Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 122. Article 1.b of the Inter-American Convention on the Forced Disappearance of Persons establishes that the States Parties to that Convention shall undertake “to punish within their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories.” 123. In addition to Articles 1 and 6 of the Inter-American Convention to Prevent and Punish Torture cited above, Article 8 of that instrument establishes that: The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of the case. Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State. 1. General considerations on the duty to investigate in cases of forced disappearance 124. According to inter-American case law, whenever there is a complaint of the disappearance of a person, there is critical link between the response of the state and protection of the life and integrity of the persons reported as disappeared. The Commission reiterates that “whenever there are reasonable grounds to suspect that a person is the victim of disappearance, it is crucial for the prosecutorial and judicial authorities to act promptly and immediately by ordering the timely and necessary measures to determine the whereabouts of the victim and the place where he may be found deprived of his freedom.”91 125. The Court has held that “by virtue of the protection granted by Articles 8 and 25 of the Convention, states are required to offer effective judicial remedies to the victims of human rights violations, that must be substantiated in accordance with the rules of due legal process.”92 The Court has further stated that: Article 8 of the Convention implies that victims of human rights violations or their family members must have ample opportunities to be heard and to participate in the proceedings in 91 Inter-American Court. Case of Anzualdo Castro Vs. Peru. Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, para. 134; Case of Radilla Pacheco Vs. México. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2009. Series C No. 209, para. 221, Case of Ibsen Cárdenas e Ibsen Peña Vs. Bolivia. Merits, Reparations, and Costs. Judgment of September 1, 2010. Series C No. 217, para. 167. See also the matter of Natera Balboa. Provisional Measures with respect to Venezuela. Decision of the Court of February 1, 2010, thirteen preambular, and the matter of Guerrero Larez. Provisional Measures with respect to Venezuela. Court Decision of August 29, 2013, Sixth preambular.. 92 Inter-American Court, Case of Cantoral Huamaní y García Santa Cruz. Preliminary Objections, Merits, Reparations and Costs. Judgment of 10 July 2007. Series C No. 167. Para. 124; Inter-American Court, Case of the Massacre of la Rochela. Judgment of 11 May 2007. Series C. No. 163. Para. 145; Inter-American Court, Case of del Penal Miguel Castro Castro. Judgment of 25 November 2006. Series C No. 160. Para. 381; and Inter-American Court, Case of Trabajadores Cesados del Congreso (Aguado Alfaro et al). Judgment of 24 November 2006. Series C No. 158, Para. 106. 25

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