82
requires the authorities, to whom the action was addressed, to act. Based on the
foregoing, the Court will not make additional considerations in this regard.
E. Duration of the Ordinary Action
219. This Court has noted that the right to access to justice should assure, in a
reasonable period of time, the right of the alleged victims or their next of kin that
all the necessary is done in order to know the truth of what occurred, and where
applicable, the punishment of those responsible.325 The unreasonableness of the
period for the development in the legal procedure constitutes, first hand, by
itself, a violation of judicial guarantees.326 In this regard, the Court has
considered four elements to determine the reasonability of the period: a) the
complexity of the matter, b) the procedural actions of the interested parties, c)
the conduct of the judicial authorities,327 and d) the harm generated in the legal
situation of the persons involved in the process.328
220. The Court observes that the delay in the development of the Ordinary
Action cannot be justified due to the complexity of the matter. In effect, in the
present case, the purpose of the Ordinary Action, in what is appropriate here, is
access to official documents on the military operations against the Guerrilla do
Araguaia. In regard to the access to information in State custody, the Court
considers that this does not deal solely with a complex request to which a broad
delay in the response is justified. The Ordinary Action was filed in 1982 and the
judgment of first instance was issued in 2003, 21 years later. On the other hand,
since the issuance of said decision until the State initiated compliance of it in
2009, more than six years had passed.
221. In regard to the second element to be considered, of the procedural
actions of the next of kin, it is evident that in no moment these have attempted
to obstruct the judicial process, much less to delay any decision in this regard; to
the contrary, they have come forth at diverse opportunities in order to advance
the resolution of the legal procedure. 329 Therefore, the next kin whom filed an
Ordinary Action, at no point in time, hindered its development.
222.
With respect to the conduct of the authorities in the judicial proceedings,
325
Cf. Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18,
2003. Series C No. 100, para 114; Case of Garibaldi, supra note 18, para. 133, and Case of the Dos
Erres Massacre, supra note 186, para. 105.
326
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits,
Reparations and Costs. Judgment of June 21, 2002. Series C No. 94, para. 145; Case of Valle
Jaramillo et al. v. Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C
No. 192, para. 154, and Case of Garibaldi v. Brasil, supra note 18, para. 133.
327
Cf. Case of Genie Lacayo v. Nicaragua. Merits, Reparations, and Costs. Judgment of January
29, 1997. Series C No. 30, para. 77; Case of Radilla Pacheco, supra note 24, para. 244, and Case of
Comunidad Indígena Xákmok Kásek v. Paraguay. Merits, Reparations and Costs. Judgment of August
24, de 2010 Series C No. 214, para. 133.
328
Cf. Case of Valle Jaramillo et al., supra note 326, para. 155; Case of Radilla Pacheco, supra
note 24, para. 244, and Case of Comunidad Indígena Xákmok Kásek, supra note 327, para. 133.
329
Cf. inter alia: Brief of the plaintiffs in response to the remedy of the Union, submitted on
October 28, 2003 (case file of annexes to the brief of pleadings and motions, tome I, annex 5, folios
3901 to 3940); petioner’s brief of November 17, 2004 (case file of annexes to the brief of pleadings
and motions, tome I, annex 7, folios 3954 to 3963); brief of the plaintiffs in response to the remedy
of the Union, submitted on May 4, 2007 (case file of annexes to the brief of pleadings and motions,
tome I, annex 19, folios 4058 a 4072), and petitioner’s brief of July 8, 2008 (case file of annexes to
the brief of pleadings and motions, tome I, annex 7, folios 4079 to 3963).
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