37 OF THE AMERICAN CONVENTION AND ARTICLES I, II AND III ON THE INTER-AMERICAN CONVENTION ON ON FORCED DISAPPEARANCE OF PERSONS) 115. In this chapter, the Court shall examine the following aspects of the forced disappearance of people: a) the right to know the truth; b) the lack of a diligent and effective criminal investigation, and c) the existence of an appropriate regulatory framework for the investigation into the facts. A. On the right to know the truth in the cases of forced disappearances 116. The Commission alleged that the State is responsible for the violation of the right to the truth, which derives from the right to access to justice, based on Articles 1(1), 8 and 25 of the American Convention, by failing to comply with its duty to investigate, prosecute and punish the responsible for the forced disappearance of Mr. Anzualdo Castro, to the detriment of his next-of-kin, so long as his fate remains uncertain. 117. The representatives, in addition, alleged that “the evolution of contemporary international law within the universal and Inter-American spheres put forth a broader view point of the right to the truth, according to which it is an autonomous right and is related to a wider ranking of rights", according to them, the ones contained in Articles 1(1), 8, 13 and 25 of the American Convention. Hence, they alleged that, in the instant case, the State violated the right to the truth of the next-of-kin of Mr. Anzualdo Castro, for the "deficiency in the initial investigation, the inaction of the authorities [...] the impunity surrounding the case and the lack of information about [his] whereabouts.” 118. The Court has considered the content of the right to the truth in its case-law, especially in cases of forced disappearances. In the case of Velásquez Rodríguez the Court confirmed the existence of “the right to inform the relatives of the fate of the victims and, if they were killed, the location of their remains”137. In this type of cases, it is considered that the relatives of the disappeared victims are victims of the phenomena of forced disappearance, by which they are entitled to have the facts investigated and the responsible prosecuted and punished138. The Court has recognized that the right to the truth of the relatives of victims of serious human rights violations is framed within the right to access to justice139. Furthermore, the Court has based the obligation to investigate into the facts as a means for redress, on legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 137 Case of Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 181. 138 Cf. Case of Blake V. Guatemala. Merits, supra note 42, para. 97. 139 Cf. among others, Case of Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 181;Case of Bámaca Velásquez V. Guatemala. Merits, supra note 42, para. 201; Case of Barrios Altos V. Perú. Merits. Judgment of March 14, 2001. Series C Nº. 75, para. 48; Case of Almonacid Arellano et al. V. Chile, supra note 9, para. 148; Case of La Cantuta V. Peru,, supra note 58, para. 222; Case of Heliodoro Portugal V. Panamá, supra note 58, para. 244; Case of Ticona Estrada V. Bolivia, supra note 63, para. 289 and Case of Kawas Fernández V. Honduras, supra note 14, para. 117.

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