58
A1.
Regarding the lack of a diligent and effective investigation in the criminal realm
190. The Court has considered that the State is in the obligation to provide effective
judicial recourses to the people that argue they are the victims of violations of human rights
(Article 25), recourses that shall be substantiated pursuant with the rules of the due process
of law (Article 8(1)), all within the general obligation, that falls upon the same States, to
guarantee the free and full exercise of the rights acknowledged by the Convention to all
those people under its jurisdiction (Article 1(1)).195
191. The right to a fair trial requires that the determination of the facts under investigation
and, if it were the case, of the corresponding criminal responsibilities be made effective in a
reasonable period of time, reason for which, in attention to the need to guarantee the rights
of the affected parties,196 a prolonged delay can constitute, in itself, a violation of the right to
a fair trial.197 Additionally, since it is a forced disappearance, the right to a fair trial includes
that the investigation of the facts try to determine the fate or whereabouts of the victim
(supra para. 143).
192. Even though the Court has established that the duty to investigate is one of means
and not results,198 this does not mean, however, that the investigation may be carried out as
“a mere formality condemned beforehand to be unsuccessful.”199 In this regard, the Tribunal
has established that “each of the state’s actions that make up the investigation process, as
well as the investigation in its totality, shall be oriented toward a specific purpose, the
determination of the truth and the investigation, persecution, capture, trial, and if it were the
case, the punishment of those responsible for the facts.” 200
193. Now we shall analyze if the State has carried out the criminal investigations with due
diligence and within a reasonable period of time, and if they have been effective recourses
that can guarantee the alleged victims’ right to a fair trial. For that effect, the Tribunal will
examine the corresponding domestic proceedings.
(a)
First criminal accusations: 1992-1999
Valadez Sanabria before notary public (affidavit) on June 18, 2009 (dossier of merits, volume IV, folios 1422
through 1423).
195
Cf. Case of Velásquez Rodríguez v. Honduras, supra note 32, para. 91; Case of Kawas Fernández v.
Honduras, supra note 40, para. 110, and Case of Anzualdo Castro v. Peru, supra note 44, para. 122.
196
Cf. Case of Bulacio v. Argentina, supra note 25, para. 114; Case of Kawas Fernández v. Honduras, supra
note 40, para. 112, and Case of Anzualdo Castro v. Peru, supra note 44, para. 124.
197
Cf. Case of Hilaire, Constantine, and Benjamin et al. v. Trinidad and Tobago. Merits, Reparations, and
Costs. Judgment of June 21, 2002. Series C No. 94, para. 145; Case of Valle Jaramillo et al. v. Colombia. Merits,
Reparations, and Costs. Judgment of November 27, 2008. Series C No. 192, para. 154, and Case of Anzualdo
Castro v. Peru, supra note 44, para. 124.
198
Cf. Case of Velásquez Rodríguez v. Honduras, supra note 24, para. 177; Case of Kawas Fernández v.
Honduras, supra note 40, para. 101, and Case of Heliodoro Portugal v. Panama, supra note 24, para. 144.
199
Cf. Case of Velásquez Rodríguez v. Honduras, supra note 24, para. 177; Case of Kawas Fernández v.
Honduras, supra note 40, para. 101, and Case of Heliodoro Portugal v. Panama, supra note 24, para. 123.
200
Cf. 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, para. 131, and Case of Kawas Fernández v. Honduras,
supra note 40, para. 101.
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