54
and progress of the procedure.202 In the instant case, given the analysis of the
effectiveness of the investigations carried out, the Court takes into account the context in
which the detention and subsequent disappearance of Messrs. Rainer Ibsen Cárdenas and
José Luis Ibsen Peña are framed. To this end, at the public hearing (supra para. 8), the
State indicated that “[i]t had to assume the responsibility of acknowledging the human
rights violations committed by a dictatorial regime that marked a dark past in the history
of Bolivia [,] which lasted from the coup d’etat led by then Colonel Hugo Banzer Suárez in
1971, to the year 1982, in which the [State of Bolivia] returned to democracy.”
166. In this line of thought, the Court considers, in this type of cases, that the authorities
in charge of the investigations had the duty to guarantee that throughout the course of the
same the systematic patters that permitted the perpetration of serious human rights
violations in the present case would be assessed.203 In seeking to guarantee its
effectiveness, the investigation should have been carried out taking into account the
complexity of this type of facts and the structure in which the people probably involved are
located, pursuant to the context in which they occurred, thus avoiding omissions in the
gathering of evidence and in the follow-up of the logical lines of investigation.204
167. This Tribunal has already indicated that in cases of forced disappearance, it is
essential that the judicial authorities and the Public Prosecutor’s Office take prompt and
immediate action through timely and necessary measures to determine the victim’s
whereabouts.205 Likewise, the Court reiterates that the passage of time holds a directly
proportional relation to the limitation –and in some cases, the impossibility- to obtain
evidence and/or testimonies, hindering and even voiding or making ineffective the
evidentiary procedures aimed to clarify the central facts of investigation,206 to identify
possible perpetrators and participants, and to determine the possible criminal liabilities.
Without detriment of the aforementioned, the national authorities are not exempt from
making all efforts necessary to comply with their obligation to investigate.207 The Court has
also observed that such obligation is maintained “whoever the agent to whom the violation
may eventually be attributed is, even private persons, since, if their acts are not
investigated seriously, they would turn out, in some way, assisted by the public power,
which would compromise the State’s international responsibility.”208
202
Cf. Case of Garibaldi v. Brazil. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of
September 23, 2009. Series C No. 203, para. 120.
203
Cf. Case of La Rochela Massacre v. Colombia, supra note 26, para. 156; Case of Anzualdo Castro v.
Peru, supra note 44, para. 154, and Case of Radilla Pacheco v. Mexico, supra note 8, para. 206.
204
Cf. Case of the Serrano-Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March
1, 2005. Series C No. 120, paras. 88 and 105; Case of Anzualdo Castro v. Peru, supra note 44, para. 154, and
Case of Radilla Pacheco v. Mexico, supra note 8, para. 206.
205
Cf. Case of Anzualdo Castro v. Peru, supra note 44, para. 134, and Case of Radilla Pacheco v. Mexico,
supra note 8, para. 215.
206
Cf. Case of Heliodoro Portugal v. Panamá, supra note 1, para. 150; Case of Anzualdo Castro v. Peru,
supra note 44, para. 135, Case of Radilla Pacheco v. Mexico, supra note 8, para. 215.
207
Cf. Case of Radilla Pacheco v. Mexico, supra note 8, para. 215.
208
Cf. Case of Velasquez Rodriguez. Merits, supra note 14, para. 174; Case of Kawas Fernandez v.
Honduras, supra note 11, para. 78, and Case of Radilla Pacheco v. Mexico, supra note 8, para. 216.
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