12
shown that, despite the different domestic recourses used to clarify the
facts, they had not effectively prosecuted and, if it were applicable,
punished those responsible.”15 The Court reiterated at that time that it
understands impunity to be:
the lack of investigation, persecution, capture, prosecution, and conviction of those
responsible for the violations of the rights protected by the American Convention, provided
that the State is obliged to fight said situation with all legal means available, since
impunity favors the chronic repetition of the violations of human rights and the complete
defenselessness of the victims and their next of kin.16
During Monitoring of Compliance of the present case, the Court
received information from the State according to which “there was a
dismissal of the case against Julio Roberto Alpírez and colleagues on
March 8, 1999.” With regard to said information, the representatives
mentioned that the State “did not inform of the reasons for the
discontinuance of the investigation […], or the reason for which it did
not continue with the investigation and trial against Colonel Julio Alpírez
and colleagues.”17
22.
In this regard, taking into account that eight years after the
Judgment on Merits was issued in the present case the investigations
had not been effectively impelled, the Court decided to issue an Order in
January 2009, in which it considered that the investigations had been
ineffective, which included, among other factors, the information on the
dismissal that occurred in 1999.
23.
In said Order of 2009 the Tribunal, referring once again to its
jurisprudence regarding Guatemala, indicated that “impunity became an
essential factor that forms part of systematic patterns that allowed
grave human rights violations to be committed during the armed
conflict.” Specifically, the Court mentioned that its jurisprudence allowed
it to state that “the Guatemalan justice administration system was
ineffective in guaranteeing compliance with the law and the protection of
the victims’ rights in almost all the violations of human rights committed
during that time” and that “[i]n this sense, the lack of investigation of
such facts became a deciding factor in the systematic practice of
violations of human rights.”18
24.
15
Case of Bámaca Velásquez v. Guatemala, supra note 11, para. 134.
16
Case of Bámaca Velásquez v. Guatemala, supra note 11, para. 211
17
Case of Bámaca Velásquez v. Guatemala. Monitoring Compliance with Judgment. Order of the
President of the Inter-American Court of Human Rights of November 11, 2008, Considering Clauses thirty-six
and thirty-seven.
18
Cf.
Case of Bámaca Velásquez v. Guatemala. Monitoring Compliance with Judgment. Order of the