigating
violations against individuals who were under state custody, the relevant authorities have the duty
to initiate, ex officio and without delay, a serious, independent, impartial, and effective
investigation, that is, with due diligence, substantiated by all available legal means and aimed at
determining the truth.136 Such characteristics of the duty to investigate are even more applicable
in cases of potential forced disappearance of a person.137
107. In response to this particular violation, in addition to the duty of due diligence and the duty
to punish those responsible, the Court has emphasized the existence of an autonomous obligation
to search for and locate the disappeared persons who have been subject to forced disappearance,
derived from Articles 8(1) and 25(1) of the American Convention, Article X of the IACFDP, and the
International Convention on Forced Disappearance of Persons.138 This duty has also been
expanded upon by the United Nations Committee on Enforced Disappearances139 and by the
135
Cf. Case of Velásquez Rodríguez v. Honduras, supra, para. 174, and Case Members and Militants of the Patriotic
Union v. Colombia,, supra, para. 264.
136
Cf. Case of Velásquez Rodríguez v. Honduras, supra, para. 177, and Case of Isaza Uribe et al. v. Colombia,, supra,
para. 150.
137
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 80, and Case of Garzón Guzmán et al. v. Ecuador. Merits,
Reparations, and Costs. Judgment of September 1, 2021. Series C No. 434, para. 69.
138
Cf. Case of Garzón Guzmán et al. v. Ecuador, supra, para. 75, and Case of Flores Bedregal et al. v. Bolivia, supra,
para. 121. In that sense, the International Convention for the Protection of All Persons from Enforced Disappearance
adopted by the United Nations General Assembly on December 20, 2006, in its Articles 15, 19(1), 24(2), 24(3), 25(2) and
25(3), refers to the obligation to search for and locate disappeared persons in a precise and differentiated manner with
respect to criminal investigation.
139
Cf. Committee on Enforced Disappearance, Final observations on the report presented by Spain under Article 29,
paragraph 1, of the Convention, UN Doc. CED/C/ESP/CO/1, December 12, 2013, para. Article 32, Committee on Enforced
Disappearances, Final observations on the report presented by Burkina Faso under Article 29, paragraph 1, of the
Convention, UN Doc. CED/C/BFA/CO/1, May 24, 2016, para. 40; Committee on Enforced Disappearances , Final
observations on the report presented by Honduras under Article 29, paragraph 1, of the Convention, UN Doc.
CED/C/HND/CO/1, of May 25, 2018, para. 30.f., and Committee on Enforced Disappearance, Final observations on the
report presented by Chile under Article 29, paragraph 1, of the Convention, UN Doc. CED/C/CHL/CO/1, April 18, 2019,
para. 27.a.
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