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Datos de la publicación

Authors

Sebastián Valencia Quiceno

Georgina Vargas Vera

María José Gutiérrez Rodríguez

Gladys Fabiola Morales Ramírez

Ana Valeria Romero Castro

María Fernanda Delgadillo Santos

Yazmín Domínguez Rodríguez

Sandra Carolina López Pech

Fernanda Murillo Pichardo

Viridiana Poblano Flores

Cristian Rodríguez Barrón

Jocelyn Solís Urbina

Diana Villamar Ramirez

Fecha de Publicación
Número de Páginas
271
ISBN-e
978-607-552-570-9

Right to the truth

Systematization of decisions until April 2024

Reseña

The fight against impunity for serious human rights violations has become one of the central objectives of the Inter-American Court of Human Rights (IACHR). Since its early rulings on cases of enforced disappearance, the Court has developed a strategy to combat impunity based on the pursuit of truth, justice, and reparation for victims. This has involved holding States accountable for violations of their international obligations and establishing increasingly specific duties to ensure investigation, remembrance, and reparation for those affected by serious human rights violations.

Through the cases presented in this booklet, we trace the development of the right to truth –from a component embedded within the duty to investigate, to a standalone, autonomous right within the Court's jurisprudence. This evolution allows us to describe the most significant obligations that States must fulfill to uphold this right, as well as the challenges the Inter-American Court continues to face in promoting democratic transitions and preventing the return of authoritarian practices.

The path to truth in Latin America is just beginning to be consolidated and the IACHR will face many challenges in the future in the fight against impunity, the guarantee of victims' rights and the consolidation of a democratic culture that imposes clear limits on the exercise of power. The lines outlined in this booklet reflect a salid foundation for the work of the Court and the actions that States must take to comply with their obligations, but there is still a long way to go and tensions to resolve as States and societies continue to confront their efforts to clase violent pasts and consolidate cultures of peace.

Contenido

General considerations

Methodology

1. Nature and conventional foundation of the right to truth

Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34

Case of Goiburú et al. v. Paraguay. Merits, Reparations and Costs. Judgment of September 22, 2006. Series C No. 153

Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 24, 2010. Series C No. 219

Case of the Peasant Community of Santa Barbara v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of September 1, 2015. Series C No. 299

Case of García Ibarra et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 17, 2015. Series C No. 306

Case of Members of the "José Alvear Restrepo" Lawyers Collective v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 18, 2023. Series C No. 506

2. State obligations in relation to access to justice and protection of the right to truth

2.1 General state duty to investigate

Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4

Case of Baldeón García v. Peru. Merits, Reparations and Costs. Judgment of April 6, 2006. Series C No. 147

Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C No. 163

Case of Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 26, 2010. Series C No. 213

Case of the Río Negro Massacres v. Guatemala. Preliminary Objection, Merits, Reparations, and Costs. Judgment of September 4, 2012. Series C No. 250

Case of Cruz Sánchez et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of April 17, 2015. Series C No. 292

Case of Julien Grisonas Family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 23, 2021. Series C No. 437

2.2 Due process guarantees

Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003. Series C No. 101

Case of Serrano Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March 1, 2005. Series C No. 120

Case of the Las Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 24, 2009. Series C No. 211

2.3 Adequate judicial recourse. Effective judicial protection

Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70

Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series C No. 100

2.4 State duty to punish

Case of Carpio Nicolle et al. v. Guatemala. Merits, Reparations and Costs. Judgment of November 22, 2004. Series C No. 117

2.5 State duty to search

Case of Movilla Galarcio et al. v. Colombia. Merits, Reparations and Costs. Judgment of June 22, 2022. Series C No. 452

2.6 State duty of reparation

Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003. Series C No. 101

Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1, 2006. Series C No. 148

Case of Órdenes Guerra et al. v. Chile. Merits, Reparations and Costs. Judgment of November 29, 2018. Series C No. 372

2.7 State obligations in relation to the right to information

Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003. Series C No. 101

Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 24, 2010. Series C No. 219

Case of Herzog et al. v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 15, 2018. Series C No. 353

Case of Flores Bedregal et al. v. Bolivia. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 17, 2022. Series C No. 467

Case of Members of the "José Alvear Restrepo" Lawyers Collective v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 18, 2023. Series C No. 506

2.8 Gender perspective during the judicial process

Case of González et al. ("Cotton Field") v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205

Case of Fernández Ortega et al. v. Mexico. Preliminary Objection, Merits, Reparations, and Costs. Judgment of August 30, 2010. Series C No. 215

3. Rights of the victims’ relatives to know the truth

Case of Trujillo Oroza v. Bolivia. Merits. Judgment of January 26, 2000. Series C No. 64

Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70

Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 136

4. Obstacles and limits to the realization of the right to truth

4.1 Statute of limitations

Case of Trujillo Oroza v. Bolivia. Merits. Judgment of January 26, 2000. Series C No. 64

Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C No. 163

Case of Vera Vera et al. v. Ecuador. Preliminary Objection, Merits, Reparations, and Costs. Judgment of May 19, 2011. Series. C No. 226

4.2 Amnesties

Case of Barrios Altos v. Peru. Merits. Judgment March 14, 2001. Series C No. 75

Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 24, 2010. Series C No. 219

Case Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011 Series C No. 221

Case of the Massacres of El Mozote and surrounding areas v. El Salvador. Merits, Reparations and Costs. Judgment of October 25, 2012. Series C No. 252

4.3 Military Jurisdiction and Jurisdiction

Case of the 19 Merchants v. Colombia. Merits, Reparations and Costs. Judgment of July 5, 2004. Series C No. 109

Case of Fernández Ortega et al. v. Mexico. Preliminary Objection, Merits, Reparations, and Costs. Judgment of August 30, 2010. Series C No. 215

Case of Rodríguez Vera et al. (The Disappeared from the Palace of Justice) v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 14, 2014. Series C No. 287

Case of Cruz Sánchez et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of April 17, 2015. Series C No. 292

4.4 Prison benefits for people convicted of serious human rights violations

Case of the Gómez Paquiyauri Brothers v. Peru. Merits, Reparations and Costs. Judgment of July 8, 2004. Series C No. 110

5. Extrajudicial mechanisms for the establishment of the truth

5.1 Truth commissions

Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166

Case of Gudiel Álvarez et al. ("Diario Militar") v. Guatemala. Merits, Reparations and Costs. Judgment of November 20, 2012. Series C No. 253

Case of Vásquez Durand et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of February 15, 2017. Series C No. 332

Case of Herzog et al. v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 15, 2018. Series C No. 353

5.2 Other non-judicial truth-seeking institutions

Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 23, 2009. Series C No. 209

Case of Contreras et al. v. El Salvador. Merits, Reparations and costs. Judgment of August 31, 2011. Series C No. 232

Case of Maidanik et al. v. Uruguay. Merits and Reparations. Judgment of November 15, 2021. Series C No. 444

5.3 Search and Rescue Commissions

Case of Serrano Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March 1, 2005. Series C No. 120

Final considerations

Annex 1. Glossary of sentences

Annex 2. Reparations