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against Pedro Huilca Tecse, based on the complaint formulated by the Public
Prosecutor’s Office.
With regard to the family of Pedro Huilca Tecse
60(58) At the time of his death Pedro Huilca Tecse lived with his companion, Martha
Flores Gutiérrez. His children are: José Carlos Huilca Flores, Indira Isabel Huilca
Flores, Pedro Humberto Huilca Gutiérrez, Flor de María Huilca Gutiérrez and Katiuska
Tatiana Huilca Gutiérrez. Julio César Escobar Flores is the alleged victim’s stepson
and the son of Martha Flores Gutiérrez.
60(59) The next of kin of the alleged victim suffered emotional and financial harm
owing to his death and to the difficulties in obtaining access to justice, which has had
an impact on their social relationships. Also, Pedro Huilca Tecse’s family suffered
fragmentation with the disappearance of the father figure, who was also the
connection and point of union between two families.
60(60) The sudden violent death of her companion triggered psychological problems
in Martha Flores Gutiérrez, which prevented her from keeping up her social network,
and this contributed to the family’s isolation. Martha Flores Gutiérrez had to provide
affective and financial support to her children unaided.
60(61) Flor de María Huilca Gutiérrez had to assume the care of her younger siblings,
postponing her own personal development. The absence of an effective investigation
into the facts has generated doubts and ambivalence in Flor de María, arising from
the feeling of the uncertainty of not knowing who killed her father.
60(62) The death of Pedro Huilca Tecse affected his children in different ways, by
creating distress at his absence, learning difficulties, anxiety and depression, as well
as feelings of fear and uncertainty, and of persecution, which reappear in certain
situations.
60(63) Julio César Escobar Flores, who was 18 years old when the facts occurred,
was injured in the same act in which his stepfather lost his life (supra para. 60(23)).
The facts of this case made him react by isolating and turning in on himself. The
traumatic experience halted his development and productivity. Following the death of
his stepfather he decided to leave the university.
60(64) The lack of justice has contributed to creating a feeling of frustration in the
members of the alleged victim’s family.
VII
MERITS
Considerations of the Court
61.
Article 53(2) of the Rules of Procedure of the Court establishes that:
If the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as to the claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical effects
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