35
116. Considering these elements, and the acknowledgement made by the State, the Court
finds that in the 14-year term that took the domestic jurisdiction to carry out the
investigation of the events exceeds openly a reasonable term for the State to perform the
related investigation and constitutes a flagrant denial of justice to the detriment of the next
of kin of Blanca Jeannette Kawas-Fernández.
117. Moreover, in cases as the one analyzed herein, pursuant to Articles 8(1) and 25 of
the American Convention, the relatives of the deceased victim have the right to know the
truth of the events141 and such right requires the procedural determination of the most
complete historical truth as possible.142 The relatives of the victims also have the right, and
the States the obligation, to have any damage and loss the sustained repaired.143 In this
sense, the State has the duty to repair directly and essentially those human rights violations
for which it is responsible.144 The Court finds that, as of the date of this Judgment, the
relatives of Mrs. Blanca Jeannette Kawas-Fernández have had no judicial determination of
the events and those responsible therefor, covering the reparation of violations, the
clarification of the facts regarding the execution of Mrs. Kawas-Fernández and if applicable,
the punishment of those responsible. The circumstances described above constitute a
source of additional anguish and suffering to them (infra para. 139).
118. Based on the considerations above, the Court finds that the investigation opened in
the domestic jurisdiction has not guaranteed true right to justice for the relatives of the
deceased victim, which constitutes a violation of their rights to judicial protection and
judicial guarantees, in accordance with the terms of Articles 8(1) and 25 of the American
Convention.
119. Considering the acknowledgment made by the State (supra para. 28), the Court has
verified that the individuals listed below are the relatives of Mrs. Blanca Jeannette KawasFernández; therefore, they will be considered victims in the instant case: Blanca
Fernández,145 mother; Jacobo Kawas-Cury,146 deceased father; Jaime Alejandro WattKawas,147 son; Selsa Damaris Watt-Kawas,148 daughter; Carmen Marielena Kawas141
Cf. Case of Velásquez-Rodríguez. Merits, supra note 17, para. 181; Case of Ticona-Estrada et al. Merits,
Reparations and Costs, supra note 8, para 80, para. 289; and Case of Heliodoro-Portugal. Preliminary Objections,
Merits, Reparations and Costs, supra note 123, para. 244.
142
Cf. Case of the Rochela Massacre. Merits, Reparations and Costs, supra note 87, para. 195; and Case of
Valle-Jaramillo et al. V. Colombia. Merits, Reparations and Costs, supra note 8, para. 155.
143
Cf. Case of Durand and Ugarte V. Perú. Merits. Judgment of August 16, 2000. Series C No. 68, para. 130,
and Case of Valle-Jaramillo et al. V. Colombia. Merits, Reparations and Costs, supra note 8, para. 103.
144
Cf. Case of Valle-Jaramillo et al. V. Colombia. Merits, Reparations and Costs, supra note 8, para. 155.
145
Cf. birth certificate of Mrs. Blanca Jeannette Kawas-Fernández (record on the Merits, volume III, folio
675).
146
Cf. birth certificate of Mrs. Blanca Jeannette Kawas-Fernández (record on the Merits, volume III, folio
675).
147
Cf. birth certificate of Mr. Jaime Alejandro Watt-Kawas (record of appendixes to the brief of requests and
arguments, folio 1797).
148
Cf. birth certificate of Mrs. Selsa Damaris Watt-Kawas (record of appendixes to the brief of requests and
arguments, folio 1798).
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