86
punishment of those responsible. Nonetheless, the main obstacle for the
investigations in this case has been the validity and application of the Expiry Law,
which, as stated by various domestic authorities, the State does not contest the
necessity to revoke it, although, however, it does not do so.
242. It is evident that the investigations in the State related to this case, have
exceeded any standard of reasonableness regarding the length of the proceedings, to
which, notwithstanding that this entails a case of serious violations of human rights,
it has not given priority to the principle of effectiveness in the investigation of the
facts and determination and, where applicable, the necessary punishment for those
responsible. 300
243. All persons, including the next of kin of the victims of gross human rights
violations, have, pursuant to Articles 1(1), 8(1), and 25, as well as in certain
circumstances Article 13 of the Convention, 301 the right to know the truth. As a
consequence, the next of kin of the victims and society must be informed of all that
occurred in regard to said violations. 302 This right has also been recognized in
various instruments of the United Nations and by the General Assembly of the
Organization of American States,303 and whose content, in particular cases of
enforced disappearance, is part of the “right of the next of kin to know the fate of
300
Cf. Case of the Pueblo Bello Massacre, supra note 146, para. 171; Case of the Mapiripan
Massacre, supra note 14, para. 214; and Case of La Cantuta, supra note 292, para. 149. See, also,
mutatis mutandi, Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 166.
301
Recently, in the Case of Gomes Lund et al., the Court noted that under the facts involved, the
right to know the truth was related to an action brought by relatives to access certain information, related
to access to justice and the right to seek and receive information as enshrined in Article 13 of
the Convention, reason for which it was analyzed under this norm.
302
Cf. Case of Myrna Mack Chang, supra note 9, para. 274; Case of Carpio Nicolle et al. V.
Guatemala. Merits, Reparations and Costs. Judgment of November 22, 2004. Series C No. 117, para. 128,
and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 200.
303
Cf. inter alia, Report of the Office of the High Commissioner of the United Nations for Human
Rights. Study on the Right to the Truth, U.N. Doc. E/CN.4/2006/91 of January 9, 2006; General Assembly
of the OAS, Resolutions: AG/RES. 2175 (XXXVI-O/06) of June 6, 2006, AG/RES. 2267 (XXXVII-O/07) of
June 5, 2007; AG/RES. 2406 (XXXVIII-O/08) of June 3, 2008; AG/RES. 2509 (XXXIX-O/09) of June 4,
2009, and AG/RES. 2595 (XL-O/10) of July 12, 2010, and Report of Diane Orentlicher, Independent expert
responsible for updating the set of principles to combat impunity (E/CN.4/2005/102) of February 18,
2005. In the same sense, the former Human Rights Commission of the United Nations, in the Set of
Principles for the protection and promotion of human rights through action to combat impunity, of 2005,
established, inter alia, that: i) “Every people has the inalienable right to know the truth about past events
concerning the perpetration of heinous crimes and about the circumstances and reasons that led, through
massive or systematic violations, to the perpetration of those crimes, (principle 2); ii) A people’s
knowledge of the history of its oppression is part of its heritage and, as such, must be ensured by
appropriate measures in fulfilment of the State’s duty to preserve archives and other evidence concerning
violations of human rights and humanitarian law and to facilitate knowledge of those violations. Such
measures shall be aimed at preserving the collective memory from extinction and, in particular, at
guarding against the development of revisionist and negationist arguments, (principle 3); iii) Irrespective
of any legal proceedings, victims and their families have the imprescriptible right to know the truth about
the circumstances in which violations took place and, in the event of death or disappearance, the victims’
fate, (principle 4), and iv) States must take appropriate action, including measures necessary to ensure
the independent and effective operation of the judiciary, to give effect to the right to know. Appropriate
measures to ensure this right may include non-judicial processes that complement the role of the
judiciary. Regardless of whether a State establishes such a body, it must ensure the preservation of, and
access to, archives concerning violations of human rights and humanitarian law. Cf. in the Set of Principles
for the protection and promotion of human rights through action to combat impunity
(E/CN.4/2005/102/Add.1) of February 8, 2005.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos