115
288. In this regard, the Court has indicated that domestic law provides for many
recourses, but not all of them are applicable in all circumstances. When the recourse
is not adequate in a specific case, it is evident that there is no need to exhaust it,233
without prejudice to the possibility that, in certain circumstances, all the recourses
available under domestic laws may, collectively, satisfy the requirements established
in Articles 8 and 25 of the Convention, even if none of them, individually, comply
integrally with these provisions.234
289. In addition, the Court has indicated that the right of access to justice must
ensure, within a reasonable time, the right of the alleged victim or his next of kin to
every effort being made to learn the truth of what happened and to sanction those
responsible.235 With regard to the principle of reasonable time established in Article
8(1) of the American Convention, the Court has established that three elements
must be taken into account in order to determine the reasonableness of the time
within which the proceedings are held: (a) the complexity of the case; (b) the
procedural activity of the party concerned, and (c) the conduct of the judicial
authorities.236 However, the pertinence of applying these three criteria to determine
the reasonableness of the time of the proceedings depends on the circumstances of
each case.237 Thus, the Court will examine the reasonableness of the duration of
each of the proceedings, when this is possible and pertinent, bearing in mind the
characteristics of this case.
290. In the case sub judice it has been verified that proceedings were opened in
the criminal, administrative and disciplinary jurisdictions (supra paras. 125(41) to
125(54) and 125(87) to 125(103)).
291. In this chapter the Court will therefore examine whether these official
investigatory actions were executed with due diligence, as well as other elements, in
order to determine whether the proceedings and procedures were conducted
respecting the right to a fair trial and within a reasonable time, and whether they
have constituted an effective recourse to ensure the rights of access to justice and
the truth about the facts, and reparation for the next of kin.
a)
Ordinary criminal jurisdiction
292. As stated above, the Court will now refer to findings applicable to the facts of
La Granja and El Aro in relation to the proceedings opened in the ordinary criminal
jurisdiction and will then examine the investigations conducted with regard to each of
them.
233
Cf. Velásquez Rodríguez case. Judgment of July 29, 1988. Series C No. 4, para. 64.
234
Cf. mutatis mutandis, Eur.C.H.R., Öneryildiz vs. Turkey, No. 48939/99, Judgment of 18 June
2002, para. 100.
235
Cf. Case of Baldeón García, supra note 5, para. 166; Case of the Pueblo Bello Massacre, supra
note 9, para. 171; and Case of the “Mapiripán Massacre”, supra note 8, para. 216.
236
Cf. Case of Baldeón García, supra note 5, para. 151; López Álvarez case, supra note 232, para.
132; and Case of the Pueblo Bello Massacre, supra note 9, para. 171.
237
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 171.
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