45
a)
Failure to comply with the Convention upon the criminal proceedings
conducted by judicial authorities regarding the deprivation of the right to life
of Mr. Bernabé Baldeón-García
144. Article 25(1) of the Convention provides for the obligation of States to
guarantee the right of all persons under its jurisdiction to an effective judicial remedy
against violations of their fundamental rights.81 Mere availability of said remedies will
not suffice; these remedies must be effective; i.e. they must be suitable to offer
results or answers to violations of the rights protected under the Convention.82 This
safeguard is one of the cornerstones of the American Convention and the democratic
Constitutional State itself, as set forth in the Convention.83
145. To that respect, this Court has stated that any remedy that is illusory due to
the general conditions of the country or the specific circumstances of a given case
cannot be deemed an effective remedy.84
146. The effective remedy of Article 25 must be processed in accordance with the
rules of due process of law contained in Article 8 of the Convention. This Article
provides that the victims of human rights violations or their next of kin must enjoy
ample possibilities of being heard and participating in the related proceedings, in
order to clearly establish the facts and the punishment applicable to the perpetrators
of those acts, and to seek an appropriate relief.85
147. After the arrest, mistreatment, torture and extra-judicial execution of Mr.
Bernabé Baldeón-García, the first remedy the State should have attempted is an
efficient investigation and judicial proceedings aimed at clarifying the events,
punishing the perpetrators of the acts and granting an appropriate compensation.
The family of Mr. Bernabé Baldeón-García denounced the events to various
authorities; however, the State failed to carry out an effective investigation.
148. In this respect, the State admitted that it failed to carry out an effective
investigation in the instant case, infringing the obligation set forth in Article 8(1) of
the American Convention (supra para. 40). However, the State claimed that this
situation only lasted until the commencement of the transition to democracy by the
end of 2000 (supra para. 40).
149. This Court believes it is necessary to reaffirm that, even though in 2000 the
State resumed the investigation of the events –due to the insistence of Mr. BaldeónGarcía’s family,– the State’s responsibility results from the international illegal act
81
Cf. Case of Acevedo - Jaramillo et el., supra note 6, para. 213; Case of López-Álvarez, supra note
6, para. 137; and Case of García-Asto and Ramírez-Rojas, supra note 10, para. 113.
82
Cf. Case of Acevedo-Jaramillo et al., supra note 6, para. 213; Case of López-Álvarez, supra note
6, para. 137; and Case of Palamara-Iribarne, supra note 10, para. 184.
Cf. Case of López-Álvarez, supra note 6, para. 138; Case of Palamara-Iribarne, supra note 10,
para. 184; and Case of Acosta-Calderón, supra note 3, para. 93.
83
Cf. Case of 19 Tradesmen, supra note 45, para. 192; Case of Baena Ricardo et al. Jurisdiction.
Judgment of November 28, 2003. Series C No. 104, para. 77; and Case of Maritza Urrutia, supra note
72, para. 116.
84
85
Cf. Case of the “Street Children” (Villagrán-Morales et al.), supra note 47, para. 227.
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