A/HRC/45/13/Add.3
preventive dimension.177 In this context, truth-seeking processes and truth and
reconciliation commissions should not absolve the States’ obligation to carry out an
effective investigation into the facts.178
57.
The Inter-American Court established most strongly that effective investigations are
undertaken with the view to determine the truth surrounding the disappearance. Since the
Velásquez Rodríguez Case, the Inter-American Court has affirmed in its jurisprudence the
existence of a right of the victim’s relatives to know the victim’s fate and, if applicable,
where a disappeared person’s remains are located.179 The Inter-American Court found for
the first time in the Castillo-Páez Case that a failure to investigate corresponds to a
violation of the right to truth.180 In this context, the right to truth refers to both, determining
the factual circumstances of a disappearance and identifying alleged perpetrators
responsible for it.181 The right to know the truth of the relatives of victims of serious human
rights violations is framed within the right to access to justice and the duties to investigate
and to prosecute, deriving from articles 8 and 25 ACHR.182 As part of these duties, States
hold the obligation to effectively search for the truth, which is considered to be an
independent duty from any criminal proceedings, which may be barred by statutes of
limitation. 183 The Court has also considered the obligation to investigate as a form of
reparation, given the need to remedy the violation of the right to truth. 184 The right to truth
refers to a collective dimension, as a right owed to the society as a whole, in order to have
access to information that is essential for the establishment and safeguarding of a
democratic system.185
58.
The Inter-American Court held in Pueblo Bello Massacre v. Colombia in relation to
the reasonable timeframe of an effective investigation (paragraph 171): “[T]he right of
access to justice is not exhausted with the filing of domestic proceedings, but must also
ensure, within a reasonable time, the right of the alleged victims or their next of kin for
every necessary measure to be taken to know the truth about what happened and to sanction
those who are eventually found to be responsible.”
59.
The Inter-American Court stated in Castillo-Páez v. Peru, (paragraphs 85 and 86):
“[T]he [Inter-American] Commission considers that there has been a violation of the right
to truth and information, in the light of the State’s lack of interest in investigating the events
that gave rise to this case. (…) it [the right to truth] may correspond to a concept that is
being developed in doctrine and case law, which has already been disposed of in this Case
through the Court’s decision to establish Peru’s obligation to investigate the events that
produced the violations of the American Convention.”
60.
The Inter-American Court stated in Bámaca-Velásquez v. Guatemala (paragraphs
197 and 201): “[A]s a result of the disappearance of Bámaca Velásquez, the State violated
the right to the truth of the next of kin of the victim and of society as a whole. In this
respect, the Commission declared that the right to the truth has a collective nature, which
includes the right of society to “have access to essential information for the development of
democratic systems”, and a particular nature, as the right of the victims’ next of kin to
know what happened to their loved ones, which permits a form of reparation (…). (para 201)
[T]he right to the truth is subsumed in the right of the victim or his next of kin to obtain
clarification of the facts relating to the violations and the corresponding responsibilities
177
178
179
180
181
182
183
184
185
32
A/HRC/16/48 para. 39; E/CN.4/2005/102/Add.1 Principle 2.
IACHR, 19 Tradesmen v. Colombia, Merits, Reparations and Costs, Judgment of July 5, 2004, Series
C No. 109, para. 72(g).
IACHR, Velásquez-Rodríguez v. Honduras (see footnote 123) para. 181.
IACHR, Castillo Páez v. Peru, Judgment of November 3, 1997, Series C No. 34 paras. 85 and 86;
IACHR, Castillo-Páez v. Peru, Reparations and Costs. Judgment of November 27, 1998, Series C No.
43 para. 106.
IACHR, Serrano-Cruz Sisters v. El Salvador (see footnote 128) para. 62.
IACHR, Bámaca-Velásquez v. Guatemala (see footnote 124) para. 201.
IACHR, Velásquez-Rodríguez v. Honduras (see footnote 123) para. 177; IACHR, Villagrán Morales
et al. v. Guatemala, Judgment of November 19, 1999, Series C No. para. 226; IACHR, La Cantuta v.
Peru (see footnote 183) para. 157.
IACHR, Serrano-Cruz Sisters v. El Salvador (see footnote 128) para. 62.
IACHR, Bámaca-Velásquez v. Guatemala (see footnote 124) para. 197; IACHR, Serrano-Cruz
Sisters v. El Salvador (see footnote 126) para. 62.
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