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responsible and the obligation to indemnity the victims for damages. It is not possible to make a
detailed list of all such measures, since they vary with the law and the conditions of each State
Party. Of course, while the State is obligated to prevent human rights abuses, the existence of a
particular violation does not, in itself, prove the failure to take preventive measures.
186. On the other hand, subjecting a person to official, repressive bodies that practice torture
and assassination with impunity is itself a breach of the duty to prevent violations of the rights to
life and physical integrity of the person, even if that particular person is not tortured or
assassinated, or if those facts cannot be proven in a concrete case. The establishment of a
practice of disappearances by a given government signifies, in and of itself, that it has abandoned
its juridical duty to prevent violations of human rights committed under cover of public authority.
187. The State is obligated to investigate every situation involving a violation of the rights
protected by the Convention. If the State apparatus acts in such a way that the violation goes
unpunished and the victim's full enjoyment of such rights is not restored as soon as possible, the
State has failed to comply with its duty to ensure the free and full exercise of those rights to the
persons within its jurisdiction. The same is true when the State allows private persons or groups
to act freely and with impunity to the detriment of the rights recognized by the Convention.
188. In certain circumstances, it may be difficult to investigate acts that violate an individual's
rights. The duty to investigate, like the duty to prevent, is not breached merely because the
investigation does not produce a satisfactory result. Nevertheless, it must be undertaken in a
serious manner and not as a mere formality preordained to be ineffective. An investigation must
have an objective and be assumed by the State as its own legal duty, not as a step taken by
private interests that depends upon the initiative of the victim or his family or upon their offer of
proof, without an effective search for the truth by the government. This is true regardless of what
agent is eventually found responsible for the violation. Where the acts of private parties that
violate the Convention are not seriously investigated, those parties are aided in a sense by the
government, thereby making the State responsible on the international plane.
189. As the Court has verified above, the failure of the judicial system to act upon the writs
brought before various tribunals in the instant case has been proven. Not one writ of habeas
corpus was processed. No judge has access to the places where Saúl Godínez might have been
detained. The criminal investigation that was demanded was not pursued nor processed at all.
There was, therefore, a complete failure of the theoretically adequate mechanisms of the
Honduran state to investigate the disappearance of Saúl Godínez, or to comply with the duties to
compensate for damages and punish those responsible.
190. Nor did the organs of the Executive Branch carry out a serious investigation to establish
the fate of Saúl Godínez. There was no investigation of public allegations of a practice of
disappearances nor a determination of whether Saúl Godínez had been a victim of that practice.
The Commission's requests for information were ignored to the point that the Commission had to
presume, under Article 42 of its Regulations, that the allegations were true. The offer of an
investigation in accord with Resolution 32/83 of the Commission resulted in an investigation by
the Armed Forces, the same body accused of direct responsibility for the disappearances. This
raises grave questions regarding the seriousness of the investigation. The Government often
resorted to asking relatives of the victims to present conclusive proof of their allegations even
though those allegations, because they involved crimes against the person, should have been
investigated on the Government's own initiative in fulfillment of the State's duty to ensure public
order. This is especially true when the allegations refer to a practice carried out within the Armed
Forces, which, because of its nature, is not subject to private investigations. No proceeding was
initiated to establish responsibility for the disappearance of Saúl Godínez and apply punishment
under internal law. All of the above leads to the conclusion that the Honduran authorities did not
take effective action to ensure respect for human rights within the jurisdiction of that State as
required by Article 1 (1) of the Convention.