69
about his or her fate. In this regard, the Court emphasizes that the obligation of the States
to investigate cases of enforced disappearance is not only limited to the simple
determination of the whereabouts or fate of the disappeared persons or to clarification of
what happened, neither to the mere investigation leading to determination of the
corresponding responsibilities and the eventual punishment of those responsible. Both
aspects are correlated and must be present at any investigation of acts such as those of
the instant case.
216. Regarding that mentioned in the preceding paragraph, the Court observes with
concern that, in the domestic sphere, the scope and content of the general obligation to
investigate the forced disappearance of persons is not taken into account. Thus, the Court
highlights that, at the public hearing held during the processing of the criminal proceeding,
Rebeca Ibsen asked the corresponding judge to “require the office of the Public Prosecutor
to hand over the evidence found in [La Cuchilla cemetery], [because] it was in the hands
of the Prosecutor’s office [and not] in the case file so that the Judiciary could examine it.
Mrs. Rebeca Ibsen referred to remains that probably belonged to the body of Mr. José Luis
Ibsen Peña. In this regard, the representative of the Public Prosecutor’s Office stated that
“in [the] proceeding what [they] w[ere] trying to determine was the identity of those who
were allegedly guilty of the murder of the persons who were the object of the investigation
and [that] the purpose of the excavations [carried out] in La Cuchilla was to discover if
they [were] really these persons, [and that] this became part of the proceedings because
[…], according to doctrine and law, [this was necessary] so that, after DNA testing, the
remains could be returned to the next of kin to be given Christian burial, because the
interest of the Public Prosecutor’s office lay in discovering the relationship between the
accused and the events that occurred[ and therefore] it was investigating the situation.”252
217. In this regard, this Court has established that, in the context of the obligation to
investigate a death, efforts to determine the truth effectively must be demonstrated
diligently starting with the first measures.253 In this regard, the Court has outlined the
guiding principles that must be observed when investigating a violent death. At the very
least, the State authorities who conduct an investigation of this type must try, inter alia:
(i) to identify the victim; (ii) to recover and preserve the body of evidence related to the
death in order to assist any possible criminal investigation of the authors; (iii) to identify
possible witnesses and obtain their testimony concerning the death under investigation;
(iv) to determine the cause, manner, place and time of death, as well as any pattern or
practice that could have caused the death, and (v) to distinguish between natural death,
accidental death, suicide and murder. In addition, the scene of the crime must be
examined thoroughly, and any human remains must undergo meticulous autopsies and
analyses by competent professionals using the most appropriate procedures.254
252
Cf. Minute of the hearing to receive evidence from the parties, on June 17, 2007 (Case file 37/2000,
Volume 22, folios 9469 to 9470 and 18277 to 18278).
253
Cf. Case of Servellón García et al. v. Honduras. Merits, Reparations and Costs. Judgment of September
21, 2006. Series C No. 152, para. 120; Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations and Costs.
Judgment of July 4, 2007. Series C No. 166, para. 121, and Case of González et al. (“Cotton Field”) v. Mexico,
supra note 60, para. 300.
254
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary Exceptions, Merits, Reparations and Costs.
Judgment of June 7, 2003. Series C No. 99, para. 127; Case of Kawas Fernández v. Honduras, supra note 11,
para. 102, and Case of González et al. (“Cotton Field”) v. Mexico, supra note 60, para. 300.
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