formalism and impunity and must deal with judicial appeals in a manner that restricts
the disproportionate use of actions that might have dilatory or undermining effects. 237
The authorities, in turn, must abstain from actions that would obstruct the investigatory
process.238
211. The State must ensure that the competent authorities conduct the relevant
investigations ex officio and have at their disposal the necessary powers and
resources,239 including logistical and scientific, to gather and process the evidence, as
well as to have full access to the pertinent documentation and information and to conduct
the essential actions and inquiries to clarify what happened to the disappeared persons
and to the victims of extrajudicial executions.240 The authorities must avoid omissions in
considering and evaluating the evidence and in following the logical lines of investigation.
Each State official is obligated to collaborate in the collection of evidence in order to
provide the judge of the case with all the required information and to abstain from acts
that would imply the obstruction of the investigative proceedings. 241
212. The State must, to the extent necessary, adopt all appropriate diplomatic and
judicial measures to prosecute and punish those responsible for violations, fostering by
all possible means the extradition requests that are admissible under the domestic norms
or the pertinent international law. Uruguay and the other States Parties to the American
Convention should collaborate among themselves to eliminate impunity for the violations
committed in this case by prosecuting and punishing those responsible.242
213. The State must also ensure that the victims’ next of kin have full access and the
capacity to act during all stages of the investigation and the prosecution of those
responsible.243 Those persons, as well as others who participate in the investigations
such as witnesses and justice operators, must be provided the necessary security
guarantees.244
Case of Gelman v. Uruguay. Monitoring compliance of judgment. Order of the Inter-American Court
of November 19, 2020, considering paragraph 10.
237
238
Case of Gelman v. Uruguay. Merits and Reparations, para. 254.
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, para. 174; Case of Rosendo
Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 31, 2010.
Series C No. 216, para. 211; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, para. 237-c, Case of Gomes
Lund et al. ("Guerrilha do Araguaia") v. Brazil, para. 256-c. and Case of Gelman v. Uruguay. Merits and
reparations, para. 255.
239
Case of Rodríguez Vera et al. (The Disappeared from the Palace of Justice) v. Colombia. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 14, 2014. Series C No. 287, para. 556.
240
241
Case of the Las Dos Erres Massacre v. Guatemala, para. 233.
242
Similarly, Case of Goiburú et al. v. Paraguay, para. 166.
Cf. Case of the Caracazo vs. Venezuela. Reparations and Costs. Judgment of August 29, 2002. Series
C No. 95, para. 118; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, para. 238 and Case of Gomes Lund et
al. ("Guerrilha do Araguaia") v. Brazil, para. 257 and Case of Gelman v. Uruguay. Merits and Reparations,
para. 256.
243
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, para. 174; Case of Rosendo
Cantú et al. v. Mexico, para. 211; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, para. 237-c; Case of
Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil, para. 256-c and Case of Gelman v. Uruguay. Merits and
Reparations, para. 255.
244
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