parties."183 However, in cases that involve the violent death or disappearance of a person, the Commission and the Court have held that the investigation initiated should be carried out in such a manner as guarantee proper analysis of the hypotheses as to responsibility arising from it,184 and, in order to demonstrate the diligence of its inquiries, the State must show that it carried out an immediate, exhaustive and impartial investigation185 in which all possible lines of inquiry have been explored in a bid to identify the perpetrators of the crime with a view to their subsequent prosecution and punishment.186 Furthermore, as part of the requisite due diligence in investigating violations of the rights of human rights defenders, the investigating authority should take into account the work of the defender attacked in order to identify which interests could have been harmed in the pursuit of that work in order, thus, to establish lines of inquiry and theories for the crime187. 85. In this case, the Commission observes that the context, Mrs. Acosta's professional history, and the information contained in court file in the domestic proceeding, clearly point to the hypothesis that Mr. García Valle’s murder may have been due to María Luisa Acosta's intense activity in defense of indigenous peoples' rights. 86. Thus, the Commission notes that María Luisa Acosta's legal representation of the indigenous peoples in the Pearl Lagoon basin in various administrative and judicial suits against Peter Tsokos and his partner Peter Martinez clearly harmed their interests. The IACHR finds that as a result of María Luisa Acosta's efforts, Peter Tsokos was warned on several occasions that he could be liable to penalties in civil and criminal proceedings if he continued "disturbing" communal properties, and that he was fined for slash-and-burn activities in the Cerro Silva Natural Reserve.188 Mrs. Acosta's work also drew public attention to the fact that policemen were acting as private guards at the service of Mr. Tsokos on communal lands.189 Furthermore, on March 16, 2002, less than one month before the murder of her husband, Mrs. Acosta had begun legal representation of the various communities in cases concerning a petition for constitutional relief and a suit for the return of 80 blocks of indigenous Rama indigenous land in Peter Tsokos’ possession. 87. The Commission notes that despite the existence from the outset of the possibility that these individuals might be the instigators/masterminds, that eventuality was not meaningfully and diligently investigated. Thus, the commission observes that the efforts of the National Police were less rigorous in the inspection of a property owned by Peter Tsokos than in the one at the property of Mr. García Valle. In that connection, the record and results of the search at the home of Peter Tsokos, unlike the search of La Paz funeral home, did not specify the type of investigative procedures carried out to determine that the results were not of interest to the police; nor did it state the purpose of the search.190 In addition, the IACHR notes 183 Cf. I/A Court H.R., Case of Kawas-Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009 Series C No. 196, par. 79, Case of Cantoral-Huamaní and García-Santa Cruz. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, par. 87. 184I/A Court H.R., Case of Kawas-Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C No. 196, par. 112. 185IACHR, Report on Merits No. 55/97, Juan Carlos Abella et al. (Argentina), November 18, 1997, par. 412. 186IACHR, Report No. 25/09, Merits (Sebastião Camargo Filho) Brazil, March 19, 2009, par. 109. See, too, IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007, par. 41; I/A Court H.R., Case of GonzalezMedina and Family v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment of February 27, 2012, Series C No. 240, par. 115. See, also, IACHR, Report No. 111/09, Case 11.324, Merits, Narciso González Medina, Dominican Republic, November 10, 2009, par. 240. 187 IACHR, Report No. 56/12, Merits (Florentín Gudiel Ramos, Makrina Gudiel Álvarez et al.), Guatemala, March 21, 2012, par. 126. See also IACHR, Second Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II. Doc. 66, December 31, 2011, par. 236. Available at http://www.oas.org/en/iachr/defenders/docs/pdf/defenders2011.pdf 188 Appendix 13. “Marena multa al griego Peter Tsokos”, La Prensa, May 18, 2001. Appendix 22. Appeal to the Civil Law Division of the Court of Appeals in Bluefields, October 2, 2002. Appendix to the petitioners' communication of July 13, 2013. 189 190Appendix 160. Record and results of the search of the property of Peter Tsokos, National Police Criminal Investigations, April 20, 2002. Trial court file No. 110-02, folio 127. Appendix to the petitioners' communication of July 13, 2007. The record and results of the search of La Paz funeral home, by contrast, states the purpose of the search, which was to "seize any documents found linked to the [continues …]

Seleccionar párrafo de destino3