Pimentel Barrios, embodied in Article 19 of the American Convention, in relation to Article
1(1) of this instrument.
2. Protection of the family
169. In the instant case, the Commission did not argue the alleged violation of the right to
protection of the family. This argument was put forward only by the representatives. This
Court reiterates that the alleged victims, their next of kin or their representatives may
invoke rights other than those included in the Commission’s Report on Merits, based on the
facts described by the Commission (supra para. 33).
170. The representatives asked the Court to declare that the right to protection of the
family had been violated “to the detriment of the Barrios family, whose members have been
identified.” They argued that, in this case, “the whole family had been directly affected
owing to the constant threats and persecution suffered by its members, the displacement of
which they were victims, the disruption of their community, the fragmentation of the
households and the loss, for many of its members, of the essential figure of the father,
owing to the executions that were perpetrated.”
171. The Court considers that these arguments refer to alleged effects that, in substance,
will be examined in different chapters of this judgment; consequently it does not find it
necessary to make an additional ruling in this regard.
X
RIGHTS TO JUDICIAL GUARANTEES AND TO JUDICIAL PROTECTION, IN RELATION
TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS
172. First, the Court will include some general considerations regarding the right to
judicial guarantees and to judicial protection. It will also summarize the arguments of the
parties concerning the alleged violations of these rights. It will then analyze the domestic
proceedings initiated in relation to each incident suffered by the victims. Lastly, the Court
will refer to the alleged violation of the right to the truth argued by the representatives.
A.
General considerations of the Court
173. In previous cases, the Court has recognized the necessary relationship that exists
between the general obligation to guarantee rights indicated in Article 1(1) of the
Convention and the specific rights protected by this instrument. This obligation of guarantee
gives rise to State obligations to ensure the free and full exercise of the rights recognized in
the Convention to every person subject to its jurisdiction. Since this obligation of guarantee
is related to specific rights, it may be complied with in different ways, depending on the
right that the State has the obligation to guarantee and the specific circumstances of the
case.220
174. The obligation to investigate human rights violations is among the positive measures
that States must adopt to guarantee the rights recognized in the Convention. The Court has
held that, in order to comply with the obligation of guarantee, the States must not merely
prevent, but also investigate violations of the human rights recognized in this instrument,
220
Cf. Case of Velásquez Rodríguez, supra note 15, paras. 162 and 166, and Case of Garibaldi v. Brazil.
Preliminary objections, merits, reparations and costs. Judgment of September 23, 2009. Series C No. 203, para.
111.
57
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