14
The Court added that the International Convention for the
protection of all persons against forced disappearances of 2007 states,
in Article 12 thereof, that if a complaint has been filed, the competent
authorities “will proceed without delay to carry out an exhaustive and
impartial investigation,” and “will take adequate measures, when
necessary, to guarantee the protection of the complainant, the
witnesses, the next of kin of the people missing, as well as their
defenders.” However, in the absence of a formal complaint, the
authorities must start said investigation ex officio. Additionally, the
States Parties shall make sure that the aforementioned authorities
“[h]ave the powers and resources necessary to effectively carry out the
investigation, including access to documents and other relevant
information to the same.” Finally, the States Parties shall take:
28.
the measures necessary to prevent and punish the acts that hinder the execution of the
investigations. Specifically, they must guarantee that the people who have allegedly
committed the crime of forced disappearance are not able to influence the course of
investigations by pressurizing, intimidating or retaliating against the claimant, the
witnesses, the next of kin of the missing person, and their defender, as well as those who
participate in the investigation.22
Likewise, the Court indicated that the obligation to investigate
could not be exercised in any way other than in accordance with the
standards established by the international regulations and jurisprudence
that characterize them as prompt, exhaustive, impartial, and
independent investigations.23
29.
Based on the aforementioned, which had been expressed by the
Tribunal due to the lack of progress in the investigations and the
impunity in the present case, in the Order issued in 2009, the Court
clearly and specifically established that the State should, inter alia,
inform it of the procedural acts i) aimed at investigating the systematic
patterns and responsibility of the corresponding military chains of
command, specifically related to the present case, ii) carried out as a
consequence of the reevaluation of the testimonies and other procedural
pieces already offered in the criminal proceeding carried out between
1992 and 2000, a year in which the Judgment on Merits of the Court
was issued in the present case, as well as any relevant Judgments
offered subsequently, and iii) carried out because of the reevaluation of
30.
22
Cf. Case of Bámaca Velásquez v. Guatemala, supra note 18, Considering Clause thirty.
23
Cf. Case of Bámaca Velásquez v. Guatemala, supra note 18, Considering Clause thirty-one.