45
226.
The Inter-American Court has considered the content of the right to the truth in its case-law,
especially in cases of forced disappearances. In the case of Velásquez Rodríguez the Court confirmed the existence
of “the right to inform the relatives of the fate of the victims and, if they were killed, the location of their
192
remains.” In this type of cases, it is considered that the relatives of the disappeared victims are victims of the
phenomena of forced disappearance, by which they are entitled to have the facts investigated and the responsible
193
prosecuted and punished. The Court has recognized that the right to the truth of the relatives of victims of
194
serious human rights violations is framed within the right to access to justice. Furthermore, the Court has based
the obligation to investigate into the facts as a means for redress, on the need to repair the violation of the right to
195
know the truth in the specific case.
227.
The right to know the truth has been also recognized by several treaties of the United Nations
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and recently, by the General Assembly of the Organization of American States (OAS).
228.
According to the case-law of the Inter-American Court:
…the right to know the truth represents a necessary effect for it is important that a society
knows the truth about the facts of serious human rights violations. This is also a fair expectation
that the State is required to satisfy, on the one hand, by means of the obligation to investigative
human rights violations and, on the other hand, by the public dissemination of the results of the
criminal and investigative procedures. The right to know the truth requires from the State the
procedural determination of the patterns of joint action and of all those who participated in
various ways in said violations and their corresponding responsibilities. Moreover, in compliance
with the obligation to guarantee the right to know the truth, States may establish Truth
Commissions, which can contribute to build and safeguard historical memory, to clarify the
…continuation
The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.
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Article 6 of the Inter-American Convention to Prevent and Punish Torture
In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture
within their jurisdiction.
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Article 8 of the Inter-American Convention to Prevent and Punish Torture
The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their
jurisdiction shall have the right to an impartial examination of his case.
Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within
their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately
to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process.
192
I/A Court H.R., Velásquez Rodríguez Case v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, par. 181.
193
I/A Court H.R., Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C, No. 36. par. 97.
194
I/A Court H.R, Case of Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, par. 118.
195
196
I/A Court H.R, Case of Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, par. 118.
Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity
(E/CN.4/2005/102/Add.1); Report on the update of the Set of Principles for the Protection and Promotion of Human Rights
through Action to Combat Impunity, by Professor Diane Orenlicher (E/CN.4/2005/102, of February 18, 2005); Study on the Right
to the Truth, Report of the United Nations High Commissioner for Human Rights (E/CN.4/2006/91 of January 9, 2006); OAS
General Assembly. Resolutions on the Right to the Truth, AG/RES. 2175 (XXXVI-O/06), AG/RES. 2267 (XXXVIIO/ 2267, and
AG/RES. 2406 (XXXVIII-O/08).