CCPR/C/128/D/3018/2017
thorough official investigation by competent, independent professionals. 4 However, the first
intervention by a judge happened only on 18 May 2015, almost three months after the
disappearance, following the submission by the authors of an application for amparo to the
State and Municipal Court of First Instance No. 6 of the Mérida State Criminal Court Circuit
(para 2.11).
8.
In the present case, there seem to have been 45 investigative procedures undertaken
by the State party’s authorities so far, the last one on 4 August 2017 (para 4.2), although no
detail has been given as to the content of those procedures. However, despite this number,
these procedures do not appear to be part of a comprehensive search and investigation
strategy; several of the procedures requested by the authors have not been carried out, for no
stated reason, even though they seem essential to the process of searching for Mr. Mora
Márquez and investigating his disappearance;5 and the fate and whereabouts of Mr. Mora
Márquez have not yet been elucidated, more than five years after his disappearance. Similarly,
while the authorities have put forward several investigative hypotheses, none has been fully
explored and confirmed, nor have any possible perpetrators of the acts been so far identified,
arrested or prosecuted, nor has the State party provided any information on the current stage
of the proceedings, the last investigative procedure dating back to August 2017 as already
mentioned.6
9.
In view of the foregoing, and in the absence of any explanation from the State party
regarding the lack of progress in the investigation, particularly since August 2017, we would
therefore have concluded that the State party has failed to fulfil its obligations under article
2 (3), read in conjunction with articles 6 and 7, of the Covenant, in respect of Mr. Mora
Márquez, as it has failed to take timely remedial action in the matter and to ensure that the
investigation into his disappearance was conducted in accordance with the principle of due
diligence.
4
5
6
GE.20-07124
Center for Justice and International Law, Debida Diligencia en la Investigación de Graves
Violaciones a Derechos Humanos (Buenos Aires, 2010).
For example, field inspections, identification of the black pickup truck and its occupants, clarification
of the possible responsibility of the Bolivarian National Intelligence Service in the disappearance
(para. 2.4), investigation of the home in which the disappeared person allegedly found himself when
he last spoke to his children (para. 2.6) and possible connections to the government of the State of
Mérida (para 2.10).
Krasovskaya and Krasovskaya v. Belarus, para. 8.3.
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