53
it does not restore, in as much as is possible, the victim’s rights, it can be
ascertained that the State has not complied with the obligation to guarantee the
free and full exercise of those persons within its jurisdiction.188
141. The obligation to investigate, and where applicable, punish the serious
violations of human rights have been affirmed by all of the international systems
for the protection of human rights. In the universal system, the United Nations
Human Rights Committee established in its first cases that States must
investigate, in good faith, violations to the International Covenant on Civil and
Political Rights.189 Subsequently, it considered in its constant jurisprudence that
the criminal investigation and the ensuing prosecution are corrective measures
that are necessary for violations of human rights.190 In particular, in cases of
enforced disappearance, the Committee concluded that States must establish that
which has occurred to the disappeared victims and bring justice to those
responsible.191
142. In this same sense, the Committee against Torture of the United Nations
also decided that when there is reason to suspect acts of torture have occurred
against a person, the States must carry out investigations in an immediate and
impartial manner, administered by competent authorities.192
143. The former United Nations Commission on Human Rights recognized that
demanding the responsibility of the perpetrators of serious violations of human
rights is one of the essential elements for all effective reparations for the victims,
and “are a key factor in establishing a justice system that is fair, equitable, and in
short, that provides for reconciliation and just stability in all societies, including
those in conflict or post-conflict, and which pertain to the transitional
processes.”193
188
Cf. Case of Velásquez Rodríguez. Merits, supra note 25, para. 176; Case of Kawas Fernández
v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009 Series C No. 196, para. 76,
and Case of González et al. (“Cotton Field”), supra note 134, para. 288.
189
Cf. H.R.C. Case of Larrosa v. Uruguay. Communication No. 88/1981, Views adopted on 25
March 1983, para. 11.5, and H.R.C. Case of Gilboa v. Uruguay. Communication No. 147/1983, Views
adopted on 1 November 1985, para. 7.2.
190
Cf. H.R.C. Case of Sathasivam v. Sri Lanka. Communication No. 1436/2005, Views adopted
on 8 July 2008, para. 6.4; H.R.C. Case of Amirov v. Russian Federation. Communication No.
1447/2006, Views adopted on 2 April 2009, para. 11.2, and H.R.C. Case of Felipe and Evelyn Pestaño
v. The Philippines. Communication 1619/2007, Views adopted on 23 March 2010, para. 7.2.
191
Cf. H.R.C. Case of Bleier v. Uruguay. Communication 37/1978, Views adopted on 29 March
1982, para. 15; H.R.C. Case of Dermit v. Uruguay. Communication 84/1981, Views adopted on 21
October 1982, para. 11.a, and H.R.C. Case of Quinteros v. Uruguay. Communication 107/1981, Views
adopted on 25 March 1983, paras. 15 and 16.
192
Cf. C.A.T., Case of Qani Halimi-Nedzibi Vs. Austria. Communicatión No. 8/1991, Views
adopted on November 30, 1993, para. 13.5; C.A.T. Case of Saadia Ali v. Tunisia. Communication No.
291/2006, Views adopted on November 21, 2008, para. 15.7, and C.A.T. Case of Besim Osmani v.
Serbia. Communication No. 261/2005, Views adopted on May 8, 2009, para. 10.7.
193
Cf. Commission on Human Rights. Impunity. Order 2005/81, 61st period of sessions, U.N.
Doc. E/CN.4/RES/2005/81, of April 21, 2005. In the same sense, see also Commission on Human
Rights. Impunity. Orders: 2004/72, 60th period of sessions, U.N. Doc. E/CN.4/RES/2004/72, of April
21, 2004; 2003/72, 59th period of sessions, U.N. Doc. E/CN.4/RES/2003/72, of April 25, 2003;
2002/79, 58th period of sessions, U.N. Doc. E/CN.4/RES/2002/79, of April 25, 2002; 2001/70, 57th
period of sessions, U.N. Doc. E/CN.4/RES/2001/70, of April 25, 2001; 2000/68, 56th period of
sessions, U.N. Doc. E/CN.4/RES/2000/68, of April 27, 2000, and 1999/34, 55th period of sessions,
U.N. Doc. E/CN.4/RES/1999/34, of April 26, 1999.
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