7
observance of this stipulation not only implies sanctions for the officials that ignore it,
but also risks for the investigation due to the failure to recognize the right to a due
process and the good name of those being investigated.” Likewise, the State indicated
that “the matters of the investigation itself shall be discussed mainly within the realm
itself of the criminal proceedings and through the procedural means offered by it” and
it pointed out that the representatives of the victims have the quality of a civil party in
the proceedings. Similarly, it considered that this Tribunal cannot specifically analyze
or make decisions regarding procedural actions, unless a violation to the due process is
argued.
8.
That this Tribunal is aware of certain risks of making public certain information
regarding internal investigations, both in reference to the effectiveness itself of the
investigation, as well as with respect to the people involved or interested in the same.
At the same time, several hypothesis or situations regarding the publicity of the
information presented within the framework of contentious cases can be presented,
both in the material aspect of the information and in reference to the procedural stage
in which the case is.
9.
That during the processing of the merits, where the State’s responsibility for the
alleged violations of the American Convention or other applicable treaties is
determined, in recent cases the respondent State has alleged the reservation of
information in the investigation phase, with the purpose of not presenting to the Court
certain documents requested in relation to domestic criminal processes. In that
assumption, the Tribunal considered that it corresponded to the State to send the
documents required informing of the reservation and of the need, convenience, or
appropriateness of maintaining the due confidentiality of the information. In those
cases, the Court considered that the State’s negative to forward documents cannot
result in detriment to the victims, but only in its own detriment, reason for which the
Tribunal could consider as established the facts that were provable only through
evidence the State refused to forward.7
10.
That during the monitoring of compliance with the Judgment, the Tribunal’s
duty is no longer the determination of the facts of the case and the State’s potential
international responsibility, but instead only the verification of the compliance with the
obligations stated in the judgment by the State responsible. For this the Court shall
have the necessary information, which shall be provided by the State, the Commission,
and the victims or their representatives. In this sense, the General Assembly of the
OAS has reiterated that, with the purpose that the Tribunal be able to fully comply with
the obligation to inform it of the compliance with its judgments, it is necessary that the
State Parties to the Convention provide the information required by said Tribunal in a
timely manner.8 Therefore, in order to comply with its duty to monitor compliance of
the reparation measures for the violations committed in detriment of the victims, and
in attention to the principle of having both parties present, in each case the Court will
assess the need, convenience, or appropriateness of maintaining the confidentiality of
7
Cf. Case of Ríos et al. v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of January 28, 2009. Series C No. 194, paras. 98 through 100. See also, mutatis mutandi, Matter
of Pérez et al. (Campo Algodonero) v. Mexico, Order of the Inter-American Court of Human Rights of January
19, 2009 (request for expansion of the alleged victims and negative to forward documentary evidence),
para. 59.
8
General Assembly, Resolution AG/RES. 2408 (XXXVIII-O/08) approved in the fourth full session,
held on June 3, 2008, titled “Observations and Recommendations to the Annual Report of the Inter-American
Court of Human Rights.”