127. The Court has held that due diligence will be demonstrated in criminal proceedings if
the State succeeds in proving that it has made every effort, within a reasonable time, to enable
the determination of the truth and to identify and punish all those responsible, whether private
individuals or State officials.225
128. Likewise, the Court has consistently pointed out that the duty to investigate is an
obligation of means and not of results, which must be assumed by the State as its own legal
obligation and not as a mere formality preordained to be ineffective, or as a step taken by
private interests that depends upon the initiative of the victim or his family or upon their offer
of proof.226 In addition, the investigation must be serious, objective and effective, and be aimed
at determining the truth and seeking the prosecution, capture and eventual trial and
punishment of the perpetrators of the crimes.227
129. It should be recalled that, in cases of violence against women, the general obligations
provided for in Articles 8 and 25 of the American Convention are complemented and reinforced
by the obligations under the Convention of Belém do Pará.228 Article 7(b) of said convention
specifically obliges States Parties to ensure due diligence to “prevent, punish and eradicate
violence against women.”229 Thus, when faced with an act of violence against a woman, it is
particularly important that the authorities in charge of the investigation carry it out with
determination and efficiency, taking into account society’s duty to reject violence against
women and the State’s obligations to eradicate it and to provide victims with confidence in the
State institutions for their protection.230
130. The Court has also indicated that the duty to investigate has additional implications
when it concerns a woman who suffers death, mistreatment or impairment of her personal
liberty within a general context of violence against women.231 It is often difficult to prove in
practice that a murder or an act of violence against a woman has been perpetrated because of
her gender. This difficulty sometimes stems from the absence of a thorough and effective
with the support of the Americas and Caribbean Regional Office of the United Nations Entity for Gender and the
Empowerment of Women (UN Women), in the context of the United Nations Secretary General’s “UNITE” Campaign
to
End
Violence
Against
Women.
Available
at:
https://www.unwomen.org//media/headquarters/attachments/sections/library/publications/2014/moof theo%20de%20protocolo.ashx?la=es.
225
Cf. Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus v. Brazil, supra, para. 221.
226
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Garzón Guzmán et al. v.
Ecuador. Merits, reparations and costs. Judgment of September 1, 2021. Series C No. 434, para. 67.
227
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 Garzón Guzmán et al. v. Ecuador, supra, para.
67.
228
With regard to the investigation of acts committed against women, the application of the Belém do Pará
Convention does not depend on an absolute degree of certainty as to whether or not the act to be investigated
constituted violence against women under the terms of the Convention. In this sense, it should be emphasized that it
is through compliance with the duty to investigate established in Article 7 of the Convention of Belém do Pará that, in
several cases, it will be possible to arrive at certainty as to whether or not the act under investigation constituted
violence against women. Compliance with this duty cannot, therefore, be made dependent on such certainty. In order
to trigger the obligation to investigate under the terms of the Convention of Belém do Pará, it is sufficient that the act
in question, in its materiality, presents characteristics that, if reasonably assessed, indicate the possibility that it is an
act of violence against women. Cf. Case of Véliz Franco et al. v. Guatemala, supra, footnote 254, and Case of Velásquez
Paiz et al. v. Guatemala, supra, footnote 293.
229
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment
of August 30, 2010. Series C No. 215, para. 193, and Case of Guzmán Albarracín et al. v. Ecuador. Merits, reparations
and costs. Judgment of June 24, 2020. Series C No. 405, para. 177.
230
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 193, and Case of Guzmán Albarracín et al. v.
Ecuador, supra, para. 177.
231
Cf. Case of González et al. (“Cotton Field”), supra, para. 293, and Case of Velásquez Paiz et al. v. Guatemala,
Preliminary objections, merits, reparations and costs. Judgment of November 19, 2015. Series C No. 307, para. 146.
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