67
right to defend oneself, so that it is not used as a mechanism to delay the
process, and
f)
ensure that the different organs in the judicial system involved in the
case have the human and material resources necessary to perform the tasks
adequately, independently, and impartially, and that the individuals who
participate in the investigation, including victims, witnesses, and justice
agents have appropriate security guarantees.
234. The Court deems it necessary to reiterate what it has indicated on repeated
occasions with regards to the obligation to guarantee rights enshrined in Article 1(1)
of the American Convention, the State has the obligation to prevent and fight
impunity, which the Court has defined as “the lack of investigation, pursuit, arrest,
prosecution, and conviction of those responsible for human rights violations.” To fulfill
this obligation, the State has to fight impunity through all legal means available,
given that it is “conducive to chronic repetition of the human rights violations and
total defenselessness of the victims and their next of kin.”255 Likewise, the State has
to “organize its governmental apparatus and, in general, all structures through which
public power is exercised, so as to legally ensure the free and full exercise of human
rights.” 256
235. The Court considers that for purposes of the instant case, to make the victims’
access to justice effective, the judges must guide and lead the legal proceeding with
the purpose of not sacrificing justice and due process for formality and impunity, as
well as to process legal remedies so as to restrict disproportionate use of actions
which may cause delays or hinder the proceeding.
236. Lastly, the State must publish the results of the investigation and of the
criminal proceeding to all Guatemalan society.
B.2)
Regulation of the Law on the appeal for legal protection
237. The Commission requested the necessary measures to be taken so that the
appeal for legal protection is not used as a delaying mechanism. The representatives
requested the Court to order the State to adapt the Law on the Appeal for legal
protection to Inter-American standards, for which it must take into consideration the
establishment of admissibility criteria for the appeal for legal protection; the
determination of the specific jurisdiction of the different chambers to hear the
appeal; expanding the possibilities of accumulating appeals; the obligation of the
Supreme Court judges to refrain from hearing issues in which they have an interest,
and the mechanisms for punishing abusive and delaying conduct by the attorneys.
238. The Court established that the State did not comply with the obligations
established in Articles 1(1) and 2 of the Convention, given that in the instant case
the authorities, within the current legal framework, have allowed and tolerated the
abusive use of legal remedies, such as the appeal for legal protection. Likewise, the
State has not adopted the precautions to make the appeal for legal protection a
simple, quick, adequate, and effective remedy to protect human rights and to
prevent it from becoming a means to delay and thwart the judicial process as a factor
for impunity (supra para. 153).
255
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits, supra note 29, para.
173; Case of Anzualdo Castro v. Peru, supra note 28, para. 179, and Case of Garibaldi v. Brasil, supra note
23, para. 141.
256
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 30, para. 166; Case of Kawas
Fernández v. Honduras, supra note 21, para. 190, and Case of Anzualdo Castro v. Peru, supra note 28,
para. 62.
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