70
173. Articles 8 and 25 of the Convention establish the scope of the abovementioned principle of responsibility for the acts of any State organ in connection
with the acts and omissions of judicial authorities. 130
174. In similar cases, this Court has held that the clarification of alleged failures by
the State through its judicial authorities to comply with its international obligations
may lead the Court to examine the domestic proceedings. In light of the foregoing,
domestic proceedings must be regarded as a whole, as the function of the
international tribunal is to determine whether the entirety of the proceedings was
conducted pursuant to the rules of international law.131
175. In making such analysis, the Court considers that, under the American
Convention, the Status Parties must afford effective judicial remedies to the victims
of human rights violations (Article 25), which must be substantiated pursuant to the
rules of the due process of law (Article 8(1)), notwithstanding the general obligation
of the States to guarantee the free and full exercise of the rights of all persons under
their jurisdiction pursuant to the Convention (Article 1(1)).132
176. We conclude from the analysis of the facts of the instant case that Albertina
Viana-Lopes and Irene Ximenes-Lopes-Miranda were who took steps for
commencing, accompanied, and intervened in, the proceedings aimed at knowing the
fate of Mr. Damião Ximenes-Lopes. Therefore, the Court will now analyze whether
the State afforded them effective recourse.
A)
Police Investigation and Proceedings Related to the Death of Mr. Damião XimenesLopes
177. The States’ duty to investigate violations of the rights to life and humane
treatment is a prerequisite for guaranteeing said rights, pursuant to Article 1(1) of
the American Convention. In the instant case, the Court has established that the
State has breached its duties of respect, prevention and protection, and is thus
responsible for the violation of Mr. Damião Ximenes-Lopes’ rights to life and to
humane treatment (supra para. 150).
178. In view of the facts, the State commenced a police inquest and took various
steps in connection with the death of Mr. Damião Ximenes-Lopes. The Court will
attempt to establish whether such steps have been serious, impartial and effective,
and whether or not they have been conducted merely as a formality.133
130
Cf. Case of Baldeón-García, supra note 4, para. 141; Case of López-Álvarez, supra note 121,
para. 28; and Case of Herrera Ulloa. Judgment of July 2, 2004. Series C No. 107, para. 109.
131
Cf. Case of Baldeón-García, supra note 4, para. 142; Case of Lori Berenson-Mejía, supra note 24,
para. 133; and Case of Juan Humberto Sánchez, supra note 30, para. 120.
132
Cf. Case of Baldeón-García, supra note 4, para. 143; Case of López-Álvarez, supra note 121,
para. 147; and Case of Pueblo Bello Massacre, supra note 25, para. 169.
133
Cf. Case of Baldeón-García, supra note 4, para. 92 and 93; Case of Pueblo Bello massacre, supra
note 25, para. 143 and 144; and Case of Gómez Palomino, supra note 21, para. 77.