54
B. Disputed aspects regarding the investigation of the facts
211. In order to examine the points of the dispute regarding the investigation of the facts,
the Court considers it necessary to recall that due diligence in the investigation requires that
all actions and investigations necessary to obtain the desired result be carried out.219 However,
“the proceedings […] must be assessed as a whole and it is not up to the Court, in principle,
to decide whether the investigative measures are appropriate.”220 It is up to the Court to
evaluate whether, in the specific case, the shortcomings or omissions that are proven,
considered in relation to the set of procedures carried out by the State, harmed the clarification
of the circumstances of the facts or affected the final result of the investigations undertaken.221
For this evaluation, objective or reasonable criteria must be taken into account, based on the
particular circumstances of the case and the arguments of the parties and the Commission,
and taking into account elements such as the evidence produced, the guidelines set forth by
the case law of this Court, or the considerations of domestic authorities on measures that, in
the specific case, they had indicated as necessary.”222
212. The Court has indicated that the investigating body must use all available means to
carry out all those actions and investigations that are necessary in order to try to obtain the
desired result.223 It is also necessary to avoid omissions in following-up logical lines of
investigation.224 If relevant, “[t]he due diligence investigation requires taking into account
what happened in other [events] and establishing some type of relationship between them.
This must be promoted ex officio, without the victims and their relatives having the burden of
assuming such an initiative”.225 Notwithstanding, the Court is not responsible for “substituting
the domestic jurisdiction by establishing the specific modalities of investigation and trial […],
but rather to verify whether or not international obligations were violated in the steps actually
taken at the domestic level.”226 Therefore, the examination that the Court must carry out is
independent of the investigations’ formal connection, the origin of which should be determined
by the domestic authorities.227
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March 1,
2005. Series C No. 120, para. 83, and Case of Coc Max et al. (Xamán Massacre) v. Guatemala, supra, para. 81.
220
Cf. Case of Castillo González et al. v. Venezuela. Merits. Judgment of November 27, 2012. Series C No. 256,
para. 153, and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 118.
221
Cf. Case of Luna López v. Honduras. Merits, Reparations and Costs. Judgment of October 10, 2013. Series
C No. 269, para. 167, and Case of Coc Max et al. (Xamán Massacre) v. Guatemala, supra, para. 81.
222
Cf. Case of Castillo González et al. v. Venezuela, supra, para. 153, and Case of Coc Max et al. (Xamán
Massacre) v. Guatemala, supra, para. 81.
223
Cf. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series
C No. 136, para. 80, and Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 151.
224
Cf. Case of the Serrano Cruz Sisters v. El Salvador, paras. 88 and 105, and Case of Coc Max et al. (Xamán
Massacre) v. Guatemala, supra, para. 85. Similarly, the expert witness Iván González Amado indicated the importance
of exploring logical lines of investigation, stressing that, in facts such as those of the case, it is necessary that the
investigations take into account the true nature and dimension of the violations, their possible origins, contexts and
relationship with the participation of the authorities and the exercise of local powers. Cf. Expert Opinion of Iván
González Amado rendered by affidavit presented before the Court (evidence file, affidavits and expert opinions, fs.
12143 to 12195).
225
Cf. Case of González et al. (“Cotton Field”), Preliminary Objection, Merits, Reparations and Costs. Judgment
of November 16, 2009, para. 368 and Case of the Garífuna Community of Punta Piedra and its members v. Honduras.
Preliminary Exceptions, Merits, Reparations and Costs. Judgment of October 8, 2015. Series C No. 304, para. 298.
Similarly, the expert witness Valencia Villa indicated, regarding the case, that it was necessary to integrate the
different lines of investigation between the three events, since they are interdependent, and that investigating them
individually implies that there is fragmentation, which increases the risk of losing evidence”. Expert Opinion Alejandro
Valencia Villa rendered by affidavit presented before the Court (evidence file, affidavits and expert opinions, fs. 11868
to 11880).
226
Cf. Case of Nogueira de Carvalho et al. v. Brazil. Preliminary Exceptions and Merits. Judgment of November
28, 2006. Series C No. 161 para. 80, and Case of Coc Max et al. (Xamán Massacre) v. Guatemala, supra, para. 81.
227
In this regard, the expert witness González Amado indicated that the relationship in the investigations
depends on the regulations and the organization of the investigation structure, and that in some cases the exchange
219