52
procedural initiative of the victims or their next of kin or of the bearing of
evidence from the private sector.183 From this obligation, once the State
authorities are notified of the facts, they must initiate ex officio and without
delay, a serious, impartial, and effective investigation.184 This investigation must
be carried out in all of the available legal venues and be aimed at determining the
truth.
139. The Court has also noted that from Article 8 of the Convention, what can
be gathered is that victims of human rights violations, or their next of kin, should
have ample possibilities to be heard and act in the respective procedures, in the
search to ascertain the facts and in the punishment of those responsible, as well
as the search for due reparation. Moreover, the Court has noted that the
obligation to investigate and the corresponding right of the alleged victim or their
next of kin cannot be gathered merely from the conventional norms of
international law which are imperative for the States Parties, but also from the
right to investigate ex oficio certain illicit conduct and the norms that permit the
victims or their next of kin to file a complaint or present a lawsuit, evidence, or
applications, or any other matter, in order to participate procedurally in the
criminal investigation with the hope of establishing the truth of the facts.185
140. In addition, the obligation pursuant to international law to prosecute, and
if criminal responsibility is determined, punish the perpetrators of human rights
violations, stems from the obligation to guarantee rights enshrined in Article 1(1)
of the American Convention. This obligation implies the obligation of States
Parties to organize their governmental apparatus, and in general, all of the
structures in which public power is manifested, in a way that assures individuals
the free and full exercise of their human rights.186 As a consequence of this
obligation, the States must prevent, investigate, and punish all violations to the
human rights enshrined in the Convention, and also, seek the reestablishment, if
it is possible, of the violated right, and where applicable, the reparation of the
harm produced given the violation of the human rights.187 If the State’s
apparatus functions in a way that assures the matter remains with impunity, and
183
Cf. Case of Velásquez Rodríguez. Merits, supra note 25, para. 177; Case of Fernández Ortega
et al., supra note 53, para. 191, and Case of Rosendo Cantú et al., supra note 45, para. 175.
184
Cf. Case of the Masacre of Pueblo Bello, supra note 139, para. 143; Case of Rosendo Cantú
et al., supra note 45, para. 175, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24, para.
65.
185
Cf.
as
an
example,
the
Code
of
Criminal
Procedure
in
Brazil,
Articles:
Article 14. The victim or his legal representative, and the accused may request a procedure, to be
held or not, according to the authority.
Article 27. Any person of society can promote the initiative of Public Prosecution, in cases in which the
public action corresponds, by providing, in writing, information on the facts and the responsibility and
indicating the time, place, and the elements of evidence.
Article 268. In all the terms of the Public Action, the offended person may act in the aid of the public
prosecutor’s office, the victim or his legal representative or, where necessary, any person referred to
in Article 31.
186
Cf. Case of Velásquez Rodríguez. Merits, supra note 25, para. 166; Case of González et al. (“Cotton
field”), supra note 134, para. 236, and Case of the Dos Erres Massacre v. Guatemala. Preliminary
Objection, Merits, Reparations and Costs. Judgment of November 24, 2009. Series C No. 211, para.
234.
187
Cf. Case of Velásquez Rodríguez. Merits, supra note 25, para. 166; Case of Ticona Estrada et al. v.
Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C No. 191, para. 78,
and Case of Garibaldi, supra note 18, para. 112.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos