complexity of the matter; 195 (b) the procedural activity of the interested party; 196 (c)
the conduct of the judicial authorities; 197 and the impact on the legal situation of the
alleged victim. 198 The Court recalls that it is the State’s responsibility to justify, based
on these criteria, why it required the time that passed to process the case and that if it
fails to do so, the Court has broad powers to form its own opinion in this regard. 199 The
Court also reiterates that it is necessary to consider the total duration of the proceedings,
from the initial procedural act until the final judgment is delivered, including any appeals
that may be filed. 200
B.3 Application of the standards to the specific case
116. Taking into consideration the allegations of the parties and the Commission, the
Court will now proceed to examine (i) the alleged lack of due diligence in the
investigation of the alleged acts of torture reported by Mr. López, and then (ii) the
alleged failure to comply with the obligation regarding reasonable time, before finally
(iii) setting forth its conclusions.
117. Firstly, the Court notes that, based on the body of evidence contained in the case
file, it has already determined that the Criminal Court of Guarantees’ first visit took place
on May 30, 2000, at which time Mr. López gave a statement in the hearing for the
application of precautionary measures (supra para. 38). 201 The Court recalls that the
judge responsible for deciding on the legal situation of the detainee or defendant, on
whether to release him or to order precautionary measures -as the first impartial
authority with whom detainees have contact- must be the guarantor of compliance with
the duty to investigate established in the Inter-American Convention to Prevent and
Punish Torture. Consequently, in cases in which there is a complaint or suspicion that a
detained person has been subjected to torture, the judge must immediately refer the
detained person to the competent authority for a medical examination in order to gather
195
Regarding the analysis of the complexity of the matter, the Court has taken into account, among
other criteria, the complexity of the evidence, the number of parties to the action or the number of victims,
the time that elapsed after what needed to be investigated was reported, the characteristics of the remedy
contained in domestic legislation, and the context in which the violation occurred. Cf. Case of Genie Lacayo v.
Nicaragua. Merits, reparations and costs. Judgment of January 29, 1997. Series C No 30, para. 77 and 78,
and Case of Angulo Losada v. Bolivia, supra, paras. 126 and 128.
196
Regarding the activity of the plaintiff in obtaining justice, the Court has taken into consideration
whether his conduct has contributed in some degree to unduly prolonging the proceedings. Cf. Case of Cantos
v. Argentina. Merits, reparations and costs. Judgment of November 28, 2002. Series C No. 97, para. 57, and
Case of Angulo Losada v. Bolivia, supra, paras. 126 and 129.
197
The Court has understood that, for the judgment to be completely effective, the judicial authorities
should act quickly and without delay, as the principle of effective judicial protection requires that the
implementation procedures be carried out without hindrance or undue delay in order to quickly, simply, and
comprehensively satisfy their purpose. Cf. Case of Mejía Idrovo v. Ecuador. Preliminary objections, merits,
reparations and costs. Judgment of July 5, 2011. Series C No. 228, para. 106, and Case of Angulo Losada v.
Bolivia, supra, paras. 126 and 130.
198
Regarding the impact on the alleged victim’s legal situation, the Court has indicated that, to determine
whether the time was reasonable, the effects caused by the duration of the proceedings on the legal situation
of the person concerned must be taken into account considering, among other factors, the matter in dispute.
Cf. Case of National Association of Discharged and Retired Persons of the National Tax Administration
Superintendence (ANCEJUB-SUNAT) v. Peru. Preliminary objections, merits, reparations and costs. Judgment
of November 21, 2019. Series C No. 394, para. 148, and Case of Angulo Losada v. Bolivia, supra, paras. 126
and 132.
199
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment
of September 22, 2009. Series C No. 202, para. 156, and Case of Angulo Losada v. Bolivia, supra, para. 126.
200
Cf. Case of Suárez-Rosero v. Ecuador. Reparations and costs. Judgment of January 20, 1999. Series
C No. 44, para. 71, and Case of Angulo Losada v. Bolivia, supra, para. 126.
201
Cf. Judge of Second Criminal Court of Guarantees, interlocutory order of May 31, 2000 (evidence file,
folios 1618 to 1623).
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