-52ineffective.”21 The investigation conducted by the State in compliance with this
obligation “must have an objective and be assumed by the State as its own legal
duty, not as a step taken by private interests that depends upon the initiative of the
victim or his family or upon their offer of proof, without an effective search for the
truth by the Government.”22
62.
The Court has also referred on many occasions to the right of the next of kin
of the alleged victims to know what happened and who was responsible for the
respective facts. The Court has reiterated that everyone, including the next of kin of
victims of serious human rights violations, has the right to know the truth.
Consequently, the next of kin of the victims, and society as a whole, must be
informed of everything that happened in relation to the said violations. International
human rights law has been developing this right to the truth;23 when it is recognized
and exercised in a specific situation, it constitutes an important measure of
reparation. Therefore, in this case, the right to know the truth gives rise to an
expectation of the next of kin of the alleged victims that the State must satisfy.24
63.
This Court has also stated that:
From Article 8 of the Convention it is evident that the victims of human rights violations,
or their next of kin should have substantial possibilities of being heard and acting in the
respective proceedings, both to clarify the facts and punish those responsible, and to
seek due reparation.25
64.
Consequently, the next of kin of the alleged victims have the right to expect,
and the States the obligation to ensure, that what befell the alleged victims will be
investigated effectively by the State authorities; that proceedings will be filed against
those allegedly responsible for the unlawful acts; and, if applicable, the pertinent
penalties will be imposed, and the losses suffered by the next of kin repaired.26
65.
The obligatory investigation by the State must be carried out with due
diligence, because it must be effective.27 This implies that the investigating body
must, within a reasonable time, take all necessary measures to try and obtain
21
Cf. Case of Bulacio, supra note 8, para. 112; Case of Juan Humberto Sánchez. Judgment of June
7, 2003. Series C No. 99, para. 144; and Case of Bámaca Velásquez. Judgment of November 25, 2000.
Series C No. 70, para. 212.
22
Cf. Case of the 19 Tradesmen, supra note 15, para. 184; Case of Bulacio, supra note 8, para.
112; Case of Juan Humberto Sánchez, supra note 21, para. 144; and Case of Bámaca Velásquez, supra
note 21, para. 212.
23
Cf. Case of Carpio Nicolle et al., supra note 3, para. 128; Case of the Plan de Sánchez Massacre.
Reparations, supra note 3, para. 97; and Case of Tibi, supra note 20, para. 257.
24
Cf. Case of Carpio Nicolle et al., supra note 3, para. 128; Case of the Plan de Sánchez Massacre.
Reparations, supra note 3, para. 97; and Case of Tibi, supra note 20, para. 257.
25
Cf. Case of the 19 Tradesmen, supra note 15, para. 186; Case of Las Palmeras. Judgment of
December 6, 2001. Series C No. 90, para. 59; and Case of Durand and Ugarte. Judgment of August 16,
2000. Series C No. 68, para. 129.
26
Cf. Case of the 19 Tradesmen, supra note 15, para. 187; Case of Las Palmeras, supra note 25,
para. 65; and Case of Durand and Ugarte, supra note 25, para. 130.
27
Cf. Case of Carpio Nicolle et al., supra note 3, para. 129; Case of the Plan de Sánchez Massacre.
Reparations, supra note 3, para. 98; and Case of Tibi, supra note 20, para. 258.