Guiding Principles for the Search for Disappeared Persons. They indicate that the responsible
authorities should initiate the search independently, even when no formal complaint or request
has been made,140 adding that "[t]he search for the disappeared person and the criminal
investigation of the persons responsible for the disappearance should be mutually reinforcing,"
and "[t]he comprehensive search process for disappeared persons should be initiated and
conducted with the same effectiveness as the criminal investigation."141
108. The fulfillment of this obligation affects the rights of both the disappeared person and their
relatives.142 In response to these, the obligation to search corresponds to the fair expectation of
finding the disappeared person or, if applicable, finding their remains so that their identity can be
definitively determined.143
109. In this regard, in accordance with this Court’s case law, when a person's disappearance has
been reported, regardless of whether it has been committed by individuals or by state agents, the
immediate and diligent state response largely depends on the protection of the life and integrity
of the reported disappeared person. Therefore, whenever there is a reason to belief that a person
has been subjected to forced disappearance, the prompt and immediate action of prosecution and
judicial authorities is essential, by the order of timely and necessary measures addressed to
determine the whereabouts of the victim or the place where he or she could be found deprived of
freedom.144
110. Furthermore, the Court has noted that the right to know the whereabouts of disappeared
victims is an essential component of the right to know the truth145 and has highlighted the
importance of this right, insomuch as satisfaction of this right is in the interest not only of the
relatives of the victims of forced disappearance, but also of society as a whole, as it facilitates the
prevention of this type of violation in the future.146 Although the right to know the truth has
basically been considered part of the right of access to justice, its nature is broad and, therefore,
its violation may impair different rights contained in the American Convention, depending on the
particular context and circumstances,147 as is the case with the rights to a fair trial and to judicial
protection, recognized by Articles 8 and 25 of the treaty,148 or the right of access to information,
Cf. Committee on Forced Disappearances. Guiding Principles for the Search for Disappeared Persons, UN Doc. CED/C/7.
Principle 6.
141
Cf. Committee on Forced Disappearances. Guiding Principles for the Search for Disappeared Persons. UN Doc. CED/C/7.
Principle 13.
142
Cf. Case of Anzualdo Castro v. Peru, supra, para. 124, and Case of Flores Bedregal et al. v. Bolivia, supra, paras.
120 and 121.
143
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs. Judgment
of November 24, 2009. Series C No. 211, para. 245, and Case of Flores Bedregal et al. v. Bolivia, supra, para. 184.
144
Cf. Case of Anzualdo Castro v. Peru, supra, para. 65, and Case of Garzón Guzmán et al. v. Ecuador, supra, para. 69.
145
Cf. Case of Goiburú et al. v. Paraguay, supra, para. 164, and Case of Flores Bedregal et al. v. Bolivia, supra, para.
121.
146
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 80, and Case of Movilla Galarcio et al. v. Colombia,, supra,
para. 157.
147
Cf. Case of the Village of Los Josefinos Massacre v. Guatemala. Preliminary Objection, Merits, Reparations, and Costs.
Judgment of November 3, 2021. Series C No. 442, para. 114, and Case Members and Militants of the Patriotic Union
V. Colombia,, supra, para. 479.
148
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 181, and Case of Members and Militants of the
Patriotic Union v. Colombia,, supra, para. 479.
140
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