violations (Article 25), 299 remedies that must be substantiated in accordance with the rules
of due process of law (Article 8(1)), 300all this within the general obligation of the States to
guarantee the free and full exercise of the rights recognized by the Convention to all
persons under their jurisdiction (Article 1(1)). 301 Similarly, it has stated that the right of
access to justice must guarantee, within a reasonable time, the right of alleged victims or
their relatives to learn the truth about what happened and ensure that those responsible
are investigated, tried and, if applicable, punished. 302
200. The Court has established in its consistent case law that the obligation to
investigate is an obligation of means and not of results, which must be assumed by the
State as its own legal duty, not as a mere formality preordained to be unsuccessful, or as
a simple action responding to private interests 303 that depends on the procedural initiative
of the victims or their relatives, or on the offer of evidence by private individuals. 304 The
investigation must be serious, impartial and effective, and must be designed to determine
the truth and to pursue, capture, prosecute and eventually punish the perpetrators. 305
This obligation remains “regardless of the agent to whom the violation may eventually be
attributed, even private individuals, because if their acts are not properly investigated,
they would, to a certain extent, be supported by the public authorities, which would
involve the international responsibility of the State.” 306 Moreover, due diligence requires
the investigating body to undertake all necessary actions and inquiries to achieve the
desired result. Otherwise, the investigation is not effective under the terms of the
Convention. 307
201. The Court notes that in this case, the investigations into the violent death of A.A.
and the threats to family A remain in the hands of the Public Prosecution Service. On this
point, the Court’s case law establishes that the guarantees recognized in Article 8(1) of
the Convention do not apply solely to judicial proceedings. 308 In particular, regarding the
actions of the authorities in charge of the investigations, the Court has established that,
depending on the circumstances of the case, it may be necessary to analyze the
procedures that relate to and constitute the grounds for judicial proceedings, particularly
the investigative procedures, upon which the results of the opening and progress of these
proceedings depend. 309 Of course, in such cases the analysis of the guarantees of Article
8(1) in the context of the actions of the Public Prosecution Service, mutatis mutandis is
applied, as appropriate.
202. The Court further notes that the Office of the Human Rights Ombudsman of
Escuintla also conducted an investigation and reached its conclusions (supra paras. 121
and 122). In this regard, the Court has stated that the “historical truth” documented in
special reports, or the tasks, activities and recommendations issued by special
299
Cf. Case of Fairén Garbi and Solís Corrales v. Honduras. Preliminary Objections. Judgment of June 26,
1987. Series C No. 2, para. 90, and Case of Liakat Ali Alibux v. Suriname, supra, para. 30.
300
Cf. Case Godínez Cruz v. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C No. 3,
para. 92, and Case of Liakat Ali Alibux v. Suriname, supra, para. 30.
301
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary Objections, supra, para. 91, and Case of Liakat
Ali Alibux V. Suriname, supra, para. 30.
302
Cf. Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series C
No. 100, para. 114, and Case of Osorio Rivera and Family v. Peru. Preliminary Objections, Merits, Reparations and
Costs.
Judgment of November 26, 2013. Series C No. 274, para. 200.
303
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 177, and Case of García and Relatives v. Guatemala,
supra, para.132.
304
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case García and Relatives v.
Guatemala, supra, para. 132.
305
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs.
Judgment of June 7, 2003. Series C No. 99, para. 127, and Case of García and Relatives v. Guatemala, supra, para.
135.
306
Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Luna López v. Honduras,
supra, para. 155.
307
Cf. Case of the Serrano-Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March 1,
2005. Series C No. 120, para. 83, and Case of Albán Cornejo et al. v. Ecuador. Merits Reparations and Costs.
Judgment of November 22, 2007. Series C No. 171, para. 62.
308
Cf. Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series
C No. 74, para. 105, and Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Judgment of
October 13, 2011. Series C No. 234, para. 118.
309
Cf. Case of Garibaldi v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of
September 23, 2009. Series C No. 203, para. 120, and Case of Rosendo Cantú et al. v. Mexico. Preliminary
Objections, Merits, Reparations and Costs. Judgment of August 31, 2010. Series C No. 216, para. 159.
60
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos