46
events and to determine institutional, social and political responsibilities in certain periods of
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time of a society.
229.
With respect to the rights of the next-of-kin of victims of human rights violations to obtain justice
and reparation, the Court has found that
[f]rom Article 8 of the Convention it is evident that the victims of human rights violations, or their
next-of-kin should have substantial possibilities to be heard and to act in the respective
proceedings, both to clarify the facts and punish those responsible, and to seek due
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reparation.
230.
Likewise, the Court has ruled that the next-of-kin of the alleged victims have the right to expect,
and the States the obligation to ensure, that what befell the alleged victims will be investigated effectively by the
State authorities; that proceedings will be filed against those allegedly responsible for the unlawful acts; and, if
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applicable, the pertinent penalties will be imposed, and the losses suffered by the next-of-kin repaired. Based on
the foregoing, once State authorities have knowledge of a violation of human rights, in particular of the rights to
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life, humane treatment, and personal liberty, they should initiate a serious, impartial and effective investigation,
201
202
ex oficio and without delay, which should be carried out within a reasonable time.
231.
In addition, the Court has held that “as a result of the protection granted by Articles 8 and 25 of
the Convention, the States are obliged to provide effective judicial recourses to the victims of human rights
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violations that must be substantiated according to the rules of due process of law.”
232.
As to the substance of the duty to investigate with due diligence, the Inter-American Court has
held that the investigation should be undertaken utilizing all the legal means available and should be oriented
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I/A Court H.R, Case of Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, par. 119.
198
I/A Court H.R., Case of García-Prieto et al.. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 20, 2007. Series C, No. 168. par. 102; I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.). Judgment
of November 19, 1999. Series C, No. 63. par. 227; I/A Court H.R., Case of the Serrano-Cruz Sisters. Merits, Reparations and Costs.
Judgment of March 1, 2005. Series C, No. 120, par. 63.
199
I/A Court H.R., Case of García-Prieto et al.. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 20, 2007. Series C, No. 168. par. 103; I/A Court H.R., Case of Bulacio. Preliminary Objections, Merits, Reparations and
Costs. Judgment of September 18, 2003. Series C, No. 100, par. 114; and I/A Court H.R., Case of the Miguel Castro-Castro Prison.
Judgment of November 25, 2006. Series C, No. 160. par. 382.
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I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz. Preliminary Objections, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C, No. 167. par. 100.
201
I/A Court H.R., Case of García-Prieto et al.. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 20, 2007. Series C, No. 168. par. 101; I/A Court H. R., Case of the Gómez Paquiyauri Brothers. Judgment of July 8,
2004. Series C, No. 110. pars. 146; I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz, Preliminary Objections,
Merits, Reparations and Costs. Judgment of July 10, 2007. Series C, No. 167. par. 130.
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I/A Court H.R.., Case of Bulacio. Judgment of September 18, 2003. Series C, No. 100. par. 114; I/A Court H.R., Case
of the Rochela Massacre. Judgment of May 11, 2007. Series C No. 163, par. 146; I/A Court H.R., Case of the Miguel CastroCastro Prison. Judgment of November 25, 2006. Series C, No. 160. par. 382.
203
I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz. Preliminary Objections, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C, No. 167. par. 124; I/A Court H.R., Case of the Rochela Massacre. Judgment of May
11, 2007. Series C No. 163, par. 145; I/A Court H.R., Case of the Miguel Castro-Castro Prison. Judgment of November 25, 2006.
Series C, No. 160. par. 381; and I/A Court H.R., Case of the Dismissed Congressional Employees (Aguado-Alfaro et al.). Judgment
of November 24, 2006. Series C, No. 158, par. 106.