identify, individually, the agents to which the violations are attributed. 161 It is sufficient that
the State has an obligation that it has failed to comply with; 162 in other words, that this
unlawful act is attributed to it. 163 Indeed, it is not incumbent on the Court to examine the
hypotheses regarding authorship developed during the investigation of the facts of the
instant case and, consequently, to determine individual responsibilities, the complete
definition of which corresponds to the domestic criminal courts, but rather to evaluate the
acts or omissions of State agents, based on the evidence submitted by the parties. 164
79.
The Court recalls that international courts have wide-ranging faculties to examine
and assess evidence, based on sound judicial discretion, the rules of logic, and experience,
and do not have to adopt a rigid determination of the quantum necessary to found a
judgment. 165 Nevertheless, it is essential that the jurisdictional organ pays attention to the
circumstances of the specific case and takes into account the limits imposed by respect for
legal certainty and the procedural balance of the parties. 166 Furthermore, the Court has
established that it is legitimate to use circumstantial evidence, indications and
presumptions, provided that they lead to consistent conclusions on the facts. 167 Moreover,
the Court cannot disregard the special significance of attributing to a State Party to the
Convention the charge of having executed or tolerated on its territory violations such as
those described in the instant case. Therefore, the Court must assess the evidence in a way
that takes these elements into account and that, also, is able to create the conviction of the
truth of the alleged facts. 168
80.
The Court observes that the evidence provided in this case reveals a series of
indications regarding the participation of State agents in the murder of Mr. Gutiérrez, as
well as in the obstruction of the investigation.
81.
First, during the preliminary investigation stage of the criminal case (supra paras. 45
and 46), on September 14 and 22, 1994, the male and female eyewitnesses declared before
the Commissioner in charge of the investigation and the investigating judge, that they were
on board the train when the murder of Assistant Commissioner Gutiérrez took place, and
that two individuals participated in it, regarding whom they provided the description. The
male eyewitness affirmed that he knew both individuals and knew that they acted as police
agents, and the female eyewitness stated that one of these individuals told her that they
161
Cf. Case of the “Mapiripán Massacre”, supra, para. 110, and Case of Luna López, supra, para. 119.
162
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31,
2006. Series C No. 140, para. 113, and Case of Castillo González et al. v. Venezuela. Merits. Judgment of
November 27, 2012. Series C No. 256, para. 112.
163
Art. 2 of “Articles on Responsibility of States for internationally wrongful acts, prepared by the
International Law Commission of the United Nations, annexed to resolution 56/83 adopted by the General
Assembly [based on the report of the Sixth Committee (A/56/589 and Corr.1)]. Responsibility of States for
internationally wrongful acts”, 85th plenary meeting, 12 December 2001, Official Records of the General Assembly,
Fifty-sixth Session, Supplement No. 10 and corrigendum (A/56/10 and Corr.1 and 2). 2 Ibid., paras. 72 and 73,
which covers international use in this matter.
164
Cf. Case of Cantoral Huamaní and García Santa Cruz, supra, para. 87, and Case of Castillo González et al.,
supra, para. 113.
165
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 127, and Case of the Miguel Castro Castro Prison v.
Peru. Merits, reparations and costs. Judgment of November 25, 2006. Series C No. 160, para. 184.
166
Cf. Case of Bámaca Velásquez v. Guatemala. Merits. Judgment November 25, 2000. Series C No. 70,
para. 96, and Case of Artavia Murillo et al. (In vitro fertilization), supra, para. 58.
167
Cf. Case of Godínez Cruz v. Honduras. Merits. Judgment of January 20, 1989. Series C No. 5, paras. 136
and 137, and Case of the Supreme Court of Justice (Quintana Coello et al.), supra, para. 173.
168
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 129, and Case of Ibsen Cárdenas and Ibsen Peña v.
Bolivia. Merits, reparations and costs. Judgment of September 1, 2010. Series C No. 217, para. 70.
33
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos