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Article 25 in relation to Article 1(1) of the American Convention obliges the State to guarantee to
every individual access to the administration of justice and, in particular, to simple and prompt
recourse, so that, inter alia, those responsible for human rights violations may be prosecuted and
reparations obtained for the damages suffered. ... Article 25 “is one of the fundamental pillars
not only of the American Convention, but of the very rule of law in a democratic society.” That
article is closely linked to Article 8(1), which provides that every person has the right to a hearing,
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with due guarantees ... for the determination of his rights, whatever their nature.
119. The main objectives of the regional human rights system and the principle of efficacy
require that those guarantees be implemented in practice. Therefore, when States fail to guarantee the
exercise of any of these rights within their jurisdiction, both by law and in practice, they have, under
Article 2 of the American Convention, an obligation to adopt domestic legislative or other measures to
give effect to those rights. Hence, the duty of the States to provide judicial remedies is not limited to
their recognition in the constitution or the law; instead, they must be suitable to rectify the human
rights violations denounced. The Inter-American Court has held that:
[t]he absence of an effective remedy to violations of the rights recognized by the Convention is
itself a violation of the Convention by the State Party in which the remedy is lacking. In that
sense, it should be emphasized that, for such a remedy to exist, it is not sufficient that it be
provided for by the constitution or the law or that it be formally recognized, but rather it must be
truly effecting in establishing whether there has been a violation of human rights and in
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providing redress.
120. Inter-American case law has underscored the importance of conducting an immediate,
exhaustive, serious and impartial investigation of human rights violations. The Court has written that
the investigation must be undertaken
in a serious manner and not as a mere formality preordained to be ineffective. An investigation
must have an objective and be assumed by the State as its own legal duty, not as a step taken by
private interests that depends upon the initiative of the victim or his family or upon their offer of
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proof, without an effective search for the truth by the government.
121. As was shown in the preceding section, the IACHR has established that one of the most
important principles here is that the obligation of States in cases of violence against women includes the
duties to investigate, prosecute and punish the responsible parties; but it also includes the “obligation to
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I/A Court H.R., Loayza Tamayo Case v. Peru. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of November 27, 1998. Series C No. 42, par. 169; I/A Court H.R., Velásquez Rodríguez Case. Preliminary Objections.
Judgment of June 26, 1987. Series C No. 1, par. 91; I/A Court H.R., Fairén Garbi and Solís Corrales Case v. Honduras. Preliminary
Objections. Judgment of June 26, 1987. Series C No. 2, par. 90; I/A Court H.R., Godínez Cruz Case v. Honduras. Preliminary
Objections. Judgment of June 26, 1987. Series C No. 3, par. 93.
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I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.) v. Guatemala. Judgment of November 19,
1999. Series C No. 63, par. 235, citing I/A Court H.R., Cesti Hurtado Case v. Peru. Judgment of September 29, 1999. Series C No.
56, par. 121; I/A Court H.R., Castillo Petruzzi et al. Case v. Peru. Judgment of May 30, 1999. Series C No. 52, par. 185; I/A Court
H.R., Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights). Advisory
Opinion OC-9/87 of October 6, 1987. Series A No. 9, par. 24.
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I/A Court H.R., Godínez Cruz Case v. Honduras. Judgment of January 20, 1989. Series C No. 5, par. 188; I/A Court
H.R., Velásquez Rodríguez Case. Judgment of July 29, 1988. Series C No. 4, par. 177; I/A Court H.R., Case of the “Street Children”
(Villagrán Morales et al.). Judgment of November 19, 1999. Series C No. 63, par. 226.