68
257. In this case, the State has failed to comply with its obligation to adequately investigate
the forced disappearance of Mr. Omeara Miraval, and nearly 24 years have passed since the
events occurred, and there has been no clarification about the corresponding responsibilities
or the events that occurred. Therefore, the Court considers that the State violated the right
to truth to the detriment of Mr. Omeara Miraval's next of kin. In this case, as in others, said
violation is part of the right of access to justice.
D. Conclusion
258. The Inter-American Court considers that the State violated Articles 8(1) and 25(1) of
the American Convention, in relation to Article 1(1) of the same treaty, to the detriment of
Noel Emiro Omeara Carrascal, Manuel Guillermo Omeara Miraval294, Héctor Álvarez Sánchez,
Luis Enrique Omeara Miraval, Aura Isabel Omeara Miraval, Noel Emiro Omeara Miraval,
Araminta Omeara Miraval, Ricaurte Omeara Miraval, Eduardo Omeara Miraval, Zoila Rosa
Omeara Miraval, Liliana Patricia Omeara Miraval, María Omeara Miraval, Carmen Teresa
Omeara Miraval, Jaime Antonio Omeara Miraval, Elva María Solano de Álvarez, Judith Álvarez
Solano, Miguel Ángel Álvarez Solano, Héctor Manuel Álvarez Solano, Clemencia Patricia
Álvarez Solano, Ana Edith Álvarez de García, Fabiola Álvarez Solano, Manuel Guillermo Omeara
Álvarez, Elba Katherine Omeara Álvarez, and Claudia Marcela Omeara Álvarez for the lack of
a diligent investigation of the events that occurred to Noel Emiro Omeara Carrascal and Héctor
Álvarez Sánchez.
259. The Court also considers that the State violated Articles 8(1) and 25(1) of the American
Convention, in relation to Articles 1, 6 and 8 of the Inter-American Convention to Prevent and
Punish Torture and I(b) of the Inter-American Convention on Disappearance Forced Persons,
to the detriment of Luis Enrique Omeara Miraval, Aura Isabel Omeara Miraval, Noel Emiro
Omeara Miraval, Araminta Omeara Miraval, Ricaurte Omeara Miraval, Eduardo Omeara
Miraval, Zoila Rosa Omeara Miraval, Liliana Patricia Omeara Miraval, María Omeara Miraval,
Carmen Teresa Omeara Miraval, Jaime Antonio Omeara Miraval, Fabiola Álvarez Solano,
Manuel Guillermo Omeara Álvarez, Elba Katherine Omeara Álvarez, and Claudia Marcela
Omeara Álvarez, for the lack of a diligent investigation of the events that occurred to Manuel
Guillermo Omeara Miraval.
260. In addition, this Court considers that the State is responsible for the violation of the
right of the relatives of the disappeared victim to know the truth.
261. The Court considers that according to the partial acknowledgment of responsibility, the
State is responsible for the violation of the judicial guarantees and judicial protection enshrined
in Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1) of the same
instrument, to the detriment of Carmen Teresa Omeara Miraval, for not having diligently
investigated the alleged threats she suffered.
262. Similarly, according to said partial acknowledgment of responsibility, the State is
responsible for the violation of the right of movement and residence enshrined in Article 22(1)
of the American Convention and the guarantee of a fair trial and judicial protection enshrined
in Articles 8(1) and 25(1) therein, in relation to Article 1(1) of the same instrument, to the
detriment of Carmen Teresa Omeara Miraval and Fabiola Álvarez Solano, and Elba Katherine
Omeara Álvarez, Manuel Guillermo Omeara Álvarez and Claudia Marcela Omeara Álvarez, for
not having diligently investigated the alleged displacement they suffered.
Manuel Guillermo Omeara Miraval is a victim due to the State’s failure to comply with its duties, while he
was alive, regarding the investigation of what happened to his father.
294