117
facts and the sanction of those responsible, and also in seeking fair compensation.239
However, the State is responsible for the effective search for the truth and this does
not depend on the procedural initiative of the victim or his next of kin, or on his
contribution of evidence.240 Accordingly, it cannot be maintained, as the State has
done (supra para. 282(ii)(b)), that, in a case such as this one, the procedural activity
of the party concerned should be considered a determinant in defining the
reasonableness of the time. It should be recalled that the case involves, inter alia,
the extrajudicial execution of 19 persons. In such cases, the Court’s case law is
unequivocal: the State has the obligation to initiate ex officio, immediately, a
genuine, impartial and effective investigation, which is not undertaken as a mere
formality predestined to be ineffective.241
297. This obligation to investigate results from the general undertaking of States
Parties to the Convention to respect and ensure the human rights embodied therein;
in other words, the obligation established in its Article 1(1), together with the
substantive right that must be protected or ensured. Thus, when the right to life is
violated, compliance with the obligation to investigate is a central element when
determining the State’s responsibility for the failure to respect due judicial
guarantees and judicial protection.
298. In this regard, based on the United Nations Manual on the Effective
Prevention and. Investigation of Extra-Legal, Arbitrary and Summary Executions, the
Court has defined the guiding principles that should be observed when it is
considered that a death may be due to extrajudicial execution. The State authorities
that conduct an investigation must try, as a minimum, inter alia to: (a) identify the
victim; (b) recover and preserve the probative material related to the death to
contribute to any possible criminal investigation into those responsible; (c) identify
possible witnesses and obtain their statements in relation to the death under
investigation; (d) determine the cause, method, place and moment of death, as well
any pattern or practice that could have caused the death, and (e) distinguish
between natural death, accidental death, suicide and murder. In addition, the scene
of the crime must be searched exhaustively, autopsies carried out and human
remains examined rigorously by competent professionals using the most appropriate
procedures.242
299. On repeated occasions, the Court has established that the State has the
obligation to avoid and combat impunity, which the Court has defined as “the
absence of any investigation, pursuit, capture, prosecution and conviction of those
239
Cf. Case of Baldeón García, supra note 5, para. 146; Case of the Pueblo Bello Massacre, supra
note 9, para. 146; and Case of the “Mapiripán Massacre”, supra note 8, para. 219.
240
Cf. Case of Baldeón García, supra note 5, para. 93; Case of the Pueblo Bello Massacre, supra
note 9, para. 144; and Case of the “Mapiripán Massacre”, supra note 8, para. 219.
241
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 143; Case of the “Mapiripán
Massacre”, supra note 8, para. 223; and Case of the Moiwana Community, supra note 12, para. 146.
242
Cf. Case of Baldeón García, supra note 5, para. 96; Case of the Pueblo Bello Massacre, supra
note 9, para. 177; and Case of the “Mapiripán Massacre”, supra note 8, para. 224. Likewise, United
Nations Manual on the Effective Prevention and. Investigation of Extra-Legal, Arbitrary and Summary
Executions, E/ST/CSDHA/12 (1991).
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