that [Edgar Fernando García] was investigated because the State considered him to be an
enemy.” 230
150. As part of the obligation to investigate forced disappearances, such as the one in this
case, State authorities must determine procedurally the patterns of joint action and all
those who, in different ways, participated in the said violations and their corresponding
responsibilities. 231 It is not enough to know the material circumstances of the crime; rather,
it is essential to analyze the information on the power structures that permitted, designed,
masterminded and perpetrated it, as well as the individuals or groups who had interests in
or would benefit from the crime (beneficiaries). Consequently, the crime cannot be analyzed
in isolation, but rather in a context that provides the necessary elements to understand its
operating structure. 232
151. The Court recognizes that, in the instant case, significant progress has been made in
the investigation of the forced disappearance of Edgar Fernando García. Nevertheless, it
emphasizes that, for more than 25 years, no measures were adopted to investigate his
disappearance with due diligence. In addition, it would appear that all the logical lines of
investigation arising from the abundant evidence provided by both the Historical Archive of
the National Police and the Diario Militar are not being followed up on in the investigation
that the Public Prosecution Service is conducting at this time.
4. Reasonable time
152. To ensure that the investigation is conducted in a genuine and impartial manner, and
as an inherent legal obligation, the right of access to justice requires that the determination
of the facts under investigation is made within reasonable time. 233 This Court has indicated
that the “reasonable time” referred to in Article 8(1) of the Convention must be assessed in
relation to the total duration of the proceedings undertaken until the final judgment is
delivered. 234 The Court considers that, in principle, a prolonged delay, as occurred in this
case, constitutes, in itself, a violation of judicial guarantees. 235
153. The Court has usually considered the following elements in order to determine the
reasonableness of the time: (a) the complexity of the matter; (b) the procedural activity of
the interested party; (c) the conduct of the judicial authorities, and (d) the effects on the
legal situation of the person involved in the proceedings. However, in this case, the Court
has verified that 25 years and 8 months have passed since the date on which the State
accepted the Court’s jurisdiction 236 and more than seven years since the discovery of the
230
Cf. Judgment of the Eighth Crime, Drug-trafficking and Environmental Offenses Court of October 28, 2010,
C-01069-1997-00001 (file of annexes to the State’s answering brief, single tome, annex I, folio 3972 and 3973).
231
Cf. Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11,
2007. Series C No. 163, para. 195, and Case of the Río Negro Massacres v. Guatemala, supra, para. 194.
232
Cf. Case of Manuel Cepeda Vargas v. Colombia, supra, para. 119, and Case of the Río Negro Massacres v.
Guatemala, supra, para. 194.
233
Cf. Case of Hilaire, Constantine and Benjamín et al. v. Trinidad and Tobago. Merits, reparations and costs.
Judgment of June 21, 2002. Series C No. 94, para. 14, and Case of Chitay Nech et al. v. Guatemala, supra, para.
196.
234
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 71,
and Case of the Río Negro Massacres v. Guatemala, supra, para. 229.
235
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, supra, para. 145, and Case of
the Río Negro Massacres v. Guatemala, supra, para. 229.
236
At the date of delivery of this Judgment, 28 years and 9 months have passed since the start of the forced
disappearance of Edgar Fernando García.
54