15
cases39. The basis was set for the jurisprudential development of the notion of
indirect victim under the European Convention on Human Rights40. Shortly
afterwards, in the Amekrane versus United Kingdom case (1973-1974), the
European Commission admitted that the widow and the sons of Mohamed Amekrane,
- a Moroccan military who sought political asylum in Gibraltar and was extradited
therefrom by the British authorities to Morocco, where he was condemned to death
and executed, - could claim to be "victims" of violations of Articles 3, 5 and 8 of the
European Convention, to the detriment of their deceased husband and father41. More
recently, in its decision on the admissibility of the Andronicou and Constantinou
versus Cyprus case (1995), the European Commission relied upon its own
jurisprudence constante to the effect that the parents of a person whose death
engages the responsibility of the respondent State can claim to be victims of a
violation of the European Convention, the same occurring with the brothers and
sisters of the deceased person in case that person was unmarried42.
44.
At global level (United Nations), several decisions of the Human Rights
Committee (under the Covenant on Civil and Political Rights of the United Nations)
have oriented themselves in the same sense. It may be recalled, for example, the
position adopted in the matter by the Committee in two cases pertaining to Uruguay,
namely: in the García Lanza de Netto case (1980), the Committee accepted that the
initial author of the petition, by virtue of "close family connection", acted on behalf of
the alleged victims, her uncle and aunt (who had been detained and were unable to
act on their own behalf)43; and in the Valentini de Bazzano case (1979) the
Committed understood in the same way that the author of the petition "was justified
by reason of close family connection in acting on behalf of the other alleged
victims"44. Thus, the present Blake versus Guatemala case, in the inter-American
system of protection of human rights, makes no exception to this significant doctrinal
and jurisprudential evolution as to the notion of victim under human rights treaties.
45.
Which are, at last, the lessons that we can extract from the present Blake
case before the Inter-American Court? Essentially ten, in my understanding, which I
allow myself to summarize in conclusion:
39.
Cf., e.g., Koolen versus Belgium case, application n. 1478/62, in Collection of Decisions of the
European Commission of Human Rights, vol. 13, p. 89; X. versus Federal Republic of Germany case,
application n. 282/57, in Yearbook of the European Convention on Human Rights, vol. I, p. 166.
40.
Cf. two other decisions in ibid., p. 275.
41.
European Commission of Human Rights, application n. 5961/72, decision of admissibility of
11.10.1973, pp. 1-14, pars. 1-30, cf. especially par.26 (mimeographed, internal circulation); and cf., for
the friendly settlement of the case, European Commission of Human Rights, Amekrane versus United
Kingdom case, Report of the Commission (of 19.07.1974), pp. 1-5.
42.
Application n. 25052/94, Andronicou and Constantinou versus Cyprus case, decision of
admissibility of 05.07.1995, in: Commission Européenne des Droits de l'Homme, Décisions et Rapports,
vol. 82-B, Strasbourg, C.E., 1995, p. 112; and the Commission added that the conditions governing
applications under Article 25 of the European Convention do not necessarily coincide with the national
criteria concerning locus standi, as the legal norms of domestic law on the matter can serve ends different
from those of Article 25 of the Convention (autonomy of the notion of victim).
43.
Communication n. 8/1977, in: International Covenant on Civil and Political Rights, Human Rights
Committee - Selected Decisions under the Optional Protocol, [vol. I], N.Y., U.N., 1985, pp. 45-46.
44.
Communication n. 5/1977, in ibid., pp. 41 and 43; moreover, communication n. 63/1979,
concerning Uruguay, decided by the Committee in 1981, was submitted by Violeta Setelich, on behalf of
her husband Raúl Sendic Antonaccio (in ibid., pp. 102 and 104).
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