84
members or on the contribution of evidence by private individuals. 396 The investigation must be
serious, impartial and effective, and be aimed at determining the truth and the pursuit, capture,
prosecution and eventual punishment of the perpetrators of the facts. 397 The said obligation
remains “whosoever the agent to whom the violation may eventually be attributed, even private
individuals, because if their acts are not investigated correctly, they would, to a certain extent,
be aided by the public authorities, which would engage the international responsibility of the
State.” 398 Moreover, due diligence requires that the body conducting the investigation take all
the actions and make all the inquiries required to achieve the result sought. To the contrary, the
investigation is not effective in the terms of the Convention. 399
239. In particular, under Article 1(1) of the American Convention, the obligation to ensure the
rights recognized in Article 5(1) and 5(2) of the American Convention entails the State’s duty to
investigate possible acts of torture or other cruel, inhuman or degrading treatment. 400 This
obligation to investigate is enhanced by the provisions of Articles 1, 6 and 8 of the InterAmerican Convention to Prevent and Punish Torture that oblige the States “to take effective
measures to prevent and punish torture within their jurisdiction,” as well as “to prevent and
punish other cruel, inhuman or degrading treatment or punishment.” In addition, pursuant to
Article 8 of that Convention, States Parties “shall guarantee that any person making an
accusation of having been subjected to torture within their jurisdiction shall have the right to
an impartial examination of his case. In addition, if there is an accusation or well-grounded
reason to believe that an act of torture has been committed within their jurisdiction, the States
Parties shall guarantee that their respective authorities will proceed properly and immediately
to conduct an investigation into the case and to initiate, whenever appropriate, the
corresponding criminal proceedings.”
240. In this regard, it is essential that States act diligently to avoid alleged acts of torture or
cruel, inhuman and degrading treatment, taking into account, moreover, that the victims usually
abstain from denouncing the facts, due to fear, especially when they are deprived of liberty in
the custody of the State. In addition, the judicial authorities have the obligation to ensure the
rights of all those deprived of liberty, which entails obtaining and preserving any evidence that
may substantiate alleged acts of torture. 401
241. The Court also recalls that, in cases of violence against women, the general obligations
established in Articles 8 and 25 of the American Convention are complemented and enhanced by
the obligations derived from the specific inter-American treaty, the Convention of Belém do
Pará, for those States that are party to it. Article 7(b) of that Convention specifically obliges the
States Parties to apply due diligence to prevent, investigate, punish and eradicate violence
396
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of the Human Rights
Defender et al. v. Guatemala, supra, para. 200.
397
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, para. 127, and Case of the Human Rights Defender et al. v. Guatemala,
supra, para. 200.
398
Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of the Human Rights Defender
et al. v. Guatemala, supra, para. 200.
399
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs. Judgment of March 1,
2005. Series C No. 120, para. 83, and Case of the Human Rights Defender et al. v. Guatemala, supra, para. 200.
400
Cf. Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 147, and Case of J. v.
Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No. 275, para.
341.
401
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 26, 2010. Series C No. 220, para. 135, and Case of Mendoza et al. v. Argentina. Preliminary
objections, merits and reparations. Judgment of May 14, 2013. Series C No. 260, para. 234.
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