State officials that contributed to the concealment, the denial of justice, and the impunity of
the facts of the case, and to impose the legal consequences.”
283. The representatives asked the Court to order the State to guarantee an impartial,
independent and competent investigation to prosecute, diligently and within a reasonable
time, the person or persons who were the authors, accomplices and accessories after the
fact to the forced disappearance of Narciso González Medina. In this regard, they described
the criteria that it asked the Court to order the State to observe in the conduct of this
investigation and its results.
284. In Chapter VIII of this judgment, the Court declared the violation of the rights to
judicial guarantees and judicial protection owing to the lack of due diligence in the
investigations conducted by the Investigating Court and by the Public Prosecution Service,
and also for the violation of the guarantee of a reasonable time in the said investigations
and for the lack of access to the file of the investigation reopened in 2007. The Court
determined that the investigations carried out and underway have not constituted effective
remedies to determine the victim’s whereabouts, clarify the facts, and guarantee the rights
of access to justice and judicial protection, through the investigation and eventual
punishment of those responsible, and the integral reparation of the consequences of the
violations. In addition, the Court recalls that one of the basic factors that influenced the
lack of due diligence in the instant case, was the failure to make adequate use of norms and
practices that would have ensured an effective investigation of the forced disappearance,
taking into account all its elements so that it was not examined piecemeal.
285. Taking the above into account, as well as its case law, 314 the Court orders that the
State must continue the investigation that is underway, effectively and with the greatest
possible diligence, in order to identify, prosecute and, as appropriate, punish all those
responsible for the forced disappearance of Narciso González Medina. This obligation must
be fulfilled within a reasonable time in order to establish the truth of the facts and to
determine any possible criminal responsibilities, considering the indicated criteria concerning
investigations in cases of forced disappearance, 315 and removing all the obstacles that
maintain impunity 316 in this case. Due diligence in the investigation means that all the State
authorities are obliged to collaborate in the collection of evidence; consequently, they must
provide the judge, prosecutor or any other judicial official with all the information requested
and abstain from acts that obstruct the progress of the investigation. In particular, the State
must:
a) Conduct the pertinent investigation or investigations concerning the facts of this
case, so that these investigations and the proceedings are conducted taking into
consideration the complexity of the facts and the context in which they occurred,
and avoiding omissions in the collection of evidence and in following logical lines
of inquiry;
b) Investigate the elements that constitute forced disappearance with due diligence
and with an integral approach, as established in paragraphs 128 to 130, 209,
221, 222 and 226 to 246 of this Judgment;
314
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 18, para. 174, and Case of the Barrios
Family v. Venezuela, supra note 77, para. 322.
315
Cf. Case of Anzualdo Castro v. Peru, supra note 150, para. 181, and Case of Contreras et al. v. El
Salvador, supra note 51, para. 185.
316
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25,
2003. Series C No. 101. para. 277, and Case of Contreras et al. v. El Salvador, supra note 51, para. 185.
86
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