65
authorities are not exempt from making all efforts necessary in complying with their
obligation to investigate.
216. The Court has also warned that the obligation to investigate is maintained “whoever
the agent to whom the violation may eventually be attributed is, even individuals, since, if
their acts are not investigated seriously, they would result, in some way, assisted by the
public power, which would compromise the State’s international responsibility.”223
217. From all the aforementioned, it results evident that the facts of the present case are
in impunity, contrary to that argued by the State. The Court does not consider necessary any
greater detail in this sense.
b.2) Accumulation of the preliminary inquiry
218. The representatives stated that the transfer of the investigations to the General
Investigation Coordination caused a delay in the investigations, since the case files were
tended to “from their beginning” by agents of the Public Prosecutors’ Office who had different
specializations. They also argued that said entity did not have enough administrative budget
to carry out in full its investigation tasks. Finally, the representatives mentioned that the fact
that 122 cases had been brought together since April 2006 (supra para. 188) “[i]mplied that
diligences be carried out in each of these in a more sporadic manner, which can be
concluded from the reading of the case file.” The Court points out that these arguments were
not contested by the State.
219. However, the Court also observes that in the Evaluation Report on the Follow-up of
Recommendation 026/2001 of the National Human Rights Commission, it refers to the fact
that the General Investigation Coordination stated word by word to said instance that
“[b]ased on the facts denounced with regard to Rosendo Radilla-Pacheco, and 136 other
people, preliminary inquiry SIEDF/CGI/454/2007 […] is being processed; [and that] said
cabinet investigation has brought together 122 inquiries, since the facts under investigation
refer to those that occurred within the period from July 14th through 19, 1974, in the
settlements of the Sierra Madre del Sur of the State of Guerrero, where it is probable that
the disappearance of 137 persons occurred.”224 Said document also states that the General
Investigation Coordination literally informed that “[i]n that investigation, the agent of the
Public Prosecutors’ Office of the Federation has carried out different diligences tending to
locate the whereabouts not only of a single person, but of any of those mentioned in the
different accusations filed before the cabinet instance, among them Rosendo RadillaPacheco.”225
221. The Court reiterates that the due diligence in the investigation of the facts of the
present case demands that the latter be carried out taking into account the complexity of the
facts, the context in which they occurred, and the patterns that explain their commission
(supra para. 146). In the Court’s opinion, the fact that the investigation of the arrest and
223
Cf. Case of Velásquez Rodríguez. Merits, supra note 24, para. 174; Case of Godínez Cruz v. Honduras.
Merits. Judgment of January 20, 1989. Series C No. 5, para. 188, and Case of Kawas Fernández v. Honduras, supra
note 40, para. 78.
224
Cf. Report on the Evaluation of the Following of Recommendation 26/2001, National Human Rights
Commission, of August 25, 2009 (dossier of appendixes, volume IX, folio 3062).
225
Cf. Report on the Evaluation of the Following of Recommendation 26/2001, National Human Rights
Commission, of August 25, 2009 (dossier of appendixes, volume IX, folio 3063).
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