47
eradicated by determining responsibilities, both general - of the State - and individual - criminal
and any other kind of its agents or private individuals.194 In compliance with this obligation,
the State must remove all de facto and the de jure obstacles that maintain impunity.195
129. In addition, in cases of forced disappearance, the investigation will have certain
specific connotations that arise from the very nature and complexity of the phenomenon
investigated; in other words, additionally, the investigation must include the implementation
of all necessary measures to determine the fate of the victim and to discover his or her
whereabouts.196 The Court has already established that the obligation to investigate facts of
this nature subsists as long as the uncertainty about the final fate of the disappeared person
remains, because the right of the victim’s next of kin to learn his or her ultimate fate and, if
applicable, where their remains are, represents a fair expectation that the State must satisfy
using all the means it has available.197
130. In brief, due to the nature and gravity of the facts, and especially if there is a context of
systematic human rights violations, States have the obligation to carry out an investigation
with the above-mentioned characteristics and to determine criminal responsibilities through
the competent judicial authorities, strictly following the requirements of due process
established in Article 8 of the American Convention.198 In addition, for the international
community, the need to eradicate impunity obliges cooperation between States, which must
adopt the necessary measures to avoid leaving these violations in impunity, either by
exercising their jurisdiction to apply domestic and international law to prosecute and, as
appropriate, punish those responsible, or by collaborating with other States that are doing
so or seeking to do so.199
B. Obligation to open an investigation ex officio
131. The Inter-American Commission indicated that, even though the disappearance of the
Contreras siblings had been “in the public domain since at least March 1993, when the
Report of the Truth Commission that refers to them was issued,” it was not until March 16,
2000, that the State launched a criminal investigation into what happened, a fact that, in
itself, implied “a disregard of the State obligation to initiate and pursue investigations ex
officio, included in the obligation to provide effective remedies to the victims of [the]
violations.” The Commission did not identify or specify in which part of the report or its
attachments that reference appeared. For its part, the State expressly acknowledged this
fact.
132.
The evidence reveals that the report issued by the Truth Commission in 1993 (supra
194
Cf. Case of Goiburú et al., supra note 107, para. 131; Case of Chitay Nech et al., supra note 98, para. 199,
and Case of Radilla Pacheco, supra note 25, para. 212
195
Cf. Case of La Cantuta, supra note 184, para. 226; Case of Chitay Nech et al., supra note 98, para. 199,
and Case of Radilla Pacheco, supra note 25, para. 212.
196
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 80; Case of Ibsen Cárdenas and Ibsen Peña, supra note 100, para. 152, and Case of Radilla
Pacheco, supra note 25, para. 191.
197
Cf. Case of Velásquez Rodríguez. Judgment of July 29, 1988. Series C
Godínez Cruz. Judgment of January 20, 1989. Series C No. 5, para. 191.
No 4, para. 181, and Case of
198
Cf. Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series C No.
121, para. 106; Case of Vera Vera et al., supra note 193, para. 93, and Case of Ibsen Cárdenas and Ibsen Peña,
supra note 100, para. 158.
199
Case of Goiburú et al., supra note 107, para. 131; Case of Anzualdo Castro, supra note 109, para. 125,
and Case of La Cantuta, supra note 184, para. 160.
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