62
expeditious justice, adversarial defense, effective recourse, implementation
judgment, and the proportionality of punishment, among other principles.
of
the
194. States have the duty to initiate ex officio, without delay, and with due diligence, a
serious, impartial and effective investigation designed to fully establish responsibility for
violations200. In order to achieve this objective, it is necessary, inter alia, that an effective
system exist to protect judicial branch officials, as well as victims and their next of kin.
Moreover, when necessary, it is important to expose the existence of complex criminal
structures and their connections which made the violations possible. In this sense,
dispositions that impede the investigation and punishment of those responsible for grave
violations are inadmissible.201
195. In cases of grave violations of human rights, the positive obligations inherent in the
right to truth demand the adoption of institutional structures that permit this right to be
fulfilled in the most suitable, participatory, and complete way. These structures should not
impose legal or practical obstacles that make them illusory. The Court emphasizes that the
satisfaction of the collective dimension of the right to truth requires a legal analysis of the
most complete historical record possible. This determination must include a description of
the patterns of joint action and should identify all those who participated in various ways in
the violations and their corresponding responsibilities. Moreover, the investigation must be
undertaken by the State as its own legal obligation, and not as a superficial administration
of private interests, which depends upon the procedural initiative of the victims or their next
of kin, or upon the production of evidence by private parties.202 With regard to the
participation of the victims, the State should guarantee that at every stage of the
proceedings the victims have the opportunity to present their concerns and evidence, and
that these be completely and seriously analyzed by the authorities before determining the
facts, responsibility, penalties, and reparations.203
196. With regard to the principle of proportionality of the punishment, the Court deems it
appropriate to emphasize that the punishment which the State assigns to the perpetrator of
illicit conduct should be proportional to the rights recognized by law and the culpability with
which the perpetrated acted, which in turn should be established as a function of the nature
and gravity of the events.204 The punishment should be the result of a judgment issued by a
judicial authority. Moreover, in identifying the appropriate punishment, the reasons for the
punishment should be determined. With regard to the principle of lenity based upon the
existence of an earlier more lenient law, this principle should be harmonized with the
principle of proportionality of punishment, such that criminal justice does not become
200
Cf. Case of Vargas Areco, supra note 8, para. 76 and 77; Case of Ximenes Lopes, supra note 24, para.
148; and Case of the Ituango Massacres, supra note 15, para. 296.
201
Cf. Case of Molina Theissen. Reparations. Judgment of July 3, 2004. Series C No. 108, para. 84; Case of
Myrna Mack Chang, supra note 167, para. 276; and Case of Barrios Altos. Judgment of March 14, 2001. Series C
No. 75, para. 41.
202
Cf. Case of Goiburú et al., supra note 11, para. 117; Case of the Pueblo Bello Massacres, supra note 12,
para. 144; and Case of Baldeón García, supra note 112, para. 146.
203
Cf. Case of Ximenes Lopes, supra note 24, para. 193; Case of the Ituango Massacre, supra note 15, para.
296; and Case of Baldeón García, supra note 112, para. 146.
204
Cf. Case of Vargas Areco, supra note 8, para. 108; Case of Raxcacó Reyes. Judgment of September 15,
2005. Series C No. 133, para. 70 and 133; and Case of Hilaire, Constantine and Benjamin et al., supra note 33,
para. 102.
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