273. The Court has stated on other occasions that the next of kin of the victims of human
rights violations may be victims in their own right. 351 The Court has considered that the
right to mental and moral integrity of some of the next of kin has been violated due to the
suffering they experienced as a result of the acts or omissions of the State authorities, 352
taking into account, among other matters, the steps taken to obtain justice and the
existence of close family ties. 353 It has also declared the violation of this right owing to the
suffering resulting from the acts perpetrated against their loved ones. 354
B.1.1. Next of kin of César Alberto Mendoza
274. This Court considers it evident from the affidavits provided to it, 355 as well as from
the social report on Cesar Alberto Mendoza in the case file, that his mother, Isolina del
Carmen Herrera; his companion from 1999 until August 2007, Romina Beatriz Muñoz, and
his daughters and son Ailén Isolina Mendoza, Samira Yamile Mendoza and Santino
Geanfranco Mendoza, suffered psychological harm owing to the life sentence imposed on
him. Thus, the Court observes that the social report records that Cesar Alberto Mendoza’s
mother perceived his imprisonment as the “loss of a member of the family,” which caused
her “profound pain” and adverse effects on their daily life. 356 The report also documented
how Cesar Mendoza’s imprisonment had a significant impact on the situation as a mother of
Romina Beatriz Muñoz and on the raising of their children, whose growth and development
were “adversely affected by their father’s imprisonment.” 357 According to the affidavit
prepared by Ms. Muñoz, César Alberto Mendoza’s children, Ailén, Zamira and Santino,
“never […] knew [their father …] outside prison, and always saw him in grey, dark, enclosed
spaces,” a situation that negatively affected their conduct. Consequently, at the request of
the authorities of the educational centers they attended, Ms. Muñoz had “to take all three to
a psychologist.” In particular, Ms. Muñoz stressed that it was difficult to explain to their
eldest daughter, Ailén Mendoza, “that her father could remain in prison for ever.” 358 Based
on the foregoing, the Court considers that Argentina is responsible for the violation of Article
5(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of
Isolina del Carmen Herrera, Romina Beatríz Muñoz, Ailén Isolina Mendoza, Samira Yamile
Mendoza and Santino Geanfranco Mendoza.
B.1.2. Next of kin of Claudio David Núñez
351
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs. Judgment of March 1,
2005. Series C No. 120, para. 113 and 114, and Case of the Massacre of Santo Domingo v. Colombia, para. 242.
352
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and
Case of Gudiel Álvarez et al. ("Diario Militar") v. Guatemala, para. 290.
353
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") v. Guatemala, para. 290.
354
Cf. Case of the Serrano Cruz Sisters v. El Salvador, para. 113 and 114, and Case of Furlan and family
members v. Argentina, para. 249.
355
Cf. Testimony by affidavit of Isolina del Carmen Herrera of August 21, 2012 (merits file, tome II, folios
1407 and 1408), and Testimony by affidavit of Romina Beatríz Muñoz of August 22, 2012 (merits file, tome II,
folios 1428 to 1430).
356
Cf. Social report on César Alberto Mendoza of November 30, 2011 (file of annexes to the pleadings and
motions brief, folio 6699).
357
Cf. Social report on César Alberto Mendoza of November 30, 2011 (file of annexes to the pleadings and
motions brief, folio 6700).
358
Cf. Testimony by affidavit of Romina Beatríz Muñoz of August 22, 2012 (merits file, tome II, folios 1428
and 1429).
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