that “following a proceeding that guaranteed the equality and participation of the parties,” “it
was possible […] to capture and punish the perpetrators of the facts that resulted in the
disappearance and murder of Mr. […] Palma Mendoza.” Accordingly, it indicated that “the
proceeding itself was the crucial instrument that provided the presumed victim and his next
of kin with guarantees to protect their rights and, consequently, mechanisms of reparation
and punishment of those responsible for the crime perpetrated against Mr. […] Palma
Mendoza.”
74.
In addition, the State argued the existence of effective criminal proceedings in the
course of which different measures were taken in order to reach a procedural truth. In this
regard, it indicated that:
It is worth asking ourselves whether the fact that, in the course of the proceedings, all those
investigated are not convicted can result in lack of probity of the judges, or determine that the
investigative procedure was a mere formality, which appears to be the argument put forward by
the Commission in its report and also by the representative of the presumed victims. […] Hence,
if proceedings were held that culminated in the corresponding punishment, respecting all the
legal appeals, there is no reason or possibility for having recourse to an international court
based on disagreement with the judgment that was handed down.
75.
The State added that the task of “determin[ing whether’] there were masterminds
and […] accessories after the fact” “is a task reserved to a domestic judge.” Also, that “Mr.
Palma Mendoza’s next of kin discontinued their action,” and that this “reveals a certain
juridical incoherence in taking the case to the regional system for the protection of human
rights, without any grounds.” Also, it indicated that the discontinuance of the action “should
not be understood as a secondary element, because it reveals the confidence of Mr. Palma
Mendoza’s next of kin in the domestic legal system, which it considered capable of
sentencing and convicting those they believed to be responsible for the crime perpetrated.”
In addition, it indicated that, owing to the discontinuance, “it would make no sense that […]
compensation is granted to those who waived the exercise of their rights [under] the criminal
system and, in addition, under the civil proceedings, renounced compensation for damage
against the perpetrators, in a preliminary proceeding.”
76.
Moreover, the State argued “the inexistence of [the participation of] State agents in
this case.” In this regard, it was emphatic in indicating that “unscrupulous individuals who
falsified their identities or used false credentials to pretend that they were members of the
Armed Forces, acted autonomously as private agents […] violating the criminal laws in force
at the time.”
77.
Regarding the duration of the domestic proceedings, the State indicated that the
“complexity of the matter […] both factually and legally” should be considered, based on
factors such as “the inter-relationship between judicial institutions to investigate and hear
the case, the type and number of legal measures taken,” and “the number, status and
location of the individuals involved in the proceedings, whether defendants or witnesses.” It
added that, since this was a case that “went through three proceedings, in which a
reconstruction of the crime was organized, [and …] numerous statements [, and also]
grueling interviews took place and, evidently, information was disseminated throughout the
country; definitely, the matter was complex.”
78.
Regarding the application for habeas corpus, the State indicated that “the effective,
simple and prompt remedy was indeed […] habeas corpus together with the application for
habeas data,” and that the latter was not attempted, even though it was the
“complementary [remedy] when trying to find persons who had presumably disappeared.”
The State indicated that “even though [the application for habeas corpus] was initially
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