Where issues of official secrecy, confidentiality, public interest or national security arise during the investigation, determination of the secrecy of information may not depend exclusively on a State body whose members are deemed responsible for committing the act under investigation, as this would clearly be incompatible with effective judicial protection.479 3.2.3 Duty to enact and enforce legislation Article 2 of the ACHR provides: “Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.” This independent obligation compliments and reinforces the obligation to respect and ensure rights imposed by Article 1 of the ACHR.481 Article 6 of the IACPPT further develops this obligation, providing in part: 3 The Inter-american Regional System The aims of conducting such investigations include avoiding repetition, fighting impunity, and respecting the right of the victim to know the truth. However, the Inter-American Court has gone further than its international counterparts in finding that not only the victims, but also “society as a whole” has a right to know the truth about the events.480 “States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.” Mack Chang v Guatemala, IACHR (Series C) No. 101, judgement of 25 November 2003, §§180–181. See also La Cantuta v Peru (2006), op. cit., §111. 480 Vargas Areco v Paraguay (2006), op. cit., §81. See also Ituango Massacres v Colombia (2006), op. cit., §§299, 402; Baldeón-García v Peru (2006), op. cit., §§195, 201; Blanco Romero v Venezuela, IACHR (Series C) No. 138, judgement of 28 November 2005, §98; Montero-Aranguren and Others v Venezuela (2006), op. cit., §137. 481 The Word “Laws” in Article 30 of the American Convention on Human Rights, Advisory Opinion OC-6/86 of 9 May 1986, IACHR (Series A) No. 6, separate opinion by Justice Hector Gros Espiell, §6; Enforceability of the Right to Reply or Correction (Articles 14(1), 1(1) and 2 of the American Convention on Human Rights), Advisory Opinion OC-7/86 of 29 August 1986, IACHR (Series A) No. 7, §29-30; Velásquez-Rodríguez v Honduras (1982), op. cit., §165–66. 479 105