197. Regarding the facts analyzed in this chapter, the Court refers back to the facts
relating to the investigations that it found established in the previous chapter (supra paras.
99 to 123). In keeping with the decision taken with regard to its competence ratione
temporis (supra paras. 45 to 61), the Court can rule on the facts that occurred as of March
25, 1999. The facts that took place before that date will be taken into account as
background information to the case; however, the Court is unable to determine any legal
consequences in relation to the alleged international responsibility with regard to them.
B) Arguments of the parties and of the Inter-American Commission
198. The Commission argued that the State “had not conducted a diligent investigation,
within a reasonable time and in keeping with the guarantees of due process, into the
victim’s forced disappearance as a means of guaranteeing the rights to life, personal
integrity and personal liberty of Narciso González Medina, as well as to ensure the rights to
truth, justice and reparation of his family.” In addition to arguing violations arising from the
proceedings of the Police and Joint Boards, regarding the judicial investigation, it stated,
inter alia, that: the said proceedings “did not constitute an effective remedy either”; “some
of the acts and omissions […] allow it to determine” that due diligence was not respected,
and “logical lines of inquiry were not pursued or evidence examined that, at a glance, would
have been able to shed light on the facts of the case and, in particular, resolve several of
the inconsistencies and alleged contradictions argued by the judicial authorities in first and
second instance.” In its final arguments the Commission added that another factor that had
contributed to impunity was the failure to define forced disappearance as a crime. It
indicated that the guarantee of a reasonable time had been violated, and that “there had
been periods of inactivity that the State has been unable to justify.” It also argued that “no
specific measures were adopted to establish the fate or whereabouts of Narciso González or
of his mortal remains.”
199. In addition to alleging violations arising from the investigations conducted by the
Police and Joint Boards, the representatives affirmed that the facts have remained in
impunity and argued the ineffectiveness and lack of diligence of the criminal judicial
investigations, indicating the supposed acts and omissions of the State authorities in this
regard. They also referred to “other actions designed to conceal the authorship of the
disappearance,” and affirmed that the guarantee of a reasonable time had been violated. In
addition, they alleged the violation of Articles 1, 6 and 8 of the Inter-American Convention
against Torture and the violation of the right to the truth, “protected by Articles 1(1), 8, 13
and 25 [of the American Convention] taken as a whole,” to the detriment of Mr. González
Medina’s family. The representatives asked the Court to “determine that, in view of the
failure to specifically define the crime, including the minimum elements established by case
law, […] the absence of appropriate investigation protocols, and an adequate punishment
that permits the eradication of the forced disappearance of persons in the Dominican
Republic, the State has violated the obligations contained in Articles 2 and 1(1) of the
American Convention.”
200. Both the Inter-American Commission and the representatives argued that the State
had violated Article 13 of the American Convention to the detriment of the family of Mr.
González Medina owing to the alleged lack of access to information related to his detention
and subsequent disappearance. In the application, the Commission based its arguments on
the alleged destruction and alteration of records of the individuals detained in official
facilities to which Narciso González Medina could have been taken. The representatives
indicated that the Dominican Republic had never provided the victim’s family with a copy of
the investigation conducted by the Police Board, or of the definitive investigation carried out
65
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