30
prevent these degrading practices.”118 It has also observed that judicial ineffectiveness creates a climate
of impunity that is conducive to domestic violence, as “society sees no evidence of willingness by the
State, as the representative of the society, to take effective action to sanction such acts.”119
122. The Inter-American Court has also written that the duty to investigate is one of means,
not of results.120 It has also held that in order to comply with the obligation to investigate and punish,
the State must remove all the de facto and de jure obstacles and mechanisms that maintain impunity,
grant sufficient guarantees of security to witnesses, judicial authorities, prosecutors, other judicial
agents, and the next of kin of the victims, and use all possible measures to advance the proceeding.121
123. The IACHR has determined that “in order to establish in a convincing and credible manner
that [a] result was not the product of a mechanical implementation of certain procedural formalities
without the State genuinely seeking the truth, the State must show that it carried out an immediate,
exhaustive and impartial investigation,”122 and must explore all the investigative leads possible that might
identify the authors of the crime, so that they can be prosecuted and punished. The Court has
established that the obligation to investigate a death means that the effort to determine the truth with
all diligence must be evident as of the very first procedures.123 The State may be liable for a failure to
order, practice or evaluate evidence that may have been essential for a proper clarification of the
facts.124
124. The Inter-American Court has defined the guiding principles to be observed in an
investigation into a violent death. The State authorities who conduct an investigation of this type must
try, at the very least, inter alia: (i) to identify the victim; (ii) to recover and preserve the probative
material related to the death in order to assist in any potential criminal investigation of those
responsible; (iii) to identify possible witnesses and obtain their statements in relation to the death under
investigation; (iv) to determine the cause, manner, place and time of death, as well as any pattern or
practice that could have caused the death, and (v) to distinguish between natural death, accidental
death, suicide and homicide.125 In addition, the scene of the crime must be searched exhaustively, and
autopsies and tests of the human remains must be performed rigorously by competent professionals
118
IACHR, Merits Report, No. 54/01, Maria Da Penha Fernandes (Brazil), April 16, 2001, paragraph 56. 56.
119
IACHR, Merits Report, No. 54/01, Maria Da Penha Fernandes (Brazil), April 16, 2001, paragraph 56. 56.
120
I/A Court H.R., Case of Baldeón García v. Peru. Judgment of April 6, 2006. Series C No. 147, par. 93.
121
I/A Court H.R., Case of Carpio Nicolle et al. v. Guatemala. Judgment of November 22, 2004. Series C No. 117,
122
IACHR, Report on Merits No. 55/97, Juan Carlos Abella et al. (Argentina), November 18, 1997, par. 412.
par. 134
123
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. 300; I/A Court H.R., Case of the Miguel Castro-Castro Prison.
Judgment of November 25, 2006. Series C No. 160, par. 383.
124
I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series C
No. 63, par. 230.
125
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. 300; IACHR, Report No. 10/95, Manuel Stalin Bolaños (Ecuador),
September 12, 1995, pars. 32 - 34; Report No. 55/97, Juan Carlos Abella et al. (Argentina), November 18, 1997, pars 413 to 424;
Report
No.
48/97,
Ejido
Morelia
(Mexico),
April
13,
1996.
para. paragraphs 109 - 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. 47.