33
167. The Court has written that in fulfillment of their duty to investigate a violation of the
right to life with the necessary due diligence, States have an obligation to act with rigorous attention to
detail from the very outset of the investigation.111 Here, the Inter-American Court has taken into
consideration the United Nations Manual on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions, and wrote that:
At a minimum, state authorities conducting an inquiry shall seek, inter alia: a) to identify the
victim; b) to recover and preserve evidentiary material related to the death in order to aid in any
potential prosecution of those responsible; c) to identify possible witnesses and obtain
statements from them concerning the death; d) to determine the cause, manner, location and
time of death, as well as any pattern or practice that may have brought about the death; and e)
to distinguish between natural death, accidental death, suicide and homicide. The Court further
notes that: a) the crime scene must be exhaustively investigated and b) autopsies, as well as
analyses of skeletal remains, must be rigorously performed by competent professionals,
112
employing the most appropriate procedures.
168. The Court has also held that the authorities must take reasonable measures to preserve
the evidence necessary to conduct the investigation.113
169. As for the importance of the conduct of the authorities in charge of the first steps in an
investigation, the Court has held that the requisite due diligence and “independence and impartiality
also extend to the non-judicial bodies responsible for the investigation prior to the judicial proceedings,
conducted to determine the circumstances of a death and the existence of sufficient evidence. In the
absence of these requirements, the State cannot subsequently exercise effectively and efficiently its
authority to bring charges and the courts cannot conduct the judicial proceedings that this type of
violation calls for.”114
170. As for the duration of the investigations, the Commission is reminded that one of the
judicial guarantees that Article 8(1) of the Convention establishes is that courts are to decide cases
within a reasonable time.
171. The Inter-American Court has held that a long delay may per se constitute a violation of
the principle of due process.115 It is for the State to explain and prove why it has required more time
111
I/A Court H.R., Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007.
Series C No. 166, paragraph 121.
112
I/A Court H.R., Case of the Moiwana Community v. Suriname. Judgment of June 15, 2005. Series C No. 124,
paragraph 149; I/A Court H.R., Case of the Miguel Castro Castro Prison v. Peru. Judgment of November 25, 2006. Series C No.
160, paragraph 383. Citing the United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions, Doc. E/ST/CSDHA/.12 (1991).
113
I/A Court H.R., Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007.
Series C No. 166, paragraph 122.
114
I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations
and Costs. Judgment of July 10, 2007. Series C No. 167. Paragraph 133.
115
I/A Court H.R., Case of García Asto and Ramírez Rojas v. Peru. Judgment of November 25, 2005. Series C No. 137,
paragraph 166; Case of Gómez Palomino v. Peru. Judgment of November 22, 2005. Series C No. 136, paragraph 85; Case of the
Moiwana Community v. Suriname. Judgment of June 15, 2005. Series C No. 124, paragraph 160.