the trial judge stated that he has maintained constant communication with the EAAF, 249 as far
as this process is concerned, there is no evidence that the alleged victims have been duly
informed so they can participate, be aware of, and witness, where applicable, the steps that
could have been taken to arrive at the conclusions contained in the note.
219. The Guiding Principles for the Search for Disappeared Persons, approved by the
Committee against Enforced Disappearance, establish that the victims, their representatives,
their lawyers, and the persons authorized by them have the right to participate in the search
efforts and access “information on the action taken and on the progress and results obtained,”
which entails the duty for the authorities “to provide regular and incidental information on the
measures adopted [...] and on any obstacles” that arise. 250
220. All this is understood to be included in demands for the right to know the truth, which,
in addition to covering the right of the relatives of a victim of forced disappearance to know
their fate and, if applicable, the location of the remains, 251 also includes the right to be
informed of the proceedings carried out and the results obtained, 252 including any hypothesis
or conclusion that may arise, in the highest possible detail and in accordance with the technical
and scientific specifications that the subject merits. In any case, with respect to the rights of
the alleged victims, it is the Court’s view that the international proceeding is not the suitable
forum for them to learn such information. On this issue, the Working Group on Enforced or
Involuntary Disappearances has also affirmed that the right to the truth in relation to forced
disappearances, refers—among other elements—to “the right to know about the progress and
results of an investigation [with regard to] the fate or the whereabouts of the disappeared
persons,” entailing for the State the obligation to “have the results of these investigations
communicated to the interested parties.” 253
221. This Court has indicated that although the right to know the truth has been
fundamentally framed within the right to access to justice, 254 its nature is broad and, therefore,
violations of it may affect different rights enshrined in the American Convention, depending
Cf. Order of July 15, 2021 issued by the National Federal Criminal and Correctional Court No. 3 (evidence file,
volume XIX, evidence to facilitate adjudication of the case, folios 21246 and 21247).
250
Cf. Committee on Enforced Disappearances, Guiding principles for the search for disappeared persons, UN
Doc. CED/C/7, May 8, 2019, Principles 5(1) and 5(2).
251
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, par. 181; Case of Alvarado Espinoza et al. v.
Mexico, supra, par. 240, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 87. See, International Convention
for the Protection of All Persons from Enforced Disappearance, adopted by the General Assembly of the United Nations
on December 20, 2006, Article 24(2).
252
Cf. Case of Gelman v. Uruguay, supra, par. 260, and Case of Alvarado Espinoza et al. v. Mexico, supra, par.
299.
253
Cf. Human Rights Council, Working Group on Enforced or Involuntary Disappearances, General comment on
the right to the truth in relation to enforced disappearance, January 26, 2011, UN Doc. A/HRC/16/48, pars. 1 and 5.
The Human Rights Committee has also indicated in cases of forced disappearances that it is the State's obligation to
provide relatives with "detailed information" on the investigation, in regards both to what happened and the fate of
the remains of the disappeared persons. Cf. Human Rights Committee, inter alia, Tikanath and Ramhari Kandel v.
Nepal, UN Doc. CCPR/C/123/D/2658/2015, Communication No. 2560/2015, August 16, 2019, par. 9; Midiam Iricelda
Valdez Cantú and María Hortencia Rivas Rodrígez v. Mexico, UN Doc. CCPR/C/127/D/2766/2, Communication No.
2766/2016, December 23, 2019, para. 14, and Malika and Merouane Bendjael v. Algeria, UN Doc.
CCPR/C/128/D/2893/2016, Communication No. 2893/2016, November 3, 2020, para. 10. See also Commission on
Human Rights, Report of the independent expert to update the set of principles to combat impunity, Diane Orentlicher,
E/CN.4/2005/102/Add.1, February 8, 2005, Principle 34, and Commission on Human Rights, Report of the United
Nations Office of the High Commissioner of Human Rights, Study on the right to the truth, UN Doc. E/CN.4/2006/91,
January 9, 2006, para. 28.
254
Cf. Inter alia, Case of Velásquez Rodríguez v. Honduras. Merits, supra, par. 181; Case of Bámaca Velásquez
v. Guatemala. Merits, supra, par. 201; Case of Barrios Altos v. Peru. Merits, supra, par. 48; Case of Almonacid
Arellano et al. Chile, supra, par. 148; Case of La Cantuta v. Peru, supra, par. 222; Case of Heliodoro Portugal v.
Panama, supra, pars. 243 and 244; Case of the Members of the Village of Chichupac and neighboring communities
of the Municipality of Rabinal v. Guatemala, supra, par. 260; Case of Vasquez Durand et al. v. Ecuador, supra, par.
165; Case of Guachala Chimbo et al. v. Ecuador, supra, par. 213, and Case of Garzón Guzmán et al. v. Ecuador,
supra, par. 88.
249
58