the violation of the same rights of his parents owing to “all the acts and omissions committed
by the State during the investigation process.” They indicated that “the judicial authorities did
not conduct a serious and effective investigation aimed at determining the truth and at the
pursuit, capture, prosecution and eventual punishment of the perpetrators” and, therefore,
they “failed to comply with their obligation of due diligence in the criminal investigation in this
case.” In addition, the representatives considered that the State had failed to comply with the
guarantee of a reasonable time owing to the more than 22 years that had passed since the
report of Mr. Gómez Virula’s disappearance and his death. They added that the State had not
presented any justification based on the complexity of the matter, the procedural activity of
the interested party, or the conduct of the judicial authorities.
63. The State argued that the information contained in the report of Mr. Gómez Virula’s
disappearance was “extremely inconsistent” and that this inconsistency introduced an element
of complexity into the matter. It indicated that neither the members of Mr. Gómez Virula’s
family, nor the representatives, UNSITRAGUA or any labor union or human rights defense
organization “subsequently provided relevant and appropriate information that could lead to
identifying and individualizing the presumed masterminds and perpetrators of Mr. Gómez
Virula’s disappearance and death.” The State also argued that Article 25(1) had not been
violated because, according to new documents provided by the State, “following the report
made by the members of Mr. Gómez Virula’s family, the corresponding investigation process
had been opened.”
B.
Considerations of the Court
64. The Court has repeatedly indicated that States Parties are obliged to provide effective
judicial remedies to the victims of human rights violations (Article 25), which must be
substantiated in keeping with the rules of due process of law (Article 8(1)), all of this under
the general obligation of those States to ensure the free and full exercise of the rights
recognized by the Convention to all persons subject to their jurisdiction (Article 1(1)).106
65. The obligation to investigate is an obligation of means rather than of results that must
be assumed by the State as its own legal duty, and not as a mere formality preordained to be
ineffective, or as a step taken by private interests that depends upon the initiative of the victim
or his family or upon their offer of proof.107 The investigation must be serious, objective and
effective and be addressed at determining the truth and the pursuit, capture and eventual
prosecution and punishment of the perpetrators. 108 In addition, the obligation to investigate
remains whosoever the agents to whom the violation may eventually be attributed, even if
they are private individuals because, if their acts are not investigated seriously, those
individuals are aided in a sense by the public authorities, thereby engaging the international
responsibility of the State.109
66. Based on the foregoing, the Court will examine the due diligence in the investigation,
and the time this took, in order to determine whether the State is responsible for the violation
106
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series C
No. 1, para. 91, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits,
reparations and costs. Judgment of November 28, 2018. Series C No. 371, para. 267.
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 177,
and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of
October 10, 2019. Series C No. 384, para. 175.
107
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, para. 127, and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary
objection, merits, reparations and costs. Judgment of October 10, 2019. Series C No. 384, para. 175.
108
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 177,
and Case of V.R.P., V.P.C. et al. v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of
March 8, 2018. Series C No. 350, para. 151.
109
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