95
256. In Chapter VIII of the present Judgment, the Court established the
violation of the right to judicial guarantees and due judicial protection for the
failure to investigate, prosecute, and eventually punish those responsible for the
facts of the present case. Taking into account the foregoing, as well as its
jurisprudence, this Court orders that the State must effectively conduct a criminal
investigation of the facts of the present case in order to ascertain them,
determine the corresponding criminal responsibility, and the effectively apply the
punishment and consequences provided by law.372 This obligation must be
satisfied in a reasonable period of time, considering the criteria on investigations
indicated in cases of this type,373 inter alia:
a) to initiate the corresponding investigations in relation to the facts of the
present case, taking into account the systematic violations of human
rights that existed in said period, in order to allow for the proceeding and
appropriate investigations to be carried out in consideration of the
complexity of these facts and the context in which they occurred, thereby
avoiding omissions in the gathering of evidence and in the logical lines of
investigation;
b) to determine the physical and intellectual perpetrators of the enforced
disappearances of the victims and of the extrajudicial execution.
Furthermore, as this deals with gross violations ohuman rights, and taking
into account the nature of the facts and the continued or permanent
nature of enforced disappearances, the State many not apply the Amnesty
Law to the benefit of the perpetrators, as well as other analogous
provisions, the statute of limitations, non-retroactivity of the criminal law,
res judicata, ne bis in idem, or any other similar exception that excuses
responsibility of this obligation, in the terms of paragraphs 171 to 179 of
this Judgment, and
c) to ensure that: i) the competent authorities carry out the corresponding
investigations ex officio, and that in this manner they have at their
disposition and use all the logistical and scientific resources which may be
necessary to collect and process the evidence, and in particular, that they
have the means to access the relevant documentation and information in
order to investigate the allegations and promptly carry out the essential
actions and investigations to ascertain what occurred to the deceased
person and to the disappeared person of the present case; ii) those who
participate in the investigations, among them, the next of kin of the
victims, witnesses, an operators of justice, have at their disposition the
due guarantees for security, and iii) the authorities abstain from carrying
out acts that imply an obstruction to the development of the investigative
process.
257. In particular, the State must guarantee that the criminal cases initiated
due to the facts of the present case against the alleged perpetrators who were or
are military officials, be carried out within the ordinary jurisdiction and not within
the military jurisdiction.374 Finally, the Court considers that, based in its
372
Cf. Velásquez Rodríguez. Merits, supra note 25, para. 174; Case of Rosendo Cantú et al.,
supra note 45, para. 211, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24, para. 237.
373
Cf. Case of the Dos Erres Massacre, supra note 186, para. 233; Case of Manuel Cepeda
Vargas, supra note 18, para. 216 and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24 para.
237.
374
Pursuant to its jurisprudence, the Inter-American Court refers to the ordinary or common
jurisdication as being the criminal and non-military jurisdiction. Cf. Case of Radilla Pacheco, supra
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos