75
or criminal” measures be adopted to investigate and, if applicable, punish the actions of state
officials who contributed to the denial of justice and impunity.
291. The representatives made a similar request, requesting that “a group from the Office
of the National Attorney General’s Office be assigned, made up of a Specialized Prosecutor in
the investigation of cases of serious human rights violations, and two investigators with the
same capacity” to dedicate itself exclusively to drive the criminal proceedings Nos. 397, 015A
and 1663.314
292. The State indicated that “the investigations [...] today all reassigned to Prosecutor 66,
have been diligent and have complied with inter-American standards on the matter,” and that
an order of this type “would disregard the progress made by the State and its internal
mechanisms to provide justice to people under its jurisdiction.” It requested that the adoption
of administrative, disciplinary, and/or criminal measures be declared inadmissible, because
state agents have respected due process and that "the recognized shortcomings do not imply
the criminal, disciplinary, or administrative responsibility of any official." It also argued that the
representatives' request “involves differentiated treatment […] among victims, without an
objective basis.”
293. The Court concluded in this judgment that the State is responsible for the violation of
Articles 8(1) and 25(1) of the Convention to the detriment of Messrs. Omeara Carrascal,
Omeara Miraval and Álvarez Sánchez and their next of kin, given that it failed to comply with
its obligation to investigate the events that occurred to the detriment of Noel Emiro Omeara
Carrascal, Héctor Álvarez Sánchez, Manuel Guillermo Omeara Miraval, as well as the threats
suffered by Carmen Teresa Omeara Miraval and the displacement suffered by Carmen Teresa
Omeara Miraval, Fabiola Álvarez Solano, Elba Katherine Omeara Álvarez, Manuel Guillermo
Omeara Álvarez and Claudia Marcela Omeara Álvarez with due diligence within a reasonable
time, in order to establish the truth of the facts of this case, taking into account that nearly 24
years have passed since they occurred and impunity persists. Based on the foregoing, the State
must use the necessary means, in accordance with its domestic law, to: (a) effectively continue
the open investigations, pursuing them with due diligence and within a reasonable time, in order
to identify, judge and, where appropriate, punish those responsible for the events, analyzing,
among others, the logical lines of investigation, regarding: (i) the events that took place relating
to Noel Emiro Omeara Carrascal; (ii) the events that took place relating to Manuel Guillermo
Omeara Miraval, and (iii) the events that took place relating to Héctor Álvarez Sánchez; (b)
They also requested specific measures to carry out the investigations, including: (a) initiate, continue and
conclude the investigations of the case taking into account the pattern of human rights violations existing at that
time, taking into consideration the complexity of the facts and the context in which they occurred and following the
logical lines of investigation; (b) identify and individualize all material and intellectual authors; (c) that it be
determined that the State may not apply any law of amnesty, pardon, or any other similar provision to benefit the
perpetrators; (d) carry out ex officio investigations and, for this purpose, have at their disposal and use all the
logistical and scientific resources necessary to collect and process the evidence and, in particular, have powers to
fully access the relevant documentation and information to investigate the facts denounced and promptly carry out
those essential actions and inquiries to clarify the events in this case; (e) ensure that the bodies of the justice system
involved have the economic, human, logistic, scientific or any other type of resources to carry out their tasks
adequately, independently, and impartially; (f) adopt the necessary measures to ensure that judicial officials,
prosecutors, investigators, and other judicial officers have an adequate security and protection system that allows
them to perform their duties with due diligence, and ensure the protection of witnesses, victims, and family members
and judicial representatives; (g) guarantee that the investigations continue in the ordinary jurisdiction; (h) guarantee
that all authorities collaborate with the investigation, providing access to the necessary information and evidence, as
well as refraining from carrying out acts that obstruct the investigation or access to information on the facts of this
case; (i) initiate disciplinary, administrative, criminal actions against the authorities that have hindered or are
hindering the investigation of the facts, or that have contributed to prolonging impunity, (j) guarantee effective
compliance with the sentences of those convicted, and (k) ensure the full access and capacity to act for the victims
or their next of kin at all stages of the investigation and prosecution of those responsible, and guarantee the
publication of judicial progress.
314