41 rendering testimony before the Inter-American Court meant “an opportunity for securing justice, the hope that impunity would end [...].” 137. Mr. Jorge Jesús Kawas-Fernández stated that he had a very close relationship with his sister, Blanca Jeannette Kawas-Fernández, that “she was like the head of the family; [that] whenever she c[a]me to Tegucigalpa she would stay at [his] home and vice versa.” Furthermore, he pointed out that “from an early age she was like a mother to [him].” He added that “when his biological mother left for the Unites States, Jeannette, barely eighteen years old, took over [his] care” and that “there was always a special bond between them beyond sibling love and that her personal demeanor and conduct [earned her] the respect and deep appreciation of the family.” Mr. Jorge Jesús Kawas pointed out that his sister’s death “was the end[;] an initial reaction of shock and disbelief which later developed into a profound grief and sorrow at her unjust death.” Furthermore, he stated that the family “[is] afraid […] owing to the [State’s] inability to prosecute and punish those who commit violent crimes.”179 138. As regards Carmen Marilena Kawas-Fernández, sister of the deceased victim, the record shows that they had a “very good” relationship and that “she always supported [her].”180 In addition, from the statement rendered by Mr. Jacobo Roberto KawasFernández, it is clear that since Blanca Jeannette was the oldest of four children, “at an early age, she had to look after her younger siblings [Carmen Marilena Kawas-Fernández among them] and to always watch over them [...].” Mr. Jacobo Kawas-Fernández also stated that his sister Carmen Marilena traveled to Honduras from the United States to go to her sister’s funeral.181 The Court points out that the State acknowledged the violation of Articles 8 and 25 of the American Convention to the detriment of “the next of kin of Blanca Jeannette Kawas-Fernández” (supra para. 7), Mrs. Carmen Marilena among others. 139. Based on the foregoing, the Court finds that Jacobo Roberto Kawas-Kury, Blanca Fernández, Selsa Damaris Watt-Kawas, Jaime Alejandro Watt-Kawas, Jacobo KawasFernández, Jorge Jesús Kawas-Fernández and Carmen Marilena Kawas-Fernández’s close family relationship with Blanca Jeannette Kawas-Fernández has been established. Furthermore, the Court considers that the manner and circumstances in which Blanca Jeannette Kawas-Fernández was deprived of her life and the inefficiency of the measures adopted to investigate the murder and punish the perpetrators have caused them pain and suffering in addition to a feeling of insecurity, frustration and impotence at the public authorities’ failure to investigate the facts of the case, thus undermining their mental moral integrity (supra para. 117). Therefore, the Court finds that the State is responsible for the violation of Article 5(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of the abovementioned persons. The Court has not found a violation of Article 5(2) of the American Convention, in accordance with its previous decisions on the subject of torture and other cruel, inhumane or degrading treatment. IX 179 Cf. Statement rendered before a notary public (affidavit) by Mr. Jorge Jesús Kawas-Fernández on October 30, 2008, supra note 168. 180 Cf. Statement rendered before a notary public (affidavit) by Selsa Damaris Watt-Kawas on October 28, 2008, supra note 171. 181 Cf. Statement rendered by Mr. Jacobo Kawas-Fernández before the Inter-American Court, supra para. 25.

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