related to human rights violations" that occurred in the instant case, "conduct the corresponding
processes for the crime of forced disappearance of Fredy Núñez Naranjo,” as well as "investigate
the injuries suffered by Gregoria Naranjo and Marcia Núñez,” in order to "fully clarify the facts,
identify all those responsible and impose the corresponding sanctions."
140. The representative did not mention the measures requested by the Commission.
141. In regard to the investigation procedures to clarify what happened to Mr. Núñez Naranjo, the
State reaffirmed that, through the Prosecutor General's Office, it initiated an investigation in a
timely manner on the date of the events, and subsequently, it opened a new investigation for the
crime of forced disappearance to the detriment of Mr. Fredy Núñez (supra para. 62), which is in
the "preliminary investigation phase" (supra para. 62) and "has been substantiated through
various investigative procedures and continues to be underway " (supra note 93). Additionally, the
State pointed out that its domestic regulations were modified, classifying forced disappearance
according to international standards. It pointed out that "it has fulfilled its obligation by complying
with the recommendations of the [Commission], in order to have the corresponding processes to
investigate what happened to the alleged victim."
142. In regard to the investigation of the alleged violations of the humane treatment of Mrs.
Gregoria Naranjo and Marcia Núñez, it was noted that the Prosecutor General reported the opening
of an investigation for the alleged crime of torture against the alleged victims (supra para. 62).
Furthermore, the State mentioned the proceedings carried out (supra note 95) and clarified that
it "continues to investigate the alleged acts of violence" (supra para. 62), with which it has sought
compliance with the recommendation provided in the Merits report of the Commission.
Furthermore, it was noted that, in October 2020, the alleged victims were incorporated into the
Victim Protection System National System for Protection and Assistance to Victims, Witnesses and
Other Participants in the Criminal Process (SPAVT), "in order to develop the appropriate
mechanisms to safeguard the integrity of Mr. Fredy Núñez's relatives" and that they currently
continue to benefit from such protection (supra note 93).
143. The Court has established that the State failed to fulfill its obligation to promptly investigate
the forced disappearance of Mr. Núñez Naranjo (supra paras. 29 and 119), as well as the alleged
injuries suffered by Gregoria Naranjo and Marcia Núñez (supra para. 133). Considering the opening
of criminal proceedings after 2018 for the crimes of forced disappearance and torture, respectively,
remain open (supra para. 62), and in light of the consistent case law of this Court,176 the Court
orders that the State must continue the ongoing investigations and the criminal proceedings
effectively and with due diligence in order to fully clarify what happened and identify, judge and,
if applicable, punish all the perpetrators and participants of the reported events for the
corresponding criminal effects, within a reasonable time. Due diligence in the investigation implies
that all of authorities are obligated to collaborate in gathering evidence and, therefore, they must
provide the intervening judicial body, the Prosecutor's Office, or the competent authority involved
in the proceedings, with all of the information and must abstain from actions that might obstruct
the investigative process.177
144. In addition, the State must ensure that the following criteria are observed: a) conduct the
relevant investigation, without any omissions in the collection of evidence and in the follow-up of
176
Cf. Case of Velásquez Rodríguez v. Honduras, supra, para. 174, and Case of Flores Bedregal et al. v. Bolivia, supra,
para. 178.
177
Cf. Case of Garzón Guzmán et al. v. Ecuador, supra, para. 103, and Case of Flores Bedregal et al. v. Bolivia, supra,
para. 138.
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