66
217. The obligation to investigate human rights violations is one of the positive measures that
States must adopt to guarantee the rights recognized in the Convention. 239 Thus, since its first
judgment, this Court has emphasized the importance of the State’s duty to investigate and punish
human rights violations, 240 which takes on particular importance given the seriousness of the
crimes committed and the nature of the rights infringed. 241
218. Furthermore, the obligation to investigate, prosecute and, where appropriate, punish those
responsible for human rights violations is not only derived from the American Convention; in
certain circumstances and depending on the nature of the facts, it is also derived from other interAmerican instruments that establish the obligation of States Parties to investigate conduct
prohibited by such treaties. In relation to the facts of this case, the State’s obligation to investigate
possible acts of torture or other cruel, inhuman or degrading treatment is reinforced by the
provisions of Articles 1, 6 and 8 of the Inter-American Convention against Torture, which oblige
the State to “take effective measures to prevent and punish torture within the sphere of its
jurisdiction,” and to “prevent and punish […] other cruel, inhuman or degrading treatment or
punishment.” This obligation is applicable to Peru with the entry into force of said Convention on
April 28, 1991. Likewise, the obligation to investigate is reinforced by Article I (b) of the InterAmerican Convention on Forced Disappearance of Persons, in force in Peru since March 15,
2002. 242
219. The Court notes that the specific obligations derived from the aforementioned specialized
conventions are enforceable by the State from the date of deposit of the instruments of ratification
of each one, and enter into force for that State, even if they were not in effect at the time the
forced disappearances and other violations alleged in the instant case began to be committed.
220. Based on the arguments of the parties and the Commission, the Court will now analyze the
alleged violations in relation to the investigations of the facts of the case, in the following order:
1) due diligence in the first investigative proceedings; 2) the effectiveness of the habeas corpus
remedy; 3) obstacles in the investigations; 4) the lack of due diligence in the proceedings initiated
after the reopening of the case, and 5) the right to know the truth.
B.1. Due diligence in the initial investigative proceedings
221. The Court has already pointed out that, once a forced disappearance has occurred, it is
essential that it be effectively addressed and treated as an unlawful act that may result in the
imposition of sanctions on anyone who commits, instigates, conceals or in any other way
participates in its perpetration. Consequently, whenever there are reasonable grounds to suspect
that a person has been subjected to enforced disappearance, a criminal investigation must be
initiated. 243 This obligation is separate from the filing of a complaint, since in cases of forced
disappearance, international law and the general duty of guarantee, impose the obligation to
investigate the case ex officio, without delay, and in a serious, objective and effective manner, so
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 166 and 176, and Case of Rodríguez Vera et al.
(Disappeared of the Palace of Justice) v. Colombia, supra, para. 436.
240
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of Rodríguez Vera et al.
(Disappeared of the Palace of Justice) v. Colombia, supra, para. 436.
241
Cf. Case of Goiburú et al. v. Paraguay, supra, para. 128, and Case of Rodríguez Vera et al. (Disappeared of the
Palace of Justice) v. Colombia, supra, para. 436.
242
Article I(b) of the ICFDP establishes: “The States Parties to this Convention undertake to: […] b) Punish within
their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and
their accomplices and accessories.”
243
Cf. Case of Anzualdo Castro v. Peru, supra, para. 65, and Case of Rodríguez Vera et al. (Disappeared of the Palace
of Justice) v. Colombia, supra, para. 475.
239