99. The State argued that it had taken the necessary measures to conduct an investigation that
would allow those responsible for what happened to be individualized and punished. It indicated that
it had obtained 59 testimonial statements from the survivors regarding what happened in the village
of Los Josefinos, and also the testimony of two members of the Army considered to be “possibly
responsible” for the events that occurred. It also affirmed that it had conducted an on-site inspection
of the clandestine cemetery found in Los Josefinos; the remains had been exhumed in order to
identify them and, later, a monument had been erected with the names of the 19 persons found. It
argued that the Ministry of Defense had shared vital information for the proceedings as regards the
identification of those responsible. The State concluded that it had made every possible effort to
ensure that the investigation permitted the victims to obtain justice and asked the Court to declare
that it had ensured the rights to judicial guarantees and judicial protection. In its final written
arguments, the State indicated that, on September 8 and 9, 2020, it had held a hearing before the
Trial Court “A” for high-risk criminal matters, drug-trafficking and crimes against the environment to
receive 12 testimonial statements by videoconference as advance evidence.
B.
Considerations of the Court
100. The Court recalls that the obligation to investigate human rights violations is one of the positive
measures that States should take to ensure the rights recognized in the American Convention.167
This obligation is also derived from other inter-American instruments. Moreover, in cases of forced
disappearance, this obligations is reinforced by Article I(b), of the ICFDP.168
101. The obligation to investigate the facts in order to establish responsibilities and punishments,
as applicable, acquires importance based on the nature of the rights violated and the gravity of the
crimes committed.169 The Court has pointed out the State’s duty to investigate attacks against
personal integrity,170 and against life,171 including extrajudicial executions and massacres. 172 The
Court has also indicated that the State bodies responsible for investigating the forced disappearance
of persons – the purpose of which is the determination of their whereabouts and clarification of what
happened, the identification of those responsible and their possible punishment – must perform their
task diligently and thoroughly.173
102. The Court also considers that compliance with the State obligation to investigate and punish
gross human rights violations, such as those in the instant case, constitutes not only an international
obligation, but also provides essential elements for a comprehensive policy on the right to the truth,
access to justice, effective measures of reparation, and guarantees of non-repetition. Therefore,
judicial proceedings to clarify what happened in contexts of systematic human rights violations may
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of Guachalá Chimbo et al. v.
Ecuador. Merits, reparations and costs. Judgment of March 26, 2021. Series C No. 423, para. 184.
167
Cf. Case of Rodríguez Vera et al. (Disappeared from the Palace of Justice) v. Colombia. Preliminary objections, merits,
reparations and costs. Judgment of November 14, 2014. Series C No. 287, para. 437, and Case of Garzón Guzmán et al. v.
Ecuador. Merits, reparations and costs. Judgment of September 1, 2021. Series C No. 434, para. 66.
168
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of Coc Max et al. (Xamán Massacre)
v. Guatemala. supra, para. 79.
169
Cf. Case of Perozo et al. v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of January
29, 2009. Series C No. 195, para. 358, and Case of Coc Max et al. (Xamán Massacre) v. Guatemala, supra, para. 79.
170
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Coc Max et al. (Xamán Massacre)
v. Guatemala, supra, para. 79.
171
Cf. Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, para. 143; Case
of Members of the village of Chichupac and neighboring communities of the municipality of Rabinal v. Guatemala, supra, para.
210, and Case of Coc Max et al. (Xamán Massacre) v. Guatemala, supra, para. 79.
172
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Contreras et al. v. El Salvador,
supra, para. 145, and Case of Rochac Hernández et al. v. El Salvador, supra para. 139.
173
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