counterinsurgency operations by the Armed Forces, and the structure in which the persons who
are probably involved were inserted, thus avoiding omissions in the collection of evidence and in
following logical lines of investigation.407 In this regard, the Court considers that State
authorities are obliged to collaborate in the collection of evidence in order to achieve the
objectives of the investigation and must abstain from actions that entail obstructions to the
progress of the investigative process.408 It is also essential that the organs responsible for the
investigations be provided, formally and substantially, with the adequate and necessary
authority and guarantees to obtain access to the pertinent documentation and information to
investigate the facts denounced and obtain indications or evidence of the location of the
victims.409 The State cannot shield itself behind lack of evidence of the existence of the
documents requested; but rather, it must justify the refusal to provide them, demonstrating that
it has taken all available measures to verify that the information requested does not exist.410
Thus, in the case of human rights violations the Court has already indicated that “State
authorities cannot shield themselves behind mechanisms such as State secrets or the
confidentiality of information, or by reasons of public interest or national security, in order not to
provide the information required by the judicial or administrative authorities responsible for the
pending investigation or proceedings.”411
258. Second, the Court observes that although the trial judge ordered the inspection of the
scene of the events and the exhumation of the corpses on November 9, 1990, it was not until
June 19, 1991, that the judge established the date for this measure that, finally, was not carried
out due to insufficient time to prepare for it according to the letter from the Director of the
Institute for Forensic Medicine (supra para. 215). Subsequently, it was not possible to perform
the required exhumations owing to the supposed existence of mines in the area where the
measure ordered was to be carried out. This situation persisted until May 5, 1992, when the trial
judge ordered that the measures should continue (supra paras. 217 to 226). Finally, it was only
on May 27, 1992, that the inspections of the places where the events occurred took place, and
on September 9, 1992, that the first exhumations were authorized, which were performed from
October 13 to November 17, 1992 (supra paras. 227 and 230). In other words, even though
Pedro Chicas Romero’s initial complaint was filed on October 26, 1990, it was only on October
13, 1992, that the first exhumations were performed. Thus, for almost two years no exhumation
work was performed owing to the lack of experts in this area and the supposed existence of
mines; situations which were used to justify the inactivity of the judicial authority.
259. According to the internal reports of Tutela Legal del Arzobispado, in a meeting between
this organization and the trial judge on March 27, 1992, the latter stated that “he had received
orders from above to delay the investigation or to bring it to a standstill”; these orders came
from the President of the Republic, the President of the Supreme Court of Justice, the Prosecutor
General, and even the Minister of Defense at the time. These orders were, inter alia, that he
should not establish a date for the exhumations.412 Also, in a press communiqué of April 8,
1992, Tutela Legal del Arzobispado denounced irregularities that it believed were being
committed in the investigations up until that time. These irregularities included that the trial
judge had refused “to indicate [to the members of the Argentine Forensic Anthropology Team] a
date for the inspection and exhumation, [giving] credibility to the rumors of minefields in the
407
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs, para. 166, and Case of the
Río Negro Massacres v. Guatemala, para. 194.
408
Cf. Case of García Prieto et al. v. El Salvador. Preliminary objections, merits, reparations and costs. Judgment of
November 20, 2007. Series C No. 168, para. 112, and Case of the Río Negro Massacres v. Guatemala, para. 194.
409
Cf. Case of Tiu Tojín v. Guatemala, para. 77, and Case of Contreras et al. v. El Salvador, para. 145.
410
Cf. Case of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil, para. 211, and Case of Contreras et al. v. El
Salvador, para. 177.
411
Case of Myrna Mack Chang v. Guatemala, para. 180, and Case of Contreras et al. v. El Salvador, para. 171.
412
Cf. Internal reports of the Oficina de Tutela Legal del Arzobispado of March 27 and July 29, 1992 (evidence file,
tome II, annex 10 to the submission of the case, folios 1537 to 1543).
85
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