22 Mr. Bueno-Alves also maintains strong and affective ties with his other children and grandchildren, which indicates that there is a family unit that gives him emotional support.59 102. On other occasions the Court has stated that the next of kin of the victims of violations to human rights may be, in turn, victims themselves.60 Among other issues, it should be considered whether there exists a close family tie, the particular circumstances of the relationship with the victim, the manner in which the next of kin witnessed the events that constitute a violation and the degree of involvement in the quest for justice and the answer provided by the State to the different steps undertaken.61 103. In this case, in order to support the emotional bond necessary to consider the next of kin as victims of the facts in violation of Article 5 of the American Convention, there is evidence only as to the relationship between Mr. Bueno-Alves and his mother,62 former spouse,63 and children,64 but there is no evidence which proves the relationship with his siblings, grandchildren, son-in-law, and daughter-in-law. Furthermore, the evidence submitted is not sufficient to prove that the death of his mother and his brother may be attributed to the facts endured by the victim. 104. In view of the foregoing, the Court considers that only the family members belonging to the closest circle of Mr. Bueno-Alves, that is to say, his mother, his former spouse, and his children are victims of the violation of Article 5(1) of the American Convention, in relation to Article 1(1) thereof, due to the emotional damage caused by the torture inflicted upon Mr. Bueno-Alves by State agents and the subsequent denial of justice. X ARTICLE 8 (RIGHT TO A FAIR TRIAL)65 AND 25 (JUDICIAL PROTECTION)66 IN RELATION TO ARTICLE 1(1) THEREOF (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION 59 Cf. Report of social worker Rull of March 16, 2007 (record of evidence filed by the State to facilitate the adjudication of the case, folios 5624 and 5625). 60 Cf. Case of the Miguel Castro-Castro Prison, supra note 14, para. 335; Case of Vargas-Areco, supra note 14, para. 83, and Case of Goiburú et al, supra note 15, para. 96. 61 Cf. Case of the Miguel Castro-Castro Prison, supra note 14, para. 335; Case of Servellón-García et al, supra note 15, para. 128, and Case of Bámaca-Velásquez, supra note 45, para. 163. 62 Tomasa Alves-De Lima, Mr. Bueno-Alves’ mother, died on January 28, 2001, i.e. after the facts. Cf. Death certificate issued by the Office of Civil Registry of Uruguay on February 16, 2001 (record on the merits, Volume III, folio 1309). 63 Inés María del Carmen Afonso-Fernández was married to Bueno-Alves until October 20, 1993, i.e. after the facts. Cf. Decree of Divorce No. 140 of October 20, 1993 (record on the merits, Volume III, folios 1289 and 1290). 64 Mr. Bueno-Alves’ son and daughters are: Juan Francisco Bueno and Ivonne Miriam Bueno and Verónica Inés Bueno. Cf. Birth certificates of October 26, 1975 and January 26, 1977, issued by the General Department of Civil Registry of Uruguay, Family Book No. 482488 of Roldán-Bueno, issued by the Office of Civil Registry of Buenos Aires (record on the merits, Volume III, folios 1037, 1294, and 1292). 65 Article 8(1) (Right to a Fair Trial) of the Convention sets forth that: Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 66 Article 25(1) (Right to Judicial Protection) of the Convention sets forth that:

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