63
investigations and pertinent proceedings in a reasonable time period, with the goal of
establishing all the truth of the facts, with attention to the criteria indicated regarding the
investigations in cases of forced disappearances removing all obstacles, de facto and de
jure, that maintain this case in a state of impunity (supra paras. 200, 204, 207 to 209). In
particular, the State must:
a)
continue without greater delay, in a diligent and effective manner, with the
investigation initiated on March 2, 2009, taking into account the criminal codification
applicable for crimes of forced disappearance, all the facts of the disappearance and
the systematic pattern of violations of human rights existing in this time period, so
that the investigation is conducted in consideration of the complexity of these facts
and the context in which they occurred, avoiding omissions in the collection of
evidence and in the application of logical lines of investigation;
b)
determine all the alleged perpetrators and accomplices of the forced
disappearance of Mr. Chitay Nech. The Court also reiterates that in consideration of
the gravity of the facts, the State cannot apply laws of amnesty nor make arguments
regarding the statute of limitations, retroactivity of the criminal law, res judicata, nor
the principle of non bis in idem, or any other similar exception to their responsibility
in order to excuse this obligation, and
c)
assure that the authorities in charge of the investigation have within their
reach and can use all the logistical and scientific resources necessary for the
collections and processing of evidence, and in particular, have the means to access
the documents and pertinent information to investigate the facts denounced and to
promptly carry out those acts essential to the clarification of the situation of
Florencio Chitay, and that the persons that participated in the investigation, among
them, victims, witnesses, and operators of justice, count on due guarantees of
security and that they abstain from acts that implicate the obstruction of the
investigative process.
236. This Tribunal considers it necessary to reiterate that in compliance with the
obligation of guarantees consecrated in Article 1(1) of the American Convention, the State
has the duty to avoid and combat impunity( supra para. 199). To comply with said
obligation, the State must combat it with all the legal avenues available, because impunity
“provides for the chronic repetition of the violations of human rights and the total
defenselessness of the victims and their next of kin.”248
237. Based on the jurisprudence of the Court,249 during the investigation and judgment,
the State must assure the full access and capacity to act in all stages of the investigation, of
the next of kin of the victim, in accordance with the domestic law and the norms of the
American Convention. Additionally, the results of the proceedings must be publicly
248
Cf. Case of the “White Van” (Paniagua-Morales et al.)V. Guatemala. Merits, supra note 28, para. 173;
Case Garibaldi V. Brasil, supra note 18, para. 141, and Case Dos Erres Massacre V. Guatemala, supra note 12,
para. 201.
249
Cf. Case del Caracazo V. Venezuela. Reparations and Costs. Judgment of 29 of August of 2002. Series C
No. 95, para. 118; Case Anzualdo Castro V. Perú, supra note 18, para. 87, and Case Radilla Pacheco V. México,
supra note 12, paras. 247 and 334.
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