3 E. Investigation and judicial proceedings opened in connection with the facts of this case 34 F. Proceedings related to the search, recovery and identification of human skeletal remains in the abandoned “Misteriosa” or “Vallarón” mine (Supra-Provincial Criminal Prosecutor’s Office of Huancavelica - File No. 2008-61-0) 42 G. Alleged cover-up mechanisms, lack of due diligence and irregularities in the capture of the absentee defendants and the forensic procedures 44 IX MERITS 45 RIGHTS TO PERSONAL LIBERTY, PERSONAL INTEGRITY, LIFE AND RECOGNITION OF JURIDICAL PERSONALITY, AS WELL AS THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN ....... 45 A. Arguments of the Commission and the parties 46 B. Considerations of the Court 48 C. Determination of the occurrence of the alleged forced disappearances and their continuation over time in the present case 57 D. Alleged violations of Articles 7, 5(1), 5(2), 4(1), 3, 11, 17 and 19 of the American Convention relating to the forced disappearances 58 IX.II RIGHTS TO PROPERTY AND TO PRIVATE AND FAMILY LIFE ................................. 60 A. Arguments of the Commission and the parties 60 B. Considerations of the Court 61 IX.III RIGHT TO JUDICIAL GUARANTEES, JUDICIAL PROTECTION AND TO PERSONAL LIBERTY, AND ARTICLE I.b OF THE INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS, AS WELL AS ARTICLES 1, 6 AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE .......................................................................... 63 A. Arguments of the Commission and of the parties 63 B. Considerations of the Court 65 B.1. Due diligence in the initial investigative proceedings 66 B.2. The effectiveness of the habeas corpus remedy 69 B.3. Obstructions in the investigations 71 B.4. Lack of due diligence in the proceedings initiated after the reopening of the case 75 B.5. Right to know the truth 77 B.6. General conclusion 81 IX.IV RIGHT TO PERSONAL INTEGRITY OF THE NEXT OF KIN OF DISAPPEARED PERSONS A. Arguments of the Commission and of the parties A. Considerations of the Court X REPARATIONS (Application of Article 63(1) of the American Convention) A. Injured party 81 81 82 84 85