-55in the meaning of the Convention.”31 This guarantee to protect the rights of the
individual includes not only the direct safeguard of vulnerable individuals but, also,
the next of kin, who, owing to the specific circumstances and events of the case, are
those who file the claim in the domestic order.32
76.
Also, the Court has said that Article 25(1) of the Convention incorporates the
principle of the effectiveness of the procedural protection mechanisms or instruments
designed to ensure those rights. As the Court has already stated, according to the
Convention:
States Parties have an obligation to provide effective judicial remedies to the victims of
human rights violations (Art. 25), remedies that must be substantiated in accordance
with the rules of due process of law (Art. 8(1)), all in keeping with the general obligation
of such States to guarantee the free and full exercise of the rights recognized by the
Convention to all persons subject to their jurisdiction.33
77.
When considering the effectiveness of the domestic remedies in this case, the
Court will examine first the effectiveness of the remedy of habeas corpus and, in
particular, the State’s argument that this remedy was not appropriate to trace the
Serrano Cruz sisters, because the criminal proceedings were the suitable way to
establish their whereabouts and the consequent responsibilities.
78.
In this regard, it is worth reiterating that the remedy of habeas corpus was
filed on November 13, 1995, by the alleged victims’ mother (supra para. 48(15)) and
that, on March 14, 1996, the Constitutional Chamber of the Supreme Court of Justice
decided to dismiss the habeas corpus procedure, on the basis that “habeas corpus
[…] [was] not a means of investigating the whereabouts of a person detained
illegally thirteen years previously […] by members of the Atlacatl Battalion, [whose
military leaders] c[ould] not be summoned[, because this Battalion] no longer
exist[ed]” (supra para. 48(21)). As has been established (supra para. 48(22)), the
filed criminal proceedings were reopened on April 19, 1996 (supra para. 48(23)), as
a result of this decision of the Constitutional Chamber on habeas corpus, because it
ordered that this decision “should be remitted to the Chalatenango Trial Judge,
together with case 112/93, so that he could continue investigating the reported
facts” and then inform the Chamber.
79.
In its case law, the Court has established that, among essential judicial
guarantees, habeas corpus represents the appropriate means of guaranteeing
liberty, controlling respect for a person’s life and integrity, and preventing his
disappearance or ignorance about his place of detention, and also to protect the
individual from torture or other cruel, inhuman or degrading punishment or
treatment.34 The Court considers that habeas corpus can be an effective remedy for
discovering the whereabouts of a persons or clarifying whether a situation that
31
Cf. Case of Tibi, supra note 20, para. 131; Case of the 19 Tradesmen, supra note 15, para. 193;
and Case of Maritza Urrutia, supra note 19, para. 117.
32
Cf. Case of Carpio Nicolle et al., supra note 3, paras. 78 and 82(f); Case of the 19 Tradesmen,
supra note 15, para. 193; and Case of Maritza Urrutia, supra note 19, para. 119.
33
Cf. Case of the 19 Tradesmen, supra note 15, para. 194; Case of Las Palmeras, supra note 25,
para. 60; and Case of Godínez Cruz. Preliminary objections. Judgment of June 26, 1987. Series C No. 3,
para. 93.
34
Cf. Case of the Gómez Paquiyauri Brothers, supra note 10, para. 97; Case of Juan Humberto
Sánchez, supra note 21, para. 122; and Case of Bámaca Velásquez, supra note 21, para. 192.