23
102.
The Inter-American Court has also written that the duty to investigate is one of means,
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not of results.
It has also held that in order to comply with the obligation to investigate and punish, the
State must remove all the de facto and de jure obstacles and mechanisms that maintain impunity, grant
sufficient guarantees of security to witnesses, judicial authorities, prosecutors, other judicial agents, and
119
the next of kin of the victims, and use all possible measures to advance the proceeding.
103.
The IACHR has written that “in order to establish in a convincing and credible manner that
[a] result was not the product of a mechanical implementation of certain procedural formalities without the
State genuinely seeking the truth, the State must show that it carried out an immediate, exhaustive and
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impartial investigation” and must explore all the investigative leads possible that might identify the
authors of the crime, so that they can be prosecuted and punished. The Court has established that the
obligation to investigate a death means that the effort to determine the truth with all diligence must be
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evident as of the very first procedures. The State may be liable for a failure to order, practice or
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evaluate evidence that may have been essential for a proper clarification of the facts.
104.
The Inter-American Court has defined the guiding principles to be observed in an
investigation into a violent death. The State authorities who conduct an investigation of this type must try,
at the very least, inter alia: (i) to identify the victim; (ii) to recover and preserve the probative material
related to the death in order to assist in any potential criminal investigation of those responsible; (iii) to
identify possible witnesses and obtain their statements in relation to the death under investigation; (iv) to
determine the cause, manner, place and time of death, as well as any pattern or practice that could have
caused the death, and (v) to distinguish between natural death, accidental death, suicide and homicide.
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In addition, the scene of the crime must be searched exhaustively, and autopsies and tests of the
human remains must be performed rigorously by competent professionals using the most appropriate
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125
procedures.
In the case of homicides, specific evidence must be preserved if rape is suspected.
105.
The Inter-American Court has also written that the international standards indicate that,
regarding the crime scene, the investigators must, at the very least: photograph the scene and any other
physical evidence, and the body as it was found and after it has been moved; gather and conserve the
samples of blood, hair, fibers, threads and other clues; examine the area to look for footprints or any other
trace that could be used as evidence, and prepare a detailed report with any observations regarding the
118
I/A Court H.R., Case of Baldeón García. Judgment of April 6, 2006. Series C No. 147, paragraph 93.
119
I/A Court H.R., Case Carpio Nicolle et al. Judgment of November 22, 2004. Series C No. 117, paragraph 134
120
IACHR, Merits Report No. 55/97, Juan Carlos Abella et al. (Argentina), November 18, 1997, paragraph 412.
121
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 300; I/A Court H.R. Case of the Miguel Castro Castro Prison.
Judgment of November 25, 2006. Series C No. 160, paragraph 383.
122
I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19,1999. Series C No.
63, paragraph 230.
123
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 300; IACHR, Report No. 10/95, Manuel Stalin Bolaños
(Ecuador), September 12, 1995, paragraphs 32 - 34; Report No. 55/97, Juan Carlos Abella et al. (Argentina), November 18,1997,
paragraphs
413
to
424;
Report
No.
48/97,
Ejido
Morelia
(Mexico),
April
13,
1996.
paragraphs 109 - 112. IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January
20, 2007, paragraph 47.
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I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 300; I/A Court H.R. Case of Juan Humberto Sánchez v.
Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, paragraph 127; I/A
Court H.R. Case of Escué Zapata v. Colombia. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 165,
paragraph 106; I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009
Series C No. 196, paragraph 102.
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The victim’s oral, vaginal and rectal fluids must be preserved, as must foreign and pubic hairs. United Nations, Manual
on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, U.N. Doc. E/ST/CSDHA/.12
(1991), paragraphs 29-30.