20 and said actions must not only be supported by the highest authorities, but there should be the strictest of diligences regarding protection of any authority against harassment, punishments, or any other type of intimidation or court order related with the acts addressed to promote the execution of the Tribunal’s judgments. The Court will refer to this matter again when analyzing the alleged harassment against the prosecutors who have impelled the present case (infra Considering Clause 58). 2.3. Deliberation between the guarantee of ne bis in idem and the victims’ rights, with regard to the compliance of the obligations to investigate in the present case Meanwhile, one of the inherent objectives of criminal investigations is to generate consequences on the rights of those accused of committing serious human rights violations. In this sense, the Court does not disregard, in the present case, the decision made by the Constitutionality Court concerning a recourse of amparo filed by a defendant to protect his rights, among them, the right to not be prosecuted twice for the same facts. This is an important guarantee in a democratic society. Therefore, a new deliberation should be convened regarding the criminal guarantees invoked to prevent the full applicability of the order to investigate issued by the Court vis-à-vis the rights of the victims of serious violations of human rights such as the present. 41. In this regard, one of the developments of the principle of legal certainty is constituted by creations such as res judicata, which allows judicial proceedings to solve conflicts by helping to put an end to controversies. The value of res judicata is even greater in criminal law in order to avoid a disproportionate exercise of the State’s punitive power, by means of prosecuting the same defendant over and over for the same facts for which he has already been prosecuted. However, it is possible to set limits to the right to ne bis in idem in order to develop other values and rights that, in certain cases, could be more important. 42. To determine the extent to which these criminal guarantees are restricted, it is convenient to distinguish between punishable acts in general and grave violations of human rights. With regard to punishable acts in general, which do not involve grave violations of human rights, 43.

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