5
15.
According to the State, an individual has been prosecuted as perpetrator of
the crime of abuse of authority (supra Considering clause No. 12,) in relation to the
events of the instant case. The Court views favorably the State’s express
willingness to comply with the obligation to investigate the events occurred in this
case and, ultimately, punish those responsible. Nevertheless, taking into account
that it has been noted that the investigation of other potential perpetrators would
depend upon a decision of the National Prosecutor’s Office, the Court considers it
convenient to recall that treaty obligations of States Parties are binding upon all
state powers and bodies (supra Considering clause No. 3.) Thus, in relation to the
fact that the victim is entitled to move for an investigation, as observed by the
State, in the case of García-Prieto et al. v. El Salvador, the Court indicated that the
obligation to investigate "does not derive solely from the Treaty norms of
International Law binding upon the States Parties, but also from the domestic
legislation that makes reference to the duty to investigate certain unlawful
conducts, and from the norms that allow the victims or their family members to
present a complaint such that they may participate in the criminal proceedings in
order to establish the truth of the events."5
16.
In the Judgment on reparations (supra Having Seen clause No. 3, para. 64,)
this Court decided that “the State has the obligation to investigat[e] the human
rights violations in this case and prosecute those responsible in order to avoid
impunity." In this regard, the Court emphasizes that the State itself has noted that
it is obliged to investigate the events amounting to human rights violations against
Cesti-Hurtado (supra Considering clause No. 12.) This is an obligation compliance
with which is independent of any individual action that the victim may take in the
instant case, considering that the State has failed to indicate that the involved
crimes should be prosecuted at party's initiative.
17.
However, the Court has stated that the duty to investigate is not breached
merely because the investigation does not produce a satisfactory result.6 In this
sense, the Court requests the State to submit information on all and every action
taken to fully comply with this obligation.
*
**
18.
As regards the obligation to make payment of pecuniary damages (Operative
paragraph No. 1 of the Judgment on reparations and Operative paragraph No. 3 of
the Judgment regarding the interpretation of the judgment on reparations,) the
State informed that "after the Arbitral Proceedings where a compensation was
awarded to Cesti-Hurtado,” he “file[d] a request for execution of the arbitral award,
which led to the granting and execution of a precautionary measure of attachment
under the form of a withholding. This situation […] made payment of compensation
materially unviable because […] there would be [two] payments for the same
obligation […]” Nevertheless, during the private hearing (supra Having Seen clause
No. 10,) the State affirmed that "[c]urrently, the controversy [..] is based on the
payment of default interest, which has been determined by the Judiciary in five
million [forty-seven thousand eight hundred forty] dollars [..]" According to the
5
Cf. Case of García-Prieto et al. v. El Salvador. Preliminary Objections, Merits, Reparations and
Costs. Judgment of November 20, 2007. Series C No. 168, para. 104.
6
Cf. Case of Velásquez-Rodríguez Vs. Honduras. Merits. Judgment of July 29, 1988. Series C No.
4, para. 177; Case of González et al. (”Cotton Field”) v. Mexico. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, para. 289; and Case of
Radilla-Pacheco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 23, 2009. Series C No. 209, para. 192.