responsibility, using adequate elements of evidence.” 173 ]Thus the Court has taken this failure to provide an
explanation as a factor to take into account to substantiate the alleged violation and the resulting
international responsibility.174
138.
In the present case, the IACHR reiterates the clues of involvement by state agents: the mayor
of Amapala, Juan José Quiroz; the congresspersons Manuel Vides and Raúl Pino; and the police officer Santos
Mendoza. As indicated in the preceding section, these clues are present in a body of evidence that IACHR has
available and which was gathered during the criminal proceedings themselves: i) statements made by Mr.
Pacheco's next of kin and members of the National Party; and ii) official statements and reports from state
agents of the DGIC. To this are added actions that led to covering up the information about the instigators and
perpetrators of the crime, such as the failure to take statements from these persons, the absence of actions
and monitoring to identify their criminal responsibility, the absence of protection for witnesses who were
afraid to make statements, the procedural flaws, and even the dismantling of the special investigation group
for the case.
139.
The Commission considers that, in addition to all the clues about the state's involvement in
Ángel Pacheco's death, it must be taken into account, as specified in the section on the rights to a fair trial and
to judicial protection, that the State did not take the minimum actions required to explore logical lines of
inquiry owing to omissions, obstructions, and irregularities that appeared throughout the proceedings. As a
result, the judicial authorities did not examine seriously the possible ties of at least four state authorities to
Ángel Pacheco León's homicide. In view of these omissions, the Commission considers that the State did not
meet the requirement of disproving the clues about the direct participation, acquiescence or collaboration of
state agents. In addition, the possible participation of state agents on active duty or former state agents could
suggest the action of power structures in the area, which were not investigated either.
140.
In that respect, the Commission considers that, in terms of international responsibility, the
clues about participation of stage agents, along with the absence of a diligent investigation, makes it possible
to conclude that the State bears international responsibility for the failure to fulfill its duty to respect the life
of Mr. Ángel Pacheco León, as enshrined in Article 4.1 of the American Convention, in connection with the
obligations set forth in Article 1.1 of the same instrument.
3.
Political rights
141.
The Commission takes note that the petitioners alleged the violation of Ángel Pacheco's
political rights in the stage of the merits. Regarding this, on the basis of the review previously conducted (see
paragraphs 121 and 122 above), the IACHR shall set forth its considerations about this matter.
142.
Article 23.1.b of the American Convention establishes the right of persons to "be elected in
genuine periodic elections.” The Court has considered that this right involves not only the right to be elected
to public office, but also the right "to have a real opportunity to serve in the position to which he was
elected.”175 Thus the right to effective political participation implies that citizens not only have right, but also
173 I/A Court H.R., Case of J. v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 27, 2013.
Series C No. 275, para. 353.
174 I/A Court H.R., Case of J. v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 27, 2013.
Series C No. 275, para. 354.
175 I/A Court H.R., Case of Luna López v. Honduras. Merits, Reparations and Costs. Judgment of October 10, 2013. Series C No.
269, para. 142.