73
substantive right that must be ensured, protected and guaranteed.297 In addition,
Mexico must comply with the provisions of Article 7(b) and 7(c) of the Convention of
Belém do Pará, which establishes the obligation to act with due diligence,298 and to
adopt the necessary laws to investigate and to punish violence against women.
288. In its judgment on merits in the case of Velásquez Rodríguez v. Honduras, the
Court established that, pursuant to the obligation to guarantee:
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.299
289. The duty to investigate is an obligation of means and not of results, which must
be assumed by the State as an inherent legal obligation and not as a mere formality
preordained to be ineffective.300 The State’s obligation to investigate must be complied
with diligently in order to avoid impunity and the repetition of this type of act. In this
regard, the Tribunal recalls that impunity encourages the repetition of human rights
violations.301
290. In light of this obligation, as soon as State authorities are aware of the fact,
they should initiate, ex officio and without delay, a serious, impartial and effective
investigation using all available legal means, aimed at determining the truth and the
pursuit, capture, prosecution and eventual punishment of all the perpetrators of the
facts, especially when public officials are or may be involved.302
291. Moreover, the Court has noted that this obligation remains “whatsoever the
agent to which the violation may eventually be attributed, even individuals, because, if
their acts are not investigated genuinely, they would be, to some extent, assisted by
the public authorities, which would entail the State’s international responsibility.”303
292. In this regard, within the framework of the obligation to protect the right to life,
the European Court of Human Rights has developed the concept of the “procedural
obligation” to carry out an effective official investigation in cases of the violation of that
right.304 The Inter-American Court has also applied this concept in several cases.305
297
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra note 261, para. 142; Case of Heliodoro
Portugal v. Panamá. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 12, 2008.
Series C No. 186, para. 115, and Case of Perozo et al. v. Venezuela, supra note 22, para. 298.
298
Cf. Case of the Miguel Castro Castro Prison v. Peru, supra note 248, para. 344.
299
Case of Velásquez Rodríguez v. Honduras. Merits, supra note 257, para. 176, and Case of Kawas
Fernández v. Honduras, supra note 190, para. 76.
300
Cf. Case of Anzualdo Castro v. Peru, supra note 30, para. 123, and Case of Garibaldi v. Brazil, supra
note 252, para. 113.
301
Cf. Case of Anzualdo Castro v. Peru, supra note 30, para. 179, and Case of Garibaldi v. Brazil, supra
note 252, para. 141.
302
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra note 261, para. 143; Case of Heliodoro
Portugal v. Panamá, supra note 297, para. 144, and Case of Valle Jaramillo et al. v. Colombia, supra note
49, para. 101.
303
Case of the Pueblo Bello Massacre v. Colombia, supra note 261, para. 145, and Case of Kawas
Fernández v. Honduras, supra note 190, para. 78.
304
Cf. ECHR, Ergi v. Turkey, Judgment of 28.07(1)998, Reports of Judgments, n. 81, paras. 85-86, and
ECHR, Akkoç v. Turkey, Judgment of 10 October 2000, paras. 77 to 99; ECHR, Kiliç v. Turkey, Judgment of
28 March 2000, paras. 78 to 83.
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