56
153. In brief, it was the responsibility of the authorities in charge of pursuing the
investigations to channel them correctly and opportunely from the outset in order to
establish the identity of those responsible for the disappearances, as well as to determine
the fate or the whereabouts of Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez, Gregoria
Herminia Contreras, Serapio Cristian Contreras, Julia Inés Contreras and José Rubén Rivera
Rivera, based on the context in which they took place. Meanwhile, it was the search
activities of a non-governmental organization that made it possible to locate Gregoria
Herminia Contreras. In the Court’s opinion, the actions of the authorities in charge of
pursuing the investigations have not been exhaustive and have not allowed the investigation
to advance, or to determine coherent lines of investigation. In addition, it should be stressed
that, during their initial stages, the domestic investigations were plagued by long periods of
inactivity due to the absence of procedural activity ex officio by the body responsible for the
investigation and the closure of the cases decided by the judicial authorities which, in the
Court���s opinion, impaired their seriousness and due diligence. Also, the Court considers that,
in this case, as a result of the prolonged inactivity during certain periods of the investigation
and the lack of diligence, as time has passed, the possibility of collecting and presenting
pertinent evidence that would clarify the facts and determine the corresponding
responsibilities has been unjustifiably affected. Moreover, no investigations have been
opened on all the facts surrounding the disappearance of Gregoria Herminia Contreras.
154. The Court observes that, in this case, several investigations have been opened on the
same facts and victims. In this regard, it is not clear that the number of parallel case files
has benefited the development and effectiveness of the investigations. On the contrary, the
progress of the investigations could have been hindered by the existence of fragmented
parallel investigations or duplication of resources.
155. All things considered, in this case the use of State power as a means and resource for
committing the violations of rights that should have been respected and guaranteed has
been verified.247 This has encouraged situations of impunity for these grave violations,
promoted and tolerated by all the investigations, which have been neither coherent with
each other nor sufficient to clarify the facts. Consequently, they have not complied
satisfactorily with the obligation to investigate forced disappearances of the then children
effectively. The Court observes that approximately 30 years after the start of the facts and
16 years after the first investigations were opened, the criminal proceedings remain in their
initial stages without having individualized, prosecuted, and eventually punished any of
those responsible; this has surpassed excessively the time that could be considered
reasonable in this regard. Therefore, the Court considers that the State has not conducted
serious, diligent and exhaustive investigations, within a reasonable time, into the facts
concerning the forced disappearances of Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez,
Gregoria Herminia Contreras, Serapio Cristian Contreras, Julia Inés Contreras and José
Rubén Rivera Rivera. In light of these considerations and of the State’s acknowledgment of
responsibility, the Court finds that the State failed to comply with the requirements of
Articles 8(1) and 25 of the Convention, to the detriment of the Mejía Ramírez, Contreras and
Rivera children and of their next of kin.
D. Habeas Corpus proceedings
156. The Commission stressed that, even though the decisions in the three habeas corpus
proceedings filed on behalf of José Rubén Rivera Rivera, the Mejía Ramírez sisters and the
247
Cf. Case of Goiburú et al., supra note 107, para. 66; Case of Manuel Cepeda Vargas, supra note 14, para.
125, and Case of Perozo et al. v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of
January 28, 2009. Series C No. 195, para. 149.
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