B.
Right to judicial guarantees and judicial protection (Articles 8.1, 99and 25.1.100 of the
American Convention in conjunction with Article 1.1 thereof)
95.
According to the consistent case law of the organs of the inter-American system, as a result of
the protection granted by Articles 8 and 25 of the Convention, the States are obliged to provide effective judicial
recourses to the victims of human rights violations that must be substantiated in accordance with the rules of
due process of law.101 Furthermore, the Court has held that the right of access to justice should ensure, within a
reasonable time, the right of the alleged victims or their next of kin to have everything necessary done to learn
the truth about what happened and to investigate, try and, as appropriate, punish those responsible.102 That
obligation, which relates to means rather than to results, must be assumed by the State as its own legal duty and
not as a mere formality preordained to be ineffective.103
96.
Thus, the State has the obligation to ensure that "each State act that comprises the
investigation proceeding, and the entire investigation in itself, should be oriented at a specific purpose: the
determination of the truth and the investigation, finding, arrest, prosecution and, if applicable, punishment of
those responsible for the events.”104
97.
In addition, the investigation must be serious, impartial, and effective and directed toward
ascertaining the truth and finding, arresting, trying and, where applicable, punishing the perpetrators.105 The
aforementioned obligation holds “regardless of what agent (even a private party) is eventually found
responsible for the violation. Where the acts of private parties that violate the Convention are not seriously
investigated, those parties are aided in a sense by the government, thereby rendering the State
internationally responsible”106 Likewise, due diligence requires that the investigating body perform all the
actions and inquiries needed to achieve the sought-after outcome. Otherwise, the investigation is not effective
under the terms of the Convention.107
99 Article 8.1 of the American Convention: Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.
100 Article 25.1 of the American Convention: Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution
or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the
course of their official duties.
101 I/A Court HR. Case of Rodríguez Vera et al. (Persons Disappeared from the Palace of Justice) v. Colombia. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 14, 2014. Series C No. 287, par. 435.
102 I/A Court HR. Case of Human Rights Defender et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs. Judgment
of August 28, 2014. Series C No. 283, par. 199.
103 I/A Court HR. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and Costs.
Judgment of July 10, 2007. Series C No. 167, par. 131.
104 IACHR, Report 85/13, Case 12.251, Admissibility and Merits,Vereda la Esperanza, Colombia, November 4, 2013, par. 242.
I/A Court HR. Case of Kawas-Fernández v. Honduras. Merits, Reparations, and Costs. Judgment of Friday, April 03, 2009, Series C No. 196,
par. 101.
105 I/A Court HR. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of June
7, 2003. Series C No. 99, par. 127.
106 I/A Court HR. Case of Espinoza Gonzáles v. Perú. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 20, 2014. Series C No. 289, par. 238.
107 I/A Court HR. 227; and Case of the Serrano Cruz Sisters v. El Salvador. Merits, Reparations, and Costs. Judgment of March 1, 2005.
Series C No. 120, par. 83.
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