perpetrator and the truth of what happened has not been determined. On this basis, the Court
will analyze whether a delay in the investigation of more than 24 years is justified.
88. The Court has established the following elements in order to determine whether the time
is reasonable: (a) the complexity of the matter; (b) the procedural activity of the interested
party; (c) the conduct of the judicial authorities, and (d) the effects generated on the legal
situation of the person concerned. The Court recalls that it is for the State to justify, based on
the said criteria, why it has required the time that has elapsed to deal with the case and, if it
does not do so, the Court has broad powers to make its own assessment in this regard. 143
89. In the instant case, 24 years have passed since Mr. Gómez Virula’s death without the
State clarifying what happened to the alleged victim, or acting with the necessary due diligence
to make it possible to clarify this (supra paras. 67 to 85). Furthermore, the State has not
provided a reasonable justification for the duration of the investigation. Therefore, the Court
concludes that the judicial authorities exceeded the reasonable time for the process.
B.3
Conclusion
90. On the basis of all the preceding considerations, the Court concludes that the State failed
to act with due diligence to investigate the alleged victim’s disappearance, even though it
knew that he was a leading member of a labor union engaged in a conflict in his place of work.
Moreover, when his body was found, it again failed to act with the necessary due diligence to
preserve the scene of the crime or to gather probative elements during the initial procedures,
and the autopsy does not demonstrate that a rigorous examination of the corpse was
performed. Added to foregoing, the lines of investigation were not exhausted diligently,
because the available information reveals a failure to take the necessary steps to investigate
those possibly responsible. Lastly, the Court has verified that the investigation of the facts has
not respected the guarantee of a reasonable time.
91. Consequently, the Court concludes that the State violated the rights to judicial
guarantees and judicial protection recognized in Articles 8(1) and 25(1) of the American
Convention on Human Rights, in relation to Article 1(1) of this instrument, to the detriment of
Alexander Yovany Gómez Virula, Antonio Gómez Areano and Paula Virula Dionicio.
VII-3
ALLEGED VIOLATION OF THE FAMILY’S RIGHT TO PERSONAL INTEGRITY144
A.
Arguments of the parties and of the Commission
92. The Commission concluded that the State had “disregarded its obligation to investigate
and to punish the acts” that breached Mr. Gómez Virula’s rights, thereby violating the right to
personal integrity of the members of the alleged victim’s family who had the right to know the
truth of what happened to the victim. The representatives indicated that members of Mr.
Gómez Virula’s family experienced “pain, fear, suffering and anguish” owing to the victim’s
disappearance and subsequent death. Added to this, they argued that the lack of a specific
and effective investigation into the disappearance and death of Mr. Gómez Virula gave rise to
“anguish, frustration and a feeling of impotence,” that continues owing to the impunity
surrounding the case. They argued that, in addition to the mental and moral suffering, the
members of Mr. Gómez Virula’s family also endured physical pain and suffering because the
victim’s mother suffered panic attacks and was later diagnosed with diabetes. The State
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, para. 156, and Case of Muelle Flores v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of March 6, 2019. Series C No. 375, para. 155.
143
144
Article 5 of the American Convention.
24