B.
Rights to judicial guarantees152 and judicial protection153 in relation to article 1.1 of the
American Convention
1.
Standards of due diligence, officiousness and reasonable time period
80.
The Inter-American Court has established that "as a result of the protection granted by
Articles 8 and 25 of the Convention, States are obliged to provide effective judicial remedies to the victims of
human rights violations that must be substantiated according to the rules of due process of law."154
81.
The case law of the Inter-American system provides that the State is obliged, once it has
knowledge of a violation of human rights, in particular of the rights to life, personal integrity and personal
liberty,155 to initiate ex officio and immediately, a genuine, impartial and effective investigation,156 which must
be carried out within a reasonable time.157 This implies the right of victims and their families to have state
authorities initiate proceedings against the alleged perpetrators of these crimes; and if applicable, to impose
the pertinent penalties, and to compensate the damages and losses suffered.158
82.
Although the obligation to investigate is an obligation of means, rather than results, the State
must undertake it as its own legal duty and not as a mere formality predestined to be ineffective,159 or as a mere
reaction to private interests, which would depend on the procedural initiative of the victims or their family
members or on the submission of evidentiary elements by private individuals.160
83.
The Inter-American Court has indicated that the duty to investigate with due diligence implies
that the investigations must be carried out utilizing all available legal means and be oriented toward
determining the truth.161 In addition, the Commission and the Court have specified that in cases of human rights
violations, the State can be found responsible for not ordering and carrying out pertinent tests in accordance
with the duty of due diligence, and that the investigation should be oriented to explore all possible avenues of
investigation to permit the identification of the perpetrators of this violation.162
84.
Finally, with respect to the principle of a reasonable period of time contemplated in Article 8.1
of the American Convention, the Inter-American Court has established that it is necessary to take into account
three elements to determine the reasonableness of the period in conducting proceedings: a) the complexity of
Article 8.1 establishes: 1. “Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent,
independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.”
153 Article 25 establishes, in relevant part: 1. “Everyone has the right to simple and prompt recourse, or any other effective recourse, to a
competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the
state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official
duties.”
154 I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Judgment of July 10, 2007, para. 124; Case of the Rochela Massacre
v. Colombia. Judgment of May 11, 2007, para. 145; Case of the Miguel Castro Castro Prison v. Peru. Judgment of November 25, 2006, para.
381; and Case of the Dismissed Congressional Employees (Aguado - Alfaro et al.) v. Peru. Judgment of November 24, 2006, para. 106.
155 I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz. Judgment of July 10, 2007, para. 100.
156 I/A Court H.R., Case of García Prieto et al. v. El Salvador. Judgment of November 20, 2007, para. 101; Case of the Gómez Paquiyauri Brothers
v. Peru. Judgment of July 8, 2004, para. 146; Case of Cantoral Huamaní and García Santa Cruz. Judgment of July 10, 2007, para. 130.
157 I/A Court H.R., Case of Bulacio v. Argentina. Judgment of September 18, 2003, para. 114; Case of the Rochela Massacre. Judgment of May
11, 2007, para. 146; Case of the Miguel Castro Castro Prison. Judgment of November 25, 2006, para. 382.
158 I/A Court H.R., Case of García Prieto et al. Judgment of November 20, 2007, para. 103; Case of Bulacio v. Argentina. Judgment of September
18, 2003, para. 114; and Case of the Miguel Castro Castro Prison. Judgment of November 25, 2006, para. 382.
159 I/A Court H.R. Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988, para. 177; Case of Cantoral Huamaní and García Santa
Cruz. Judgment of July 10, 2007, para. 131; Case of Zambrano Vélez et al. Judgment of July 4, 2007, para. 120.
160 I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988, para. 177; Case of Zambrano Vélez et al. Judgment of
July 4, 2007, para. 120.
161 I/A Court H.R., Case of García Prieto et al. Judgment of November 20, 2007, para. 101.
162 IACHR. Report No. 25/09 Merits (Sebastião Camargo Filho) Brazil, March 19, 2009, para. 109; I/A Court H.R., Case of the “Street Children”
(Villagrán-Morales et al.). Judgment of November 19, 1999, para. 230; Case of J. v. Peru. Judgment of November 27, 2013, para. 344 (citing
Case of Juan Humberto Sánchez. Judgment of June 7, 2003, para. 128).
152