34
than would be reasonable, in principle, to deliver a final judgment in a specific case.116 The total
duration of the criminal proceeding must be factored in when determining whether the length of time
was reasonable. In criminal matters this period of time starts with the first procedural act taken against
a specific person deemed to be the party likely responsible for a certain crime, and ends when a final
judgment is handed down.117
172. The jurisprudence constante of the organs of the inter-American system has taken into
consideration three elements that are relevant to the examination of the present case, namely: a) the
complexity of the case; b) the conduct of the judicial authorities, and c) the procedural activities of the
interested party.118
173. In the instant case, the Commission has evaluated all of the procedural documents that
comprise the case file provided by the petitioners and not disputed by the State. The finding facts show
that the criminal case took nine years and five months which ended with a sentence of 18 months in
prison for unintentional homicide. It is important to clarify that in the following analysis, the InterAmerican Commission will focused on determine whether the said period is compatible with the
guarantee of reasonable time according to the Inter-American standards on the subject, as well as well
as whether the investigation and criminal proceeding as a whole were carried out with due diligence to
properly clarify the facts and impose appropriate sanctions. Thus, the Commission emphasizes that in
this second point its analysis does not constitute a review of the sentence for the crime of unintentional
homicide under the realization that what happened was accidental, but an evaluation of the process
that lead to such judicial decision in order to verify if it was due to a serious and thorough investigation,
or if it took place as a result of a lack of diligence in the investigations that prevented evaluate in an
adequate manner the divergent versions of what happened.
174. With this clarification on the scope and content of the evaluation to be conducted by
the Commission, and taking into account the facts established on the investigation and criminal
proceeding, it will analyzed the fulfillment of the State’s obligation related to justice in the following
order: i) the duration of the investigation and criminal proceedings; and ii) the due diligence practiced in
the investigation.
1.
The duration of the investigation and criminal proceedings
175. From the documents it has available from the file of the case in the domestic courts, the
Commission observes that the First Police Precinct began the investigation on September 23, 1992,, and
the final verdict in the case was delivered on February 26, 2002, with the decision that the Second
Criminal Chamber of the Supreme Court of Justice delivered on the cassation appeal filed in the case. In
116
I/A Court H.R., Case of Ricardo Canese v. Paraguay. Judgment of August 31, 2004. Series C No. 111, paragraph 142.
117
I/A Court H.R., Case of López Álvarez v. Honduras. Judgment of February 1, 2006. Series C No. 141, paragraph 129;
Case of Acosta Calderón v. Ecuador. Judgment of June 24, 2005. Series C No. 129, paragraph 104; and Case of Tibi v. Ecuador.
Judgment of September 7, 2004. Series C No. 114, paragraph 168.
118
IACHR, Merits Report No. 77/02, Waldemar Gerónimo Pinheiro and José Víctor dos Santos (Case 11.506),
December 27, 2002, paragraph 76. See also: I/A Court H.R., Case of López Álvarez. Judgment of February 1, 2006. Series C No.
141, paragraph 132; Case of García Asto and Ramírez Rojas. Judgment of November 25, 2005. Series C No. 137, paragraph 166;
and Case of Acosta Calderón. Judgment of June 24, 2005. Series C No. 129, paragraph 105; UN Doc. CCPR/C/GC/32 of August
23, 2007, Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a
fair trial, paragraph 35.