held that the State “has the obligation to fight impunity using all the legal means at its
disposal, since impunity fosters chronic recidivism of human rights violations and the
total defenselessness of victims and their relatives.” This obligation implies the duty of
States Parties to the Convention to organize their governmental apparatus and, in
general, all the structures through which public authority is exercised, so that they are
legally capable of ensuring the free and full exercise of human rights. Hence,
considering its importance, the obligation to investigate must be discharged in a
certain way, so that it is consistent with the standards established by international
rules and jurisprudence, which require investigations to be prompt, thorough, impartial
and independent.5
10.
In this Order, the Court also deemed it “essential for the State to present
organized, detailed, complete and updated information on the investigations in process
and the steps taken since the delivery of the Judgment up to the present, forwarding
copies of the relevant parts of the respective case files. Moreover, the State must
ensure the victims’ participation in all the pertinent procedural stages.”6
11.
From the information provided by the parties, the Court notes that the Order
issued by the Second Superior Court of Justice, on March 8, 2010, requiring the
opening of criminal proceedings, has not been notified to all of the accused, which
would prevent the continuation of the process. Moreover, the hearing convened in the
instant case was postponed at least twice, in July 2010 and June 2011, and the State
has not set a new date for this proceeding. In this regard, the Court recalls that the
Judgment states that, in compliance with the obligation to investigate and, if
applicable, punish those responsible, the State must remove all de facto and de jure
obstacles that impede the proper investigation of the facts, and use all means available
to expedite that investigation.7 Furthermore, this Court has not received copies of the
relevant parts of the case files from the State and, therefore, is unable to ascertain
whether or not Panama is indeed ensuring the participation of the victims or their
representatives in these proceedings, as it claims.
12.
Consequently, the Court considers it necessary that the State submit organized,
detailed, complete and updated information on the investigations carried out and the
steps taken since the delivery of the Court’s Judgment up to the present, forwarding
copies of the relevant parts of the respective case files. Likewise, in its next report
Panama must submit information on the observations of the representatives and the
Commission in relation to the facts and actions that are under investigation, as well as
the legal context thereof (supra considering paragraphs 7 and 8). In addition, the
Court reiterates that the State must guarantee the victims’ participation and provide
them with the relevant information during all the pertinent procedural stages.
2. Obligation to provide the medical and psychological care required by
Graciela De León de Rodriguez, Patria Portugal and Franklin Portugal,
immediately and free of charge, through its specialized health care
institutions (Operative Paragraph 15 of the Judgment)
5
Cf. Case of Heliodoro Portugal v. Panama. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of May 28, 2011, considering para. 21.
6
Cf. Case of Heliodoro Portugal v. Panama, supra note 5, considering para. 23.
7
Case of Heliodoro Portugal v. Panama. Preliminary Objections, Merits, Reparations and Costs.
Judgment of the Inter-American Court of Human Rights of August 12, 2008. Series C No. 186, para. 246.
4