25
has stated that “even though prescription periods are a guarantee of the
due process that must be duly observed by the judge of all those
accused of a crime, its invocation and application is unacceptable when
it has clearly been proven that the passing of time results from
procedural actions or omissions which, with clear bad faith or
negligence, attempt to favor or allow impunity.46”
Conclusion of the Court
Based on all the aforementioned, the Court concludes that it has
not received proof that the decisions adopted by the Constitutionality
Court and the Supreme Court of Justice –regarding the closing of the
case- were made pursuant with that set forth by the Judgments and
Orders of the Court in the present case. The decisions that led to the
closing of the case have hindered initial progress in the compliance with
the duty to investigate and create impunity in a case of a serious
violation of human rights such as the present, failing to comply with that
ordered by the Inter-American Court. In these types of cases, the
prevalence of a dismissal over the victims’ rights leads to a continuation
of the proceedings with clear violations of the access to justice,
prolonging impunity and making the Court’s orders illusory. Therefore,
the Tribunal decides that the State must carry out all the specific and
appropriate processes to comply with said Judgments and Orders and
adjust the corresponding judicial decisions, in such a way that the State
continue with the investigation and it becomes impossible to introduce
measures designed to eliminate responsibility and impede said
investigation as well as the possible punishment of those responsible.
52.
B.
Harassment and threats against prosecutors, victims,
and witnesses
The representatives informed of different facts that affected the
victims and witnesses in the present case, namely that i) on May 5,
2009, Jennifer Harbury “was violently removed from her house” in
Welasco, Texas, an incident “that occurred upon returning […] from a
trip […] relate[d] with the search for justice in the case of her husband,”
ii) on May 17, 2009, Mr. Ángel Nery Urízar García “who was a key
53.
46
In a similar sense, Cf. Case of Ivcher Bronstein v. Peru, supra note 36, Considering Clauses thirteen
and seventeen and Case of Las Palmeras v. Colombia, supra note 36, Considering Clause nineteen.
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