measures.123
D. Obligation to investigate the facts that gave rise to the violations, and to
identify, prosecute and, as appropriate, punish those responsible
124. The State acknowledged its responsibility for the violations of the rights to judicial
guarantees and judicial protection because it failed to investigate the facts of the case
within a reasonable time and with due diligence, and did not take the necessary measures
to establish the respective criminal, administrative or disciplinary responsibilities after the
dismissal declared by the domestic courts, which is why the facts have remained in impunity
for almost eight years.
125. In the friendly settlement agreement, the State undertook to conduct an
investigation, within a reasonable time not to exceed one year, by creating an independent
commission in order investigate those responsible, by act or omission, for the events that
led to the death of the 107 individuals deprived of liberty (hereinafter “Investigation
Commission”). This Investigation Commission will consist of seven people, experts in
criminal investigations, coordinated by an ad hoc prosecutor from the Public Prosecution
Service, and it will make recommendations to the competent institutions or entities
responsible for taking the corresponding action. In addition, the next of kin will have the
right to be informed during all stages of the investigation process. Under the timetable for
the implementation of the agreement, the ad hoc prosecutor who will coordinate the
Investigation Commission would be appointed on April 10, 2012, and the Commission would
commence its work in June 2012.
126. The Court assesses positively the State’s willingness to clarify the facts of the case
by creating the Investigation Commission. In this regard, the Court considers that the
commission must be independent and have the necessary human and material resources to
perform it duties properly.
127. However, in a case involving denial of justice such as this one, the State's obligation
to ensure access to justice should not be understood fulfilled by the eventual creation and
results of an investigation commission. Thus, the Court finds it pertinent to reiterate, as it
has in other cases, that the “historical truth” documented in the reports of special
commissions does not complete or replace the State's obligation to establish the legal truth
through judicial proceedings.124 Therefore, even though the commission may contribute to
establishing the facts, the State must comply with the obligation to investigate the facts
that constituted the human rights violations declared in this judgment and, as appropriate,
punish them, using the pertinent legal mechanisms.
128. Based on the above, this Court orders that the State must conduct a serious,
impartial and effective investigation125 of the facts of this case in order to elucidate them,
establish the truth and the corresponding criminal, administrative and/or disciplinary
123
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, paras. 127 and 132, and Case of González Medina and family, supra
note 13, para. 204.
124
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs.
Judgment of September 26, 2006. Series C No. 154 para. 150, and Case of Contreras et al., supra note 18, para.
135.
125
Cf. Case of the Pueblo Bello Massacre v. Colombia. Interpretation of the judgment of merits, reparations
and costs. Judgment of November 25, 2006. Series C No. 159 para. and Case of Ibsen Cárdenas and Ibsen Peña v.
Bolivia. Merits, reparations and costs. Judgment of September 1, 2010 Series C No. 217, para. 65.
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