267. Both the Commission and the representatives argued the violation of the right to
personal integrity 293 of Narciso González Medina’s wife and children, namely: Luz Altagracia
Ramírez, and Ernesto, Rhina Yokasta, Jennie Rossana and Amaury González Ramírez. In
particular, they indicated that the disappearance of Mr. González Medina, the absence of a
diligent investigation into the facts, the uncertainty about his whereabouts, the line of
inquiry relating to suicide, and the impunity of the case caused intense suffering to Narciso
González Medina’s family.
268. The representatives added that the State had failed to comply with its obligation to
protect the family, based on Article 17 294 of the American Convention, because the
disappearance of Narciso González Medina and the absence of the truth “particularly
affected their family life and the family life project.”
269. The Dominican Republic responded that “from the investigations conducted by the
State, it has not been determined that Mr. González was subjected to forced
disappearance”; consequently “it could not be held responsible with regard to the family
either.” In addition, it denied that it had violated Article 17 of the American Convention to
the detriment of Narciso González Medina’s family, without submitting any specific
arguments in this regard.
B) Considerations of the Court
270. In numerous cases, the Court has considered that the family of the victims of certain
human rights violations may, in turn be victims of the violation of the right to personal
integrity. 295 In particular, in cases involving the forced disappearance of persons, it can be
understood that the violation of the right to mental and moral integrity of the victim’s family
is a direct result of this phenomenon, which causes them severe suffering owing to the act
itself, which increases, among other factors, due to the constant refusal of the State
authorities to provide information on the victim’s whereabouts or to conduct an effective
investigation in order to clarify what happened. 296 Furthermore, this Court has established
that the denial of the truth about the whereabouts of a victim of forced disappearance
entails a form of cruel and inhuman treatment for the closest family members, 297 which
leads to the presumption of harm to their mental and moral integrity. 298 This presumption is
established juris tantum with regard to mothers and fathers, daughters and sons, spouses,
and permanent companions, provided this corresponds to the specific circumstances of the
case. 299 This presumption has not been invalidated by the Dominican Republic in this case.
293
Article 5 of the American Convention, supra note 81.
294
Article 17(1) of the Convention stipulates that “[t]he family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
295
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, fourth operative
paragraph, and Case of the Barrios Family v. Venezuela, supra note 77, para. 301.
296
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and
Case of the Barrios Family v. Venezuela, supra note 77, para. 301.
297
Cf. Case of Trujillo Oroza v. Bolivia, Merits. Judgment of January 26, 2000. Series C No. 64, para. 114,
and Case of Contreras et al. v. El Salvador, supra note 51, para. 123.
298
Cf. Case of Valle Jaramillo et al. v. Colombia, supra note 279, para. 119, and Case of
Gelman v. Uruguay, supra note 150, para. 133.
299
Cf. Case of Blake v. Guatemala. Merits, supra note 296, para. 114, and Case of the
Barrios Family v. Venezuela, supra note 77, para. 302.
82
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