B. Considerations of the Court
142. The Court has established that, pursuant to the American Convention, States Parties are
obliged to provide effective judicial remedies to the victims of human rights violations (Article
25), remedies that must be implemented in keeping with the rules of due process of law (Article
8(1)), all within the general obligation to ensure the free and full exercise of the rights
recognized by the Convention to all persons subject to their jurisdiction (Article 1(1)).221 It has
also indicated that the right of access to justice must ensure, within a reasonable time, the right
of the presumed victims or their next of kin that everything necessary is being done to discover
the truth of what happened and to investigate, prosecute and punish, as appropriate, those
eventually found responsible.222
143. In its consistent case law, this Court has indicated that the obligation to investigate is an
obligation of means and not of results, which the State must assume as its legal duty and not as
a simple formality preordained to be ineffective, or merely as a measure taken for private
interests223 that depends on the procedural initiative of the victims or their next of kin or on the
contribution of probative elements by private individuals.224 The investigation must be serious,
impartial and effective, aimed at determining the truth and the pursuit, capture, prosecution and
eventual punishment of the perpetrators of the facts. 225 This obligation remains “whoever the
agent to whom the violation may eventually be attributed, even private individuals because, if
their acts are not investigated seriously, they would, to a certain extent, be aided by the public
authorities, which would engage the international responsibility of the State.”226 Moreover, due
diligence requires that the investigative agency takes all the steps and makes all the inquiries
needed to obtain the desired result. Otherwise, the investigation is not effective in the terms of
the Convention.227
144. The Court has also indicated that Article 8 of the Convention reveals that the victims of
human rights violations, or their next of kin, must have broad possibilities of being heard and
acting in the respective proceedings, in order both to clarify the facts and punish those
responsible, and to seek due redress. 228 In addition, the Court has established that the
obligation to investigate and the corresponding right of the presumed victim or the next of kin is
revealed not only from convention-based norms of international law that are peremptory for the
States parties, but also arise from domestic law concerning the obligation to investigate, ex
officio, certain wrongful acts, and the norms that allow victims or their next of kin to report or
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series C No. 1,
para. 91, and Case of Omar Humberto Maldonado Vargas et al. v. Chile. Merits, reparations and costs. Judgment of
September 2, 2015. Series C No. 300, para. 75.
222
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C No. 100,
para. 114, and Case of Omar Humberto Maldonado Vargas et al. v. Chile, supra, para. 75.
223
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 177, and Case of Omar Humberto Maldonado Vargas et al. v.
Chile, supra, para. 75.
224
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Omar Humberto Maldonado
Vargas et al. v. Chile, supra, para. 75.
225
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 Espinoza Gonzáles v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of November 20, 2014. Series C No. 289, para. 238.
226
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Espinoza Gonzáles v. Peru,
supra, para. 238.
227
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 Espinoza Gonzáles v. Peru, supra, para. 238.
228
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 227, and Case of Veliz Franco et al. v. Guatemala. Preliminary objections, merits, reparations
and costs. Judgment of May 19, 2014. Series C No. 277, para. 184.
221
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