133.
The Court has stated that States are obliged to provide effective judicial remedies to the
victims of rights violations (Article 25), which must be substantiated in accordance with the rules of due
process (Article 8(1)), all within the general duty, undertaken by the States, to guarantee the free and full
exercise of the rights recognized in the Convention to all persons subject to their jurisdiction (Article 1(1)).94
134.
Therefore, the Court has identified that the duty to investigate implies that once State
authorities are aware of the act, they must initiate ex officio and without delay, a serious, impartial and effective
investigation through all the available legal means and oriented to determine the truth and the prosecution,
capture, trial and eventual punishment of all the authors of the act,95 especially when there are or there may be
involvement of state agents.96 This obligation is a duty of means and not of results, that must be undertaken by
the State as its own legal duty and not as a mere formality preordained to be ineffective, or as a result of private
interests, that depends upon the initiative of the victim or his family or upon their offer of proof.97 The duty of
the State to investigate must be diligently fulfilled to avoid impunity and the repetition of these types of acts.98
135.
Furthermore, in relation to due diligence during the investigation, the Inter-American Court
has stated that “[e]ach act of the State that forms part of the investigative process, as well as the investigation
as a whole, should have a specific purpose: the determination of the truth, and the investigation, pursuit,
capture, prosecution and, if applicable, punishment of those responsible for the facts.”99 In this regard, the State
must demonstrate it has undertaken an immediate, exhaustive, serious and impartial investigation,100 which
must be aimed at exploring all the possible lines of inquiry.101 The State may be responsible if the evidence is
not “ordered, practiced or evaluated,” which could be very important for the adequate clarification of the
facts.102
136.
On the other hand, Article 8(1) of the American Convention states, as one of the elements of
due process, that tribunals shall decide the cases submitted within a reasonable time. According to the terms
of September 1, 2010. Series C No. 217, para. 167. See also Matter of Natera Balboa. Provisional Measures regarding Venezuela. Resolution
of the Court of February 1, 2010, Consideration thirteen, and Matter of Guerrero Larez. Provisional Measures regarding Venezuela.
Resolution of the Court of August 29, 2013. Consideration six.
94 I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Preliminary Exceptions. Judgment of June 26, 1987. Series C No. 1,
para. 91; Case of Gutiérrez and Family v. Argentina. Merits, Reparations and Costs. Judgment of November 25, 2013. Series C No. 271, para.
97; and Case of Landaeta Mejías Brothers et al v. Venezuela. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of August
27, 2014. Series C No. 281, para. 215.
95 I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Merits. Judgment July 29, 1988. Series C No. 1, para. 177; and Case
of Veliz Franco et al v. Guatemala. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of May 19, 2014. Series C No. 277, para.
183.
96 I/A Court H.R., Case of Myrna Mack Chan v. Guatemala. Merits, Reparations and Costs. Judgment November 25, 2003. Series C
No. 101, para. 156; and Case of the Afro-descendant Communities displaced from the Cacarica River Basin. (Operation Genesis) v. Colombia.
Preliminary Exceptions, Merits, Reparations and Costs. Judgment of November 20, 2013. Series C No. 270, para. 371.
97 I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Merits. Judgment July 29, 1988. Series C No. 1, para. 177; and Case
of Veliz Franco et al v. Guatemala. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of May 19, 2014. Series C No. 277, para.
183.
98 I/A Court H.R., Case of the Ituango Massacres v. Colombia. Judgment of July 1, 2006. Series C No. 148, para. 319; Case of Veliz Franco et
al v. Guatemala. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of May 19, 2014. Series C No. 277, para. 183; Case of
Landaeta Mejías Brothers et al v. Venezuela. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of August 27, 2014. Series C
No. 281, para. 216.
99 I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Exceptions, Merits, Reparations and Costs.
Judgment of July 10, 2007. Series C No. 167, para. 131.
100
IACHR, Report on the Merits, No. 55/97, Juan Carlos Abella (Argentina), November 18, 1997, para. 412.
IACHR, Report No. 25/09 Merits (Sebastião Camargo Filho) Brazil, March 19, 2009, para. 109. See also, IACHR, Access to
Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007, para. 41.
101
102 I/A Court H.R. Case of the "Street Children " (Villagran-Morales et al.) v. Guatemala. Judgment of November 19, 1999. Series
C No. 63, para. 230. See also, IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20,
2007, para. 41.
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