ex oficio, the corresponding authorities should institute criminal proceedings
by indictment, in accordance with Article 15 of the Code of Criminal
Procedure.106 The expert said that even without a formal complaint by the
family of Mr. Vera Vera, various authorities learned that Mr. Vera Vera had
been shot, and also that he had died, so the lack of a complaint was not an
obstacle for the State to initiate the corresponding ex oficio investigation.
93.
In this regard, the Court recalls that the purpose of its mandate is the
implementation of the American Convention and other treaties that confer
jurisdiction. It is not up to this Court to determine individual responsibility,107
whose determination is up to the domestic criminal courts or other
international tribunals, but rather to recognize the facts brought to its
knowledge and to characterize them in the exercise of its contentious
jurisdiction, according to the evidence presented by the parties. 108 Likewise,
this Court has held that the obligation to investigate the facts, prosecute, and
where appropriate, punish those responsible for a crime that constitutes a
violation of human rights, is a commitment that stems from the American
Convention, and that criminal responsibility must be determined by the
b) The abduction of a woman over sixteen and under eighteen, who had consented to
her abduction and voluntarily followed the abductor;
c) Defamatory libel and non-defamatory slander;
d) Damage caused to forests, woodlands or gardens of private ownership by cutting,
stripping or destruction of trees, impacting the river, canal, stream, pond, cheering or
tanks and destroying the aqueducts, dams, bridges or private property dams, and
throwing substances to destroy fish and species, those caused by death or wounds and
injuries to horses and other pets and domesticated animals; thoe caused by the
destruction of fences or enclosures of any kind whatever; suppression or change of
boundaries, and blinding of trenches and,
e) all other crimes of theft not mentioned in the previous paragraph.
106
This provision established (case file of Merits, tomo II, folios 1047 and 1048):
Art. 15 .- Except for cases provided for in Article 428 of this Code, the exercise of public
prosecution is initiated by indictment, and its background can be the following:
1 .- The investigation, that ex oficio,is carried out by a competent judge or court;
2 .- The prosecutorial initiative;
3 .- The complaint;
4 .- The private accusation;
5 .- The police report or police investigation and,
6 .- The higher order by the authorities.
107
Cf. Case of Velásquez Rodríguez V. Honduras, supra note 11, para. 134; Case of
Rosendo Cantú and otra V. México, supra note 17, para. 105, and Case of Ibsen Cárdenas and
Ibsen Peña V. Bolivia, supra note 94, para. 199.
108
Cf. Case of Cantoral Huamaní and García Santa Cruz V. Perú. Preliminary Objection,
Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, para. 87; Case of
Fernández Ortega et al. V. México. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 30, 2010. Series C No. 215, para. 103, and Case of Ibsen Cárdenas and
Ibsen Peña V. Bolivia, supra note 94, para. 199.
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