reparations.217 To this end, the Court’s powers are not limited to merely confirming, recording or
taking note of the acknowledgement made by the State or to verifying its formal conditions, but it
must compare it to the nature and severity of the alleged violations, the demands and interests of
justice, the particular circumstances of the specific case, and the attitude and positions of the
parties,218 so that it can identify, insofar as possible and in exercise of its competence, the truth
about what happened.219
152. Since the State offers this “acknowledgement” based on the violation of the right to the truth
and the “access to administration of justice” of the presumed victims, arguing that “enormous
confusion” exists as well as contradictory position in relation to the events, owing to the
“evidentiary shortcomings during the domestic criminal proceedings,” this act contradicts its
position before the Commission. According to the State itself, the said text “does not imply
acknowledging or accepting the facts presented by the Commission and by the victims,” so that, in
fact, it would not be acquiescing to the claims of the opposing party. In any case, as indicated, one
of those two criminal proceedings that the State indicates contradict each other, is not part of the
purpose of the instant case, so that the State’s text is unsubstantiated and will be not be
considered as an acknowledgement of responsibility, and does not have legal effect.
153. Consequently, the Court will now consider the other arguments relating to the investigation
of the facts and the development of the domestic proceedings.
B.2.
Obligation to investigate and the domestic proceedings
154. In the understanding that, given the nature of the events of the instant case, the ordinary
criminal jurisdiction plays a leading role in the determination of the facts and the corresponding
responsibilities, it is possible to consider whether the proceedings processed under this jurisdiction
and under the disciplinary and the contentious administrative jurisdictions have been “useful and
effective to guarantee the right of access to justice, as a complement to establish the truth,
determine the scope and dimensions of the State responsibility, and make integral reparation for
the violations.”220
155. The Court recalls that, based on the protection granted by Articles 8 and 25 of the
Convention, States are obliged to provide effective judicial remedies to the victims of human rights
violations, which must be substantiated in accordance with the rules of due process of law.221
Furthermore, the Court has indicated that the right of access to justice must ensure, within a
reasonable time, the right of the presumed victims or their next of kin that everything necessary is
done to discover the truth about what happened and to punish those eventually found
responsible.222
156. The Court has established that the obligation to ensure rights (Article 1(1)) includes the
legal obligation “to prevent, within reason, human rights violations, to carry out a real investigation
of the violations that have been committed within its sphere of jurisdiction using all available
means in order to identify those responsible, impose the pertinent punishments [on those
responsible], and ensure adequate reparation to the victims.” The most important element is to
217
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25, 2003.
Series C No. 101, para. 105, and Case of Gelman v. Uruguay, para. 26.
218
Cf. Case of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008. Series C No. 177, para.
24, and Case of the Río Negro Massacres v. Guatemala, para. 27.
219
Cf. Case of Manuel Cepeda Vargas v. Colombia, para. 17, and Case of the Río Negro Massacres v. Guatemala,
para. 22.
220
Case of Manuel Cepeda Vargas v. Colombia, para. 130. See also cases of La Cantuta v. Peru. Merits, reparations
and costs. Judgment of November 29, 2006. Series C No. 162, para. 157, and Goiburú et al. v. Paraguay. Merits,
reparations and costs. Judgment of September 22, 2006. Series C No. 153, para. 128.
221
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 91, and Case of González Medina and family members
v. Dominican Republic, para. 207.
222
Cf. Case of Bulacio v. Argentina, para. 114, and Case of González Medina and family members v. Dominican
Republic, para. 255.
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