rights violations in which they occurred, with due diligence, avoiding omissions in the
gathering of evidence and in following up on logical lines of investigation;
b)
Since this is a gross violation human rights, the State must abstain from
having recourse to mechanisms such as amnesty, or alleging a statute of limitations,
non-retroactivity of the criminal law, res judicata, the principle of non bis in idem or
any similar waiver of responsibility, to exempt itself from the obligation to
investigate and to punish those responsible; 283
c)
It must ensure that: (i) the competent authorities conduct the corresponding
investigations ex officio and, to this end, that they have at their disposal and use all
the logistic and scientific resources required to collect and process the evidence and,
in particular, that they are empowered to access the pertinent documentation and
information to investigate the facts denounced and to execute promptly the actions
and inquiries that are essential to clarify what happened to Edgar Fernando García,
and (ii) the authorities abstain from executing actions that obstruct the investigative
process;
d)
It must determine the identity of the presumed perpetrators and masterminds
of the victim’s forced disappearance;
e)
It must initiate disciplinary, administrative or criminal actions, pursuant to
domestic law, against the State authorities who may have obstructed or impeded the
due investigations of the facts, as well as those responsible for the different
procedural irregularities that have contributed to prolong their impunity, and
f)
It must ensure that the different organs of the justice system involved in the
case have the necessary human and material resources to perform their tasks in an
adequate, independent and impartial manner, and that appropriate security
arrangements are in place for those participating in the investigation, including the
victims or their representatives, witnesses, and agents of justice.
197. In addition, in keeping with its consistent case law, 284 the Court reiterates that the
State must ensure full access and legal standing to the victims or their next of kin at all
stages of the investigation and the prosecution of those responsible, pursuant to domestic
law and the provisions of the American Convention. The purpose of this participation is to
provide access to justice, knowledge of the truth about what occurred, and just reparation.
In addition, the results of the corresponding proceedings must be published in order to
inform Guatemalan society about the events that are the subject of this case and those who
are responsible for them.
B.2)
Determination of the whereabouts of Edgar Fernando García
198. The Commission asked the Court to order the State to adopt the necessary measures
to “[s]earch for and locate the disappeared victim and, should he be found deceased, to
return his mortal remains to his family and cover the respective expenses.” The
representatives asked the Court to order the State to “inform his family of his whereabouts,
within a reasonable time.”
283
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No.
87, para. 41, and Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 283.
284
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 319.
68