judicial case file does not reveal any measure taken in this regard, even in the expansion
of the autopsy report (of May 25, 2006) only the injuries caused by the firearm were
analyzed, without any mention of the other types of injuries present on the body of
Eduardo Landaeta.
274. Consequently, the Court finds that the State failed to comply with its obligation to
ensure the right to humane treatment, by a serious investigation, ex officio, and did not
provide an effective judicial remedy to the members of Eduardo Landaeta’s family.
B.3.5 Conclusion with regard to Eduardo Landaeta
275. The Court concludes with regard to the investigations and the criminal proceedings
instituted with regard to the death of Eduardo Landaeta, that the State did not conduct a
diligent investigation owing to the flaws during the collection of evidence, which involved
the implementation of important procedures more than eight years after the events had
occurred. The Court also concludes that the State did not follow joint lines of
investigation in relation to the death of Igmar Landaeta, despite the indication of a
connection between the two deaths. Furthermore, the Court considers that there were
serious irregularities and procedural delays in the criminal proceedings that were
underlined by the domestic authorities themselves, so that they were not conducted
within a reasonable time, in order to clarify the events and punish those responsible.
Lastly the Court concludes that the State did not conduct any type of inquiry into the
unlawful and arbitrary detention of Eduardo Landaeta or into the indications of torture
during his detention. Consequently, the Court finds that the State is internationally
responsible for the violation of the rights established in Articles 8(1) and 25(1) of the
American Convention, to the detriment of the members of Eduardo Landaeta’s family
(infra para. 294).
VII-4
RIGHT TO PERSONAL INTEGRITY OF THE FAMILY MEMBERS
A. Arguments of the parties and of the Commission
276. The Commission alleged that the State had violated the right to mental and moral
integrity recognized in Article 5(1) of the American Convention in relation to Article 1(1)
of this instrument, to the detriment of the members of the Landaeta Mejías brothers’
family, owing to the suffering and anguish caused by the ineffective actions and the
omissions of the domestic authorities in response to the extrajudicial execution of their
loved ones. The Commission asserted that the manner in which the events occurred, as
well as the impunity surrounding the case, had had both mental and moral effects on the
next of kin owing to the profound suffering and radical change in their lives. Despite the
efforts to obtain justice and to clarify the events, the offenses remain unpunished; a
situation that has been a constant source of frustration, sadness and helplessness. In
order to establish the violation of the mental and moral integrity of the next of kin, the
Commission considered the profound suffering due to the threats and subsequent
extrajudicial execution of Igmar and Eduardo Landaeta Mejías, only a month and a half
apart, added to the anguish they must have felt by anticipating the fate of Eduardo, once
he had been detained and was being kept incommunicado, taking into account the
previous threats and the death of his brother.
277. The representatives agreed that the State had violated the right recognized in
Article 5(1) of the Convention owing to the “mental and moral” effects on the family
members due to the unlawful detention of Eduardo and the death of both Eduardo and
his brother Igmar, both surnamed Landaeta Mejías. The representatives mentioned the
following factors that caused “suffering, anguish, insecurity, frustration and
helplessness” to their next of kin: the failure of the public authorities to conduct a
thorough and diligent investigation; the remedies that were ineffective to respond to
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