prosecutor's office, or other competent authority involved in the proceedings all necessary information
and avoid taking actions that hinder the investigative process. 164
132.
Furthermore, the State must ensure that the following criteria are observed: (a) carry out the
relevant investigations, ensuring that evidence is gathered, and reasonable lines of investigation are
pursued; (b) ensure that the investigations are comprehensive, encompassing all the elements involved
in the forced disappearance; (c) identify the individuals believed to be the conspirators and perpetrators
of the victim’s forced disappearance; (d) ensure that the competent authorities carry out the pertinent
investigations ex officio and that they have and utilize all the logistical and scientific resources needed to
collect and process the evidence and, specifically, that they have the authority to examine the relevant
documentation and information in order to investigate the acts reported and carry out, in a timely
manner, the actions and inquiries that are essential to shed light on what happened to Óscar Iván Tabares
Toro; (e) in view of the seriousness and continuous or permanent nature of Mr. Tabares’s disappearance,
the State shall not, as a matter of principle and pursuant to the relevant international law, apply statutes
of limitation or immunity as an excuse to impede the investigation. 165
133.
In accordance with its settled case law, the Court reiterates that the State shall ensure the victims’
or their families’ full access and capacity to act during all stages of the investigation and prosecution of
those responsible, including any necessary measures of protection. The purpose of their participation
shall be to access justice and to find out the truth about what happened. 166
C. Locating Mr. Tabares Toro
134.
The Commission asked that the State be ordered to investigate the fate and whereabouts of
Óscar Iván Tabares Toro by means of an appropriate search plan with measurable, time-delimited results
and, if his remains are found, to take steps to identify them and turn them over the family. It noted that
this should be an effective search plan whose progress and results can be monitored and measured with
the due participation of family members and their representatives.
135.
The representatives asked that the State be ordered to continue making every effort to locate
Óscar Iván Tabares Toro or his remains as soon as possible, diligently and expeditiously following proper
procedures. They argued that this requires a search plan 167 that makes it possible to locate the victim's
remains or conclusively ascertain his ultimate fate. They argued that the State should therefore take all
possible steps to locate the victim or his remains. These steps must be taken with the agreement of the
victim's family and their representatives, and in their presence. In the event that the remains are found,
they should be turned over to the family after genetic confirmation of the relationship at no cost to the
family. They also asked that the State cover the expenses of a funeral that is consistent with the family's
beliefs, by mutual agreement with the family.
136.
The Court has determined in this case that the State violated the rights to judicial guarantees,
to judicial protection, and to the truth, including with respect to its failure to take sufficient measures to
find the victim (supra paras. 92–94). This Court stresses that because Mr. Tabares Toro was forcibly
disappeared nearly 25 years ago, it is only fair for his family to expect that he be located and that the
State take all necessary steps to toward that end. This would in turn ease the grief and suffering the
family has experienced due to that uncertainty.
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations, and costs. Judgment of November 25,
2003. Series C No. 101, para. 277, and Case of Movilla Galarcio v. Colombia, supra, para. 198.
165
Cf. Case of Vásquez Durand et al. v. Ecuador. Preliminary objections, merits, reparations, and costs. Judgment
of February 15, 2017. Series C No. 332, para. 203, and Case of Movilla Galarcio v. Colombia, supra, para. 199.
166
Cf. Case of the Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of Movilla Galarcio v. Colombia, supra, para. 200.
167
Specifically that (a) “an interinstitutional board” be established “including the Prosecutor General of the Nation
through GRUBE, the prosecutor in charge of the case, the Institute of Legal Medicine, and most importantly, the Search
Unit for Missing Persons, that meets with the participation of the victims and their representatives with the aim of
supporting the search plan for this case through measurable and verifiable commitments, timeframes, and
responsibilities within three (3) months;” and that (b) “the requested interinstitutional body take into consideration,
as it develops hypotheses and search measures, the specifics of the case, including the pattern of serious human
rights violations within the ranks and the existence of social pressure or pacts of silence to conceal the facts with
respect to Óscar Iván Tabares Toro.”
164
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