67
that such action does not depend on the procedural initiative of the victim or his next of kin or on
the provision of evidence by private individuals. 244
222. In this regard, the Court has indicated that the authorities must conduct the investigation
as an inherent legal obligation, and not leave this to the initiative of the next of kin. 245 This is a
basic and determinant element for the protection of the rights affected by such situations. 246
Consequently, the investigation should be conducted using all available legal means for the
purpose of discovering the truth and achieving the pursuit, capture, prosecution and eventual
punishment of all the masterminds and perpetrators of the acts, especially when State agents
are or could be implicated. 247 Likewise, impunity must be eliminated by the establishment of
both the general (State) and individual responsibilities, of a criminal and any other nature, of its
agents or of private individuals. 248 In compliance with this obligation, the State must remove all
obstacles, de facto and de jure, that maintain impunity. 249
223. In this case, the Court has already established that on July 8, 1991, the Special Prosecutor
for Crime Prevention of Huancavelica received complaints from Zósimo Hilario Quispe regarding
the detention and disappearance of his family members, and from Nicolás Hilario Morán, president
of the Administrative Council of the community of Santa Bárbara, regarding the abduction and
disappearance of fourteen community members. Mr. Hilario Morán also requested that a visual
inspection be carried out at the site of the events. On July 9 and 12, the Prosecutor’s Office received
complaints filed by Viviano Hilario Mancha regarding the events that occurred to his family
members (supra paras. 95 to 98). According to Report No. 17-91-FPEPD-Hvca of August 2, 1991,
in response to these complaints, the Special Prosecutor’s Office for Crime Prevention of
Huancavelica carried out the following actions: 250
i)
on July 8, 1991, it ordered a verification procedure at the Departmental Headquarters of
the Technical Police. There is no record as to whether this was carried out. It also sent
an official letter to the Headquarters of the Political and Military Command requesting
information on the patrols carried out on July 4. This request was reiterated fourteen
days later, on July 22, 1991;
ii)
it sent an official letter on July 10, 1991 to the Political and Military Chief of Ayacucho, in
order to inform him about the complaint and ask if the detainees had been taken to the
Lircay Military Base;
iii)
it received the complaints and/or statements of six other persons, namely: Teodoro
Hilario Quispe, Cecilia Mancha de Cusi, Bertha Lizana widow of Hilario, Gaudencia Quispe
de Hilario, Gregorio Hilario Quispe and Alejandro Huamaní. On July 15, 1991, the latter
reported the detention and disappearance of his son, Elihoref Huamaní. In addition,
complaints were received from Nicolás Hilario Morán, Lorenzo Quispe Huamán and
Máximo Pérez Torres, stating that they had been threatened by a Lieutenant of the
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Rodríguez Vera et al.
(Disappeared of the Palace of Justice) v. Colombia, supra, para. 475.
245
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Rodríguez Vera et al.
(Disappeared of the Palace of Justice) v. Colombia, supra, para. 488.
246
Cf. Case of the Pueblo Bello Massacre v. Colombia. Judgment of 31 January 2006. Series C No. 140, para. 145, and
Case of Rodríguez Vera et al. (Disappeared of the Palace of Justice) v. Colombia, supra, para. 488.
247
Cf. Case of Myrna Mack Chang v. Guatemala, supra, para. 156, and Case of Rodríguez Vera et al. (Disappeared of
the Palace of Justice) v. Colombia, supra, para. 488.
248
Cf. Case of Goiburú et al. v. Paraguay, supra, para. 131, and Case of Rodríguez Vera et al. (Disappeared of the
Palace of Justice) v. Colombia, supra, para. 488.
249
Cf. Case of Myrna Mack Chang v. Guatemala, supra, para. 277, and Case of Rodríguez Vera et al. (Disappeared of
the Palace of Justice) v. Colombia, supra, para. 488.
250
Cf. Report No. 17-91-FPEPD-Hvca issued by the Provincial Office of the Special Prosecutor for Crime Prevention of
August 2, 1991 (evidence file, folios 3894 to 3898).
244