128
the respective facts.292As the Court has stated, “[w]henever there has been a human
rights violation, the State has a duty to investigate the facts and punish those
responsible, [...] and this obligation must be complied with seriously and not as a
mere formality.”293
274. The Court has reiterated that every person, including the next of kin of the
victims of grave violations of human rights, has the right to the truth. Therefore, the
next of kin of the victims and society as a whole must be informed of everything that
has happened in connection with said violations. This right to the truth has been
developed by International Human Rights Law;294 recognized and exercised in a
concrete situation, it constitutes an important means of reparation. Therefore, in this
case it gives rise to an expectation that the State must satisfy for the next of kin of
the victim and Guatemalan society as a whole.295
275. In light of the above, to completely redress this aspect of the violations
committed, the State must effectively investigate the facts in the instant case, so as
to identify, try, and punish all the direct perpetrators and accessories, and the other
persons responsible for the extra-legal execution of Myrna Mack Chang, and for the
cover-up of the extra-legal execution and of the other facts in the instant case, aside
from the person who has already been punished for these facts. The outcome of the
proceeding must be made known to the public, for Guatemalan society to know the
truth.
276. The Court notes that the State must ensure that the domestic proceeding to
investigate and punish those responsible for the facts in this case attains its due
effects and, specifically, it must abstain from resorting to legal concepts such as
amnesty, extinguishment, and the establishment of measures designed to eliminate
responsibility. In this regard, the Court has already pointed out that:
[...] all amnesty provisions, provisions on prescription and the establishment of
measures designed to eliminate responsibility are inadmissible, because they are
intended to prevent the investigation and punishment of those responsible for serious
human rights violations such as torture, extrajudicial, summary or arbitrary execution
292
Cf. Trujillo Oroza Case. Reparations, supra note 277, para. 100; Cantoral Benavides Case,
Reparations, supra note 248, para. 69; and “Street Children” Case (Villagrán Morales et al.). Reparations,
supra note 277, para. 100.
293
Cf. Trujillo Oroza Case. Reparations, supra note 277, para. 100; Cantoral Benavides Case,
Reparations, supra note 248, para. 69; and Cesti Hurtado Case. Reparations, supra note 277, para. 62.
294
Cf. Trujillo Oroza Case. Reparations, supra note 277, para. 114; Bámaca Velásquez Case.
Reparations, supra note 277, para. 76. See, for example, United Nations Human Rights Committee,
Quinteros v. Uruguay, Communication No. 107/1981, decision of 21 July 1983; United Nations, Human
Rights Committee, Subcommittee on Prevention of Discrimination and Protection of Minorities, 49th
Session, Informe final revisado acerca de la cuestión de la impunidad de los autores de violaciones de los
derechos humanos (derechos civiles y políticos) preparado por L. Joinet, UN General Assembly Doc.
E/CN.4/Sub.2/1997/20/Rev.1; United Nations, Human Rights Committee, Subcommittee on Prevention of
Discrimination and Protection of Minorities, 45th Session, Estudio relativo al derecho de restitución,
indemnización y rehabilitación a las víctimas de violaciones flagrantes de los derechos humanos y las
libertades fundamentales, final Report submitted by Theo van Boven, Special Rapporteur, E/CN.4/Sub
.2/1993/8.
295
Cf. Trujillo Oroza Case. Reparations, supra note 277, para. 114; Bámaca Velásquez Case.
Reparations, supra note 277, para. 76; and Castillo Páez Case, Judgment of November 3, 1997. Series C
No. 34, para. 90.
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