such as those alleged in this case and, in addition, ensure the re-establishment, if possible,
of the violated rights and, as appropriate, the reparation of the damage caused by the
human rights violations.221
175. The obligation to investigate is an obligation of means and not of results, which must
be assumed by the State as its inherent legal obligation and not as a mere formality
preordained to be ineffective, or as a mere measure taken by private interests that depends
on the procedural initiative of the victims or their next of kin or upon their offer of proof.222
The State’s obligation to investigate must be fulfilled diligently in order to prevent impunity
and the repetition of this type of facts. In this regard, the Court recalls that impunity
encourages the repetition of human rights violations.223
176. In light of this obligation, once the State authorities are aware of an incident, they
must open, ex officio and immediately, a serious, impartial and effective investigation using
all legal means available, designed to determine the truth and to pursue, capture, prosecute
and eventually punish all the perpetrators of the acts, especially when State agents are or
could be involved.224
177. Furthermore, the Court has noted that this obligation persists “whatsoever the agent
to which the violation may eventually be attributed, even private individuals; because, if
their acts are not investigated genuinely, they would, to some extent, be assisted by the
public authorities, and this would entail the State’s international responsibility.”225
178. This Court has also indicated that Article 8 of the Convention reveals that the victims
of human rights violations, or their next of kin, must be given ample possibility to be heard
and to act in the respective proceedings, both to seek clarification of the facts and the
punishment of those responsible, and to obtain due reparation.226 In this regard, the Court
has indicated that, in a case of extrajudicial execution, the affected rights correspond to the
deceased victim’s next of kin, who are the interested party in the search to obtain justice
and to whom the State must provide effective remedies to guarantee them access to
justice, the investigation and eventual punishment, as appropriate, of those responsible,
and integral reparation of the consequences of the violations.227
179. Consequently, in keeping with the Court’s case law, the next of kin of the victims
have the right, and the States the obligation, to an effective investigation by State
authorities of what happened to the victims; that proceedings be instituted against those
221
Cf. Case of Velásquez Rodríguez, supra note 15, paras. 166 and 176, and Case of Garibaldi, supra note
220, para. 112.
222
Cf. Case of Velásquez Rodríguez, supra note 15, para. 177, and Case of Torres Millacura et al., supra note
41, para. 112.
223
Cf. Case of the Ituango Massacres, supra note 98, para. 319, and Case of Garibaldi, supra note 220, para.
141.
224
Cf. Case of the Pueblo Bello Massacre, supra note 39, para. 143, and Case of Manuel Cepeda Vargas,
supra note 151, para. 117.
225
Case of Velásquez Rodríguez, supra note 15, paras. 177, and Case of Ibsen Cárdenas and Ibsen Peña,
supra note 179, para. 167.
226
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra note 43, para. 227, and Case of Torres
Millacura et al., supra note 41, para. 113.
227
Cf. Case of Valle Jaramillo et al., supra note 94, para. 170, and Case of Kawas Fernández, supra note 176,
para. 120.
58
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