37 123. In conclusion, pursuant to the partial acknowledgment of responsibility made in the instant case, the Court finds that the Honduras violated the rights set forth in Article 4(1) of the Convention, in relation to the obligation to respect and guarantee rights enshrined in Article 1(1) thereof, to the detriment of Mrs. Blanca Jeannette Kawas-Fernández. Furthermore, it considers that the State violated the rights enshrined in Articles 8(1) and 25 of the American Convention, in relation to Article 1(1) of such treaty, to the detriment of Mrs. Blanca Fernández, Mr. Jacobo Kawas-Cury, Mr. Jaime Alejandro Watt-Kawas, Mrs. Selsa Damaris Watt-Kawas, Mrs. Carmen Marielena Kawas-Fernández, Mr. Jacobo Roberto Kawas-Fernández and Mr. Jorge Jesús Kawas-Fernández. VIII ARTICLE 5(1) (RIGHT TO HUMANE TREATMENT)154 IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION 124. The representatives requested the Court to find the State of Honduras responsible for the violation of the right to humane treatment to the detriment of the next of kin of Blanca Jeannette Kawas-Fernández, pursuant to the provisions set forth in Articles 5(1) and 5(2) of the American Convention, in relation to the general obligation to respect and guarantee human rights enshrined in Article 1(1) thereof. They alleged that the children, mother and brothers of Blanca Jeannette Kawas “have suffered serious emotional harm [...] not only as a result of the premeditated murder of Jeannette, but also as a consequence of years of impunity” insofar as they “[h]ave witnessed the passivity and incompetence of the authorities in charge of the investigation and the delay in gaining access to justice as a result of the omissions and obstructive behavior of public officials seeking to hinder the proceedings.” In this connection, they stated that “[their] expectations of justice were thwarted.” The representatives mentioned that the relatives of Blanca Jeannette Kawas “are frightened by the presence of people in their community who might be involved in the murder, [which] causes additional stress [that] affects their integrity.” 125. In its Reports on admissibility and Merits, the Inter-American Commission did not consider that a violation of Article 5 of the American Convention had occurred and, therefore, did not allege the violation of the right to humane treatment to the detriment of the next of kin of Blanca Jeannette Kawas-Fernández in the application filed with the Court. 126. The State of Honduras disputed the alleged violation of the right to humane treatment to the detriment of the next of kin of Blanca Jeannette Kawas-Fernández and requested the Court to consider the argument raised by the Inter-American Commission in its Report on the Merits, in which it found that “based on the analysis of the case, there are no other independent facts that may lead the Commission to conclude that Article 5 of the American Convention has been violated.” 127. In accordance with this Court’s precedents, the alleged victim, his or her next of kin 154 In this regard, Article 5 provides that: 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.

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