83.
It should be recalled that the obligation to act, ex officio, in cases such as this one,
means that as soon as the State authorities are aware of the facts, they must initiate
immediately a serious, impartial and effective investigation by all available legal means
aimed at determining the truth and at the pursuit, capture, prosecution and eventual
punishment of those responsible.108 This obligation to investigate is required “whosoever the
agent to whom the violation may eventually be attributed, even private individuals, because,
if their acts are not investigated seriously, such acts would, to a certain extent, be assisted
by the public authorities, which would entail the State’s international responsibility.” 109
84.
In this context, it is worth noting that the obligation to investigate is an obligation of
means and not of results. Despite this, the investigation must be assumed by the State as its
inherent legal obligation and not as a mere formality predestined to be unsuccessful.110
During the investigations, omissions in following up on logical lines of investigation must be
avoided.111
85.
In light of the foregoing, and considering the arguments presented by the
Commission and the parties, the Court must determine whether the actions undertaken by
the State to discover the whereabouts of Mr. Palma Mendoza, as well as to investigate,
prosecute and, as appropriate, punish those responsible for his deprivation of liberty and
subsequent death, satisfied the right of his next of kin to have access to justice and to know
what happened to Mr. Palma Mendoza. Both aspects are closely interrelated, and usually
have a reciprocal impact.
2.2
Applications for habeas corpus filed in this case
86.
Before analyzing this aspect, it should be noted that, with regard to the measures
taken in the search for Mr. Palma Mendoza, the case has special characteristics as regards
the two applications for habeas corpus that were filed.
87.
The Commission and the representatives argued the State’s supposed failure to
comply, to the detriment of Mr. Palma’s next of kin, with its obligation consisting in providing
them with a real possibility of filing a legal remedy that would be simple, prompt and
effective against acts that violated the Convention, and which would have allowed the
required judicial protection to be obtained. The Commission also considered that, since the
processing of this type of remedy was not assigned to a judicial authority, the State failed to
comply with Article 2 of the treaty (supra para. 67). Neither the Commission nor the
representatives identified Mr. Palma as a presumed victim (supra paras. 1 and 3 and
footnote 1), or allege a hypothetical violation of Article 7(6) of the Convention.
88.
The Court notes that, according to the facts of the case (supra paras. 34 and 27),
even in the hypothesis that it could be inferred that, when the applications for habeas corpus
108
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31,
2006. Series C No. 140, para. 143, and Case of Pacheco Teruel v. Honduras. Merits, reparations and costs. Judgment
of April 27, 2012. Series C No. 241, para. 128.
109
Case of Velásquez Rodríguez v. Honduras. Merits, para. 177, and Case of González Medina and family
members v. Dominican Republic, para. 206.
110
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 177, and Case of Pacheco Teruel v. Honduras,
para. 241.
111
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs. Judgment of March 1,
2005. Series C No. 120, paras. 88 and 105, and Case of González Medina and family members v. Dominican
Republic, para. 232.
28
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