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that any person whose human rights have been violated has a right to obtain clarification of the events
that violated human rights and the corresponding responsibilities from the competent organs of the
State, through the investigation and prosecution that are established in Articles 8 and 25 of the
Convention.110 The Inter-American Court has also observed that access to justice must ensure, within a
reasonable period of time, the right of the alleged victims or their next of kin to have everything possible
done to know the truth of what happened and the responsible parties punished.111
115.
Article 25 of the American Convention provides:
1.
Everyone has the right to simple and prompt recourse, or any other effective recourse,
to a competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even though
such violation may have been committed by persons acting in the course of their official duties.
2.
2. The States Parties undertake:
a.
a. to ensure that any person claiming such remedy shall have his rights determined by
the competent authority provided for by the legal system of the state;
b.
b. to develop the possibilities of judicial remedy; and
c.
c. to ensure that the competent authorities shall enforce such remedies when granted.
116.
Article 8(1) of the American Convention reads as follows:
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the determination
of his rights and obligations of a civil, labor, fiscal, or any other nature.
117. The Convention of Belém do Pará establishes that the obligation to act with due
diligence has special connotations in cases of violence against women.112 The Inter-American Court has
stated that the obligation to investigate effectively has a wider scope when dealing with the cases of
violence against women.113 Moreover, for an investigation to be effective, the States must conduct it
from a gender perspective.114
118. Protection of these rights is reinforced by the general obligation to respect and ensure,
undertaken in Article 1(1) of the American Convention. Here, the Inter-American Court has written that:
110
I/A Court H.R., Barrios Altos Case v. Peru. Judgment of March 14, 2001. Series C No. 75, par. 48.
111
See I/A Court H.R. Case of the Miguel Castro Castro Prison v. Peru. Judgment of November 25, 2006. Series C No.
160, par. 382, citing Caso Vargas Areco; I/A Court H.R. Case of the Ituango Massacres v. Colombia. Judgment of July 1, 2006.
Series C No. 148, par. 289; and I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006.
Series C No. 140, par. 171.
112
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
paragraph 151. 32.
113
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, par. 293.
114
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, par. 455.