-102c) The obligation to investigate the facts effectively derived from the guarantee obligation 142. The obligation to ensure the human rights enshrined in the Convention is not exhausted with the existence of laws designed to make it possible to comply with this obligation, but entails the need for conduct by the Government that ensures the genuine existence of an effective guarantee of free and full exercise of human rights (supra para. 120). Thus, the obligation to investigate cases of violations of these rights arises from this general obligation of guarantee; in other words, Article 1(1) of the Convention, together with the substantive right that must be protected or ensured. 143. In particular, since full enjoyment of the right to life is a prior condition for the exercise of all the other rights (supra paras. 119 and 120), the obligation to investigate any violations of this right is a conditions for ensuring this right effectively. Thus, in cases of extrajudicial executions, forced disappearances and other grave human rights violations, the State has the obligation to initiate, ex officio and immediately, a genuine, impartial and effective investigation,213 which is not undertaken as a mere formality predestined to be ineffective.214 This investigation must be carried out by all available legal means with the aim of determining the truth and the investigation, pursuit, capture, prosecution and punishment of the masterminds and perpetrators of the facts, particularly when State agents are or may be involved.215 144. Evidently, during the investigation procedure and the judicial proceedings, the victims of the human rights violations, or their next of kin, should have extensive opportunities to participate and be heard, both in the clarification of the facts and the punishment of those responsible, and in seeking fair compensation.216 However, the investigation should be assumed by the State as an inherent juridical obligation and not merely as a reaction to private interests, which depend on the procedural initiative of the victims or their next of kin and on the contribution of evidence by private individuals, while the public authority is not making an effective effort to discover the truth.217 145. The execution of an effective investigation is a fundamental and conditioning element for the protection of certain rights that are affected or annulled by these situations, such as, in the instant case, the rights to personal liberty, humane treatment and life. This assessment is valid whatsoever the agent to which the violation may eventually be attributed, even individuals, because, if their acts are not 213 Cf. Case of the “Mapiripán Massacre”, supra note 7, paras. 219 and 223; Case of the Moiwana Community, supra note 7, para. 145, and Case of the Gómez Paquiyauri Brothers, supra note 188, para. 131. 214 Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 223; Case of the Moiwana Community, supra note 7, para. 146; Case of the Serrano Cruz Sisters. Judgment of March 1, 2005. Series C No. 120, para. 61, and Case of Bulacio, supra note 192, para. 112. 215 Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 237; Case of the Moiwana Community, supra note 7, para. 203, and Case of the Serrano Cruz Sisters, supra note 214, para. 170. 216 Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 219; Case ofhe Moiwana Community case, supra note 7, para. 147, and Case of the Serrano Cruz Sisters, supra note 214, para. 63. 217 Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 219; Case of the Moiwana Community, supra note 7, para. 146, and Case of the Serrano Cruz Sisters. supra note 214, para. 61.

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