32
Palomino, and Emiliano, Mónica, Mercedes, Rosa and Margarita Palomino-Buitrón,
the Court must now decide whether these persons have been victims of said
violation.
65.
From the facts presented in the instant case, the Court notices that Mr.
Santiago Gómez-Palomino’s sisters and brother had a close bond of affection with
him, and that he, on the other hand, had stood in a paternal role towards his
younger sisters and brother (supra para. 48(c)). According to the report rendered
by expert María del Pilar Raffo-Lavalle de Quiñones
Santiago was the eldest son of [Victoria] Margarita, who provided support for the
family group, not only in financial terms […]. He lived with his mother and younger
siblings Emiliano, Mónica, Mercedes, Rosa and Margarita and played a paternal role
in the family. With the children born from three different and absent fathers, this
family was in an irregular situation. In the absence of a real, active, and protective
father, the eldest brother had taken on this role.
66.
Furthermore, in her statement before an official whose acts command full
faith and credit (supra para. 48(a)), Mrs. Victoria Margarita Palomino-Buitrón said
that:
she ha[s] looked for [his] son for thirteen years…[her] daughters, Dolores, Luzmila
and Mónica have helped her in her search; Emiliano could not help because he was
on military service; on the weekends he came to visit [her], he just cried, and [her]
daughters, also crying, would tell him ‘Santi does not come back'. [Her] children
grieve over the loss of the love of Santiago to this day; they love him, he was like a
father to them, he cared about them.
67.
The Court finds that Mr. Gómez-Palomino’s sisters and brother have endured
intense suffering to the detriment of their mental and moral integrity as a result of
their brother’s forced disappearance and the circumstances related to it, such as the
search they carried out in hospitals, local police stations, detention centers and
morgues, hoping to find him alive; the indifference and lack of information or
support from government authorities in such search for the victim; the impossibility
of giving their brother a decent burial according to their customs, as well as the
inordinate delay in the investigation and possible punishment of those responsible
for his disappearance, the effect of which is the impunity still attending the instant
case (supra para. 54.25). Peru has failed to provide any worthy evidence to
contradict these facts.
68.
Based on the foregoing and in accordance with its case law,54 the Court finds
that the State violated the right to humane treatment enshrined in Article 5(1) of
the American Convention, in relation to Article 1(1) thereof, to the detriment of Mr.
Gómez-Palomino’s sisters and brother: María Dolores Gómez-Palomino, Luzmila
Sotelo-Palomino, Emiliano, Mónica, Mercedes, Rosa and Margarita Palomino-Buitrón.
IX
VIOLATION OF ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION
(RIGHTS TO A FAIR TRIAL AND JUDICIAL PROTECTION)
54
Cf. Case of the Serrano-Cruz sisters, supra note 51, paras. 113 and 114; and Case of 19
Tradesmen, supra note 51, para. 211; and Case of Molina-Theissen. Judgment of May 4, 2004, para. 44.
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