been completely clarified or the whereabouts of those who disappeared located. Even
though the Court recognizes that the events of this case are complex, 788 it emphasizes that,
for 16 years, no investigation was conducted into the disappearance of the victims and the
investigation of this case made no significant progress until 2005; in other words, 20 years
after the disappearances in this case commenced, even though the authorities were aware
that the victims could have been forcibly disappeared. The Court underscores that the delay
in the proceedings was caused, initially, by the failure to comply with the obligation to open
the corresponding investigations ex officio in the ordinary jurisdiction; while, at a second
stage, the authorities in charge of the investigations have lacked due diligence when
implementing them (supra paras. 471 to 477 and 497 to 504). The Court also notes that
the investigations into the detention and torture of three survivors are still at a preliminary
stage, while an investigation has not even been started into the violations committed
against a fourth survivor. Consequently, the Court considers that it is not necessary to
make a detailed analysis of the previously mentioned criteria concerning the reasonable
time.
507. The Court finds it evident that the investigations that were opened and also the
criminal proceedings, taken as a whole, have significantly exceeded the time that could be
considered reasonable for conducting serious, diligent and exhaustive investigations into the
facts of this case. And this is especially so, when taking into account that, to the time that
has already elapsed, must be added the time required: to complete the proceedings that
are currently being processed, to identify other individuals who were possibly responsible,
and to process the respective criminal proceedings with their different stages until a final
judgment is obtained. The lack of an investigation for such a long period constitutes a
flagrant denial of justice and a violation of the victims’ right of access to justice.
B.7) Right to know the truth
508. The representatives argued that, for more than 20 years, the State has “violated the
right of the victims and of their families to know the truth about the facts” “by concealing
information that is relevant to the case and by not having provided the necessary
mechanisms and proceedings to clarify the truth of what happened.” According to the
representatives, “[t]hese acts and omissions of the State constitute a violation of the right
to the truth, which is protected by Articles 1(1), 8, 13 and 25 of the Convention considered
together.” The State did not present specific arguments in this regard.
509. In different cases, the Court has considered that the right to the truth “is subsumed
in the right of the victims or the members of their family to obtain the elucidation of the
acts that violated the Convention and the corresponding responsibilities from the
competent State organs, by means of the investigation and prosecution established in
Articles 8 and 25(1) of the Convention.” 789 In addition, in some cases, such as Anzualdo
788
This is because it involves numerous victims of different acts, and that there are different degrees of
responsibility at diverse levels, as well as because it has involved the State’s constant denial that the facts occurred
(due both to the refusal to provide information, which is typical of forced disappearance, and with regard to the other
violations).
789
In most cases, the Court has included this consideration when analyzing the violation of Articles 8 and 25. Cf.
Case of Baldeón García v. Peru. Merits, reparations and costs. Judgment of April 6, 2006. Series C No. 147, para. 166;
Case of Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of November 23,
2009. Series C No. 209, para. 180; Case of Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits,
reparations and costs. Judgment of November 24, 2009. Series C No. 211, para. 151; Case of Chitay Nech et al. v.
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of May 25, 2010. Series C No. 212, para.
206; Case of Gelman v. Uruguay. Merits and reparations. Judgment of February 24, 2011 Series C No.221, paras. 243
and 244; Case of Uzcátegui et al. v. Venezuela. Merits and reparations. Judgment of September 3, 2012. Series C No.
249, para. 240, and Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of November 26, 2013. Series C No. 274, para. 220; Case of the La Rochela Massacre v.
Colombia. Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 163, para. 147; Case of Anzualdo
Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of September 22, 2009. Series C No.
178
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