whereabouts or health or to individually identify the authority who ordered the deprivation of liberty or
carried it out.180
197.
The Court has established the duty of the state to investigate the facts so long as there is still
uncertainty as to the fate of the disappeared person and the need to provide a simple and prompt remedy for
the case, with proper guarantees.181 The Commission recalls in this regard that the states must guarantee the
right to the truth of the victim or his or her family members by means of the investigation and trial provided
for in Articles 8 and 25 of the Convention.182
198.
Finally, as regards the right to know the truth, it has been recognized in various instruments
of the United Nations and recently by the General Assembly of the Organization of American States (OAS).183
The Inter-American Court has determined the content of the right to know the truth, in particular, in cases of
forced disappearance. In the Case of Velásquez Rodríguez v. Honduras, the Court affirmed the existence of a
“right of the relatives to learn the fate of the person and, if they have been killed, the location of their
remains.”184 In cases such as these it is understood that the relatives of the disappeared person are victims of
the acts that constitute forced disappearance, which confers on them the right to have the facts investigated
and the persons responsible prosecuted and, if found guilty, punished.185 The Commission and the Court have
recognized that the right to know the truth as a right that accrues to the family members of the victims of
serious human rights violations as part of the right to access justice.186
199.
Along the same lines, the Court has held that:
the right to know the truth [has] a necessary effect for it is important that a society knows
the truth about the facts of serious human rights violations. This is also a fair expectation
that the State is required to satisfy, on the one hand, by means of the obligation to
investigative human rights violations and, on the other hand, by the public dissemination of
the results of the criminal and investigative procedures. The right to know the truth requires
from the State the procedural determination of the patterns of joint action and of all those
who participated in various ways in said violations and their corresponding responsibilities.
Moreover, in compliance with the obligation to guarantee the right to know the truth, States
may establish Truth Commissions, which can contribute to build and safeguard historical
memory, to clarify the events and to determine institutional, social and political
responsibilities in certain periods of time of a society.187
180 I/A Court HR, Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September
22, 2009. Series C No. 202, para. 64.
181
I/A Court HR., Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70, para. 197.
182 I/A Court HR., Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C
No. 163, para. 147.
183 Updated Set of principles for the protection and promotion of human rights through action to combat impunity de
(E/CN.4/2005/102/Add.1). Report of the independent expert to update the Set of principles to combat impunity, Diane
(E/CN.4/2005/102, February 18, 2005). Study on the right to the truth: Report of the Office of the United Nations High Commissioner for
Human Rights (E/CN.4/2006/91, January 9, 2006). General Assembly of the OAS. Resolutions on the Right to Truth, AG/RES. 2175
(XXXVI-O/06), AG/RES. 2267 (XXXVIIO/ 07), and AG/RES. 2406 (XXXVIII-O/08).
184
I/A Court HR, Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C. No. 4, para. 181.
185
I/A Court HR, Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 97.
IACHR. The Right to Truth in the Americas. OEA/Ser.L/V/II.152. Doc. 2. August 13, 2014. Para. 8; I/A Court HR, Case of
Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September 22, 2009, Series C No. 202, para.
118.
186
187 I/A Court HR, Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September
22, 2009, Series C No. 202, para. 119.