Militar appeared, which has been recognized as an authentic military intelligence document,
and which mentions Mr. García’s disappearance. According to experts who have studied the
document, it reveals “that he was subjected to intensive surveillance by the Army and the
Police [… and this, together with United States declassified documents reveals that his
disappearances formed part] of the Government campaign to dismantle the labor union
movement in Guatemala.” 215
141. The Court considers that, in the instant case, it has been proved that the State was
aware of the disappearance of Edgar Fernando García as of 1984; nevertheless, it did not
act in a manner consistent with its obligation to open a serious, diligent and thorough
investigation immediately. From the information provided to the case file, there is no
evidence that, beyond the formal responses and verifications relating to the applications for
habeas corpus and requests for information submitted by the family, it had taken any
investigative measures or searched for Mr. García up until 1999, when the Supreme Court
called on the Public Prosecution Service to investigate the representatives’ allegations
(supra para. 75). Therefore, the Court finds that, even in response to the formal filing of
judicial remedies and complaints, or official rulings, the State did not open an investigation
ex officio to determine the whereabouts of Edgar Fernando García, to clarify what happened
and, as appropriate, to identify, prosecute, and punish those responsible.
2. Effectiveness of the remedy of habeas corpus and the special
investigation procedure
142. This Court has maintained that, for the State to comply with the provisions of Article
25 of the Convention, it is not sufficient that the remedies are established in the
Constitution or by law or that they are formally admissible; rather they must be effective in
the terms of that instrument. 216 This effectiveness means that, in addition to the formal
existence of the remedies, they must provide results or responses to the violations of
rights, 217 which means that the remedy must be appropriate to address the violation, and
that its implementation by the competent authority is effective. 218 In particular, the Court
has considered that the application for habeas corpus is the appropriate means to guarantee
liberty, to ensure respect for the life and integrity of the individual, and to prevent his or her
disappearance or the uncertainty about the place of detention. 219 Moreover, those remedies
that are illusory, owing to the general conditions of the country or even the specific
circumstances of the case, cannot be considered effective. 220
215
Expert opinion provided by Katharine Doyle on United States declassified documents related to the
disappearance of Edgar Fernando García in the domestic criminal proceedings (file of annexes to the motions and
arguments brief, tome I, folio 2059)
216
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 62 and 63, and Case of Palma
Mendoza et al. v. Ecuador. Preliminary objection and merits. Judgment of September 3, 2012. Series C No. 247,
para. 81.
217
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 63, 64 and 66, and Case of Palma
Mendoza et al. v. Ecuador, supra, para. 81
218
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 64, and Case of the Kichwa Indigenous
People of Sarayaku v. Ecuador. Merits and reparations. Judgment of June 27, 2012. Series C No. 245, para. 263.
219
Cf. Habeas Corpus in Emergency Situations (Arts. 27.2, 25.1 and 7.6 American Convention on Human
Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8, para. 35, and Case of Contreras et al. v. El
Salvador, supra, para. 158.
220
Cf. Judicial Guarantees in States of Emergency (Arts. 27.2, 25 and 8 American Convention on Human
Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24, and Case of Barbani Duarte et al.
v. Uruguay, supra, para. 200.
50