113. Additionally, it can be derived from Article 8 of the Convention that the victims of
human rights violations or their relatives must have ample opportunity to be heard and
to take action in the corresponding proceedings, both in the clearing up of the facts and
punishment of those responsible, as well as in the search for due redress. Likewise, the
Court has found that the States have the obligation to provide effective judicial remedies
to individuals who allege having been the victims of human rights violations (Article 25),
remedies that must be established in keeping with the rules of due process (Article
8(1)), all within States’ general obligation to guarantee the free and full exercise of the
rights granted by the Convention to all individuals under its jurisdiction (Article 1(1)). 111
114. In addition, when an enforced disappearance is at issue, and as one of its
objectives is to prevent the exercise of legal remedies and the pertinent procedural
guarantees, if the victim cannot access the available remedies, it is crucial for family
members or other individuals close to the victim to be able to access prompt and
efficient judicial proceedings or remedies as a means for determining the victim’s
whereabouts or state of health or to identify the authority that ordered the deprivation of
liberty or carried it out. 112
115. Consequently, the Court has found that whenever there is enough reason to
suspect that a person has been subjected to an enforced disappearance, a criminal
investigation must be launched. 113 This obligation is independent of a complaint being
brought, as in cases of enforced disappearance, international law and the general duty to
guarantee impose an obligation to investigate the case ex officio, without delay, and in a
serious, impartial and effective manner. 114 The investigation must therefore be carried
out using all legal means available and oriented toward determining the truth, as well as
toward pursuing, capturing, prosecution, and possibly punishing all the perpetrators of
and masterminds behind the facts, especially when agents of the State are or could be
involved. 115 All State authorities, public officials, or private parties who have learned
about actions taken to forcibly disappear persons must in every case report them
immediately. 116
116. The right to access to justice requires that the determination of the facts under
investigation be made effective - along with the corresponding criminal liabilities, where
appropriate - in a reasonable period of time. For this reason, attending to the need to
guarantee the rights of injured individuals, an extended delay can end up in itself
constituting a violation of judicial guarantees. 117 In addition, when an enforced
disappearance is at issue, the right to access to justice includes the right to have the
investigation into the facts determine the fate or whereabouts of the victims. 118
111
Cf. Case of Vera Vera et al. V. Ecuador, supra note 17, para. 86.
112
Cf. Case of Anzualdo Castro V. Perú, supra note 71, para. 64; Case of Ibsen Cárdenas and Ibsen Peña
V. Bolivia, supra note 14, para. 64, and Case of Gelman V. Uruguay, supra note 76, para. 185.
113
Cf. Case of Radilla Pacheco V. México, supra note 23, para. 143; Case of Gomes Lund et al.
(Guerrilha do Araguaia) V. Brazil, supra note 70, para. 108, and Case of Gelman V. Uruguay, supra note 76,
para. 186.
114
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations and Costs. Judgment of
January 31, 2006. Series C No. 140, para. 143; Case of Gomes Lund et al. (Guerrilha do Araguaia) V. Brazil,
supra note 70, para. 108, and Case of Gelman V. Uruguay, supra note 76, para. 186.
115
Cf. Case of Ibsen Cárdenas and Ibsen Peña V. Bolivia, supra note 14, para. 155.
116
Cf. Case of Anzualdo Castro V. Perú, supra note 71, para. 65; Case of Ibsen Cárdenas and Ibsen Peña
V. Bolivia, supra note 14, para. 65, and Case of Gelman V. Uruguay, supra note 76, para. 186.
117
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 Chitay Nech et al. V. Guatemala, supra
note 69, para. 196, and Case of Ibsen Cárdenas and Ibsen Peña V. Bolivia, supra note 14, para. 152.
118
Cf. Radilla Pacheco V. México, supra note 23, para. 191, and Case of Ibsen Cárdenas and Ibsen Peña
V. Bolivia, supra note 14, para. 152.
36
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