123. In this way, all persons who have had their human rights violated have the
right to obtain from the competent bodies of the State, a clarification of the events of the
violation and an establishment of the corresponding responsibilities through investigation
and trial as established in Articles 8 and 25 of the American Convention.110
124. The State’s obligation to investigate and punish human rights violations must
be undertaken by the States in a serious manner. To this effect the Court has said:
In certain circumstances, it may be difficult to investigate acts that violate an
individual's rights. The duty to investigate, like the duty to prevent, is not
breached merely because the investigation does not produce a satisfactory
result. Nevertheless, it must be undertaken in a serious manner and not as a
mere formality preordained to be ineffective. An investigation must have an
objective and be assumed by the State as its own legal duty, not as a step
taken by private interests that depends upon the initiative of the victim or his
family or upon their offer of proof, without an effective search for the truth
by the government. This is true regardless of what agent is eventually found
responsible for the violation. Where the acts of private parties that violate
the Convention are not seriously investigated, those parties are aided in a
sense by the government, thereby making the State responsible on the
international plane.111
125. In relation to the State’s duty to investigate, the Inter-American Commission
has also declared that:
The duty to investigate is not considered unfulfilled simply because no
person has been found guilty in the case or because of a circumstance in
which, in spite of efforts made, the verification of the facts is impossible.
However, in order to establish convincingly and credibly that this result has
not been the consequence of a mechanical execution of certain procedural
formalities rather than a result of the State’s effective search for the truth,
the State must demonstrate that it has conducted an immediate, thorough,
serious, and impartial investigation.112
126. Specifically, in relation to the States’ duty to investigate violations of the
right to life, contained in Article 4 of the American Convention, the Inter-American Court has
established that:
The State has the obligation to commence ex officio and without delay, a
serious, impartial, and effective investigation, which is not undertaken as a
simple formality preordained to be ineffective. This investigation must be
undertaken with all of the legal means available and must be aimed at the
determination of the truth and at the investigation, trial, and punishment of
those responsible for the violations, especially when state agents are, or may
be, involved.113
110
Inter-American Court. Case of Barrios Altos Vs. Perú. Merits. Judgment of March 14, 2001. Ser. C.,
No. 75, para. 48. Also: IACHR, Report No. 85/09, Case 11.607, Compliance Agreement, Víctor Hugo Maciel,
Paraguay, August 6, 2009, para. 145.
111
Inter-American Court. Case of Velásquez Rodríguez Vs. Honduras. Merits. Judgment of July 29, 1988.
Ser. C. No. 4. para. 177.
112
IACHR, Report No. 55/97, Case 11.137, Merits, Juan Carlos Abella et. al., Argentina, November
18,1997, para. 412; and Report No. 52/97, Case 11.218, Merits, Arges Sequeira Mangas, Nicaragua, February 18,
1998, para. 96 and 97.
113
Inter-American Court. Case of Ximenes Lopes Vs. Brazil. Merits, Reparations, and Costs. Judgment of
July 4, 2006. Ser. C. No. 149, para.148; Case of Baldeón García Vs. Perú. Merits, Reparations, and Costs.