few meters from the main square in Cajatambo. On the other hand, it stated that “these factors
alone do not prove with certainty that the accused ordered or executed actions that resulted in the
disappearance of the victim; especially when there is evidence that proves his version of the
facts,” 325 without then assessing the evidence that supported the accused’s version of the events in
relation to the “indications of the perpetration of the offense.”
198. In the instant case, the Court considers that the relationship is evident between, on the one
hand, the application of the principle of in dubio pro reo and the argument of the lack of certainty
about the authorship of the enforced disappearance that led to the acquittal of the only person
accused and, on the other hand, the prolonged inactivity at certain periods of the investigation, as
well as the lack of due diligence and the refusal to provide the information on the military
personnel.
199. Based on all the foregoing, the Court concludes that this second investigation before the
ordinary jurisdiction did not comply with the obligation of due diligence and thoroughness.
B.3. Reasonable time
200. The Court has indicated that investigations must be conducted within a reasonable time in
order to clarify the facts and punish all those responsible for the violation of human rights. 326 The
Court has also stated that “the right of access to justice is not exhausted with the processing of
domestic proceedings, but it must also ensure, within a reasonable time, the right of the presumed
victims or their next of kin that all necessary measures are taken in order to discover the truth
about what happened and to punish those eventually found responsible.” 327
201. Regarding the guarantee of a reasonable time, the Court has established that four elements
must be taken into consideration in order to establish whether the time is reasonable: (a) the
complexity of the matter; (b) the procedural activity of the interested party; (c) the conduct of the
judicial authorities, 328 and (d) the effects that the delay in the proceeding may have on the legal
situation of the victim. 329
202. Regarding the first element, the Court has considered that the facts relating to a
disappearance in a context of violence entail a certain complexity, taking into account that different
degrees of responsibility exist at different levels; 330 in other words, that they usually involve illegal
acts committed by criminal structures and not by a single individual and this must be reflected in
the investigations, as well as due to the refusal to provide information on the whereabouts of the
victim supported by a supposed record of release. This assertion does not mean, however, that it is
reasonable for the judicial authorities to deliver a final judgment 22 years after the initial complaint
325
Supreme final judgment R.N. No. 1071-2012 issued by the Transitory Criminal Chamber of the Supreme Court of
Justice of the Republic on April 17, 2013 (evidence file, volume XII, annexes to the brief with the State’s final arguments,
folios 5419 to 5434).
326
Cf. Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs. Judgment of January 29, 1997. Series C No.
30, para. 77, and Case of Luna López v. Honduras, supra, para. 188.
327
Case of 19 Tradesmen v. Colombia. Merits, reparations and costs. Judgment of July 5, 2004. Series C No. 109,
para. 188, and Case of Luna López v. Honduras, supra, para. 188.
328
Cf. Case of Genie Lacayo v. Nicaragua, supra, para. 77, and Case of Luna López v. Honduras, supra, para. 189.
329
Cf. Case of Valle Jaramillo v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008. Series C
No. 192, para. 155, and Case of Luna López v. Honduras, supra, para. 189.
330
150.
Cf. Case of Radilla Pacheco v. Mexico, supra, para. 203, and Case of Contreras et al. v. El Salvador, supra, para.
73
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