Fabián died without achieving their desire to obtain justice.” According to the
representatives, Jorge Omar Gutiérrez had an excellent and very close relationship with his
family, who “never remained passive” following his murder, because “Nilda del Valle
Maldonado, Jorge Gabriel, David and Marilin Gutiérrez, and also Francisco and Nilda
Gutiérrez were involved in denouncing the crime, in the search for justice, and in keeping
his memory fresh.” Consequently, the representatives affirmed that the death of Mr.
Gutiérrez and the impunity of this act left his family “in a situation of permanent anguish
and uncertainty that constituted the violation of their right to mental and moral integrity
recognized in Article 5 of the [American Convention].”
137. The State “accepted the conclusions of the [Commission’s] Merits Report with regard
to the next of kin [of Jorge Omar] Gutiérrez […] regarding the alleged violation of [their]
right to personal integrity […] recognized in Article 5 […].” It also acknowledged that “Nilda
Gutiérrez, sister of Jorge Omar Gutiérrez,” was a victim of this violation.
B. Considerations of the Court
138. The Court has indicated on other occasions that the next of kin of the victims of
human rights violations may, in turn, be victims. 247 The Court has considered that the right
to mental and moral integrity of some family members has been violated based on the
suffering they have experienced owing to the acts or omissions of the State authorities, 248
taking into account, among other factors, the steps taken to obtain justice, and the
existence of close family ties. 249 It has also declared the violation of this right owing to the
suffering generated by the acts perpetrated against their loved ones. 250
139. In addition, this Court has underscored that harm to the mental and moral integrity
of the direct family members of victims of certain human rights violations can be presumed,
as has occurred, for example, in the case of some massacres, 251 enforced disappearances of
persons, 252 or extrajudicial executions. 253
140. The Court appreciates the acknowledgement of responsibility made by the State with
regard to the violation of the right to personal integrity of the next of kin of Jorge Omar
Gutiérrez, namely: his wife Nilda del Valle Maldonado de Gutiérrez; his three children, Jorge
Gabriel Gutiérrez, Omar David Gutiérrez, and Marilin Verónica Gutiérrez, and his siblings
Francisco Gutiérrez and Nilda Gutiérrez (supra para. 25). Nevertheless, the Court finds it
pertinent to refer to the difficulties suffered by these persons, as the parties requested
(supra paras. 135 and 136), in order to establish the scope of the harm caused.
247
201.
Cf. Case of the Serrano Cruz Sisters, supra, paras. 113 and 114, and Case of Luna López, supra, para.
248
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and
Case of Luna López, supra, para. 201.
249
Cf. Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70,
para. 163, and Case of Gudiel Álvarez et al. ("Diario Militar"), supra, para. 290.
250
273.
Cf. Case of the Serrano Cruz Sisters, supra, para. 113 and 114, and Case of Mendoza et al., supra, para.
251
Cf. Case of the “Mapiripán Massacre”, supra, para. 146 and Case of Valle Jaramillo et al. v. Colombia.
Merits, reparations and costs. Judgment of November 27, 2008. Series C No. 192, para. 119.
252
Cf. Case of Blake, supra, para. 114, and Case of Valle Jaramillo et al. v. Colombia, supra, para. 119.
253
Cf. Case of La Cantuta v. Peru. Merits, reparations and costs. Judgment of November 29, 2006. Series C
No. 162, para. 218 and Case of Valle Jaramillo et al. v. Colombia, supra, para. 119.
51
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents