141. In the instant case, the Court notes that the next of kin of Jorge Omar Gutiérrez
sought justice for his death before State authorities on repeated occasions, without being
able to access an effective remedy within a reasonable time (supra para. 125). In this
regard, Nilda del Valle Maldonado, the victim’s wife, indicated at the public hearing that:
“There was a before and after the death of Jorge, because for my children and I, and for the whole family,
it was terrible […]; it continues to be terrible even after almost 19 years. I think it had an impact that can
never be repaired because we will never have Jorge with us again; the impact was tremendous,
tremendous for all of us, for his children and for his siblings, his mother and his father […]. Everything
[…] the family did, I think it was commendable. It was the actions of all the family […] the times we
knocked on doors; and […] there was no one in authority that we have not been to see [to find out] what
happened to Jorge or what was being done in the court case […]. The case would have been closed if it
had not been for the family, for the fight we had to put up for everything.”
142. Francisco Gutiérrez, Jorge Omar’s brother, stated that, following his brother’s
murder, his life changed forever. He also indicated that:
“From that moment, I swore to find those who were responsible, the perpetrators, accomplices and
accessories, bring them to justice [so that they …] would be punished […]. I never imagined the impunity
that awaited us. [��� F]irst my mother, Ruth, died in 1997, vanquished by the anguish of Jorge’s death and
the impunity that surrounded the trial for this crime; then my brother Fabián died in strange
circumstances in 2007 and, finally, my father, Francisco, died the following year, in 2008, owing to his
failing physical health and the mental anguish of having to leave this world with the crime against his son
Jorge still unpunished.” 254
143. Meanwhile, Nilda Gutiérrez stated that she had an inconsolable reaction to the news
of her brother’s murder that “upset all [her] beliefs, including religious beliefs.” She had the
responsibility of telling her parents of Jorge Omar’s violent death. In addition, as she lived
very close to her mother’s house she not only suffered because of the loss of her brother,
but also because she saw directly her parents constant manifestations of pain and sadness,
as well as the progressive deterioration of their health, up until their death. 255
144. With regard to the children of Jorge Omar Gutiérrez, the Court underscores the
profound sadness they felt following his execution. In this regard, Jorge Gabriel stated that
“we lived with fear, with doubts [and] always with dread.” 256 For his part, Omar David
stated that it caused him a great deal of “anguish, anger, impotence, and a mixture of
feelings that […] they had killed [his father] in such a treacherous and cowardly way.” 257
Lastly, Marilin Verónica stated that she “always took part [in the investigation into her
father’s murder, and her] conversations were always and still are marked by these events,
by the impunity, by apprehension, by anger, by impotence, and by pain.” 258
145. The Court notes that the extrajudicial execution of Jorge Omar Gutiérrez, attributable
to the State, undoubtedly caused suffering, pain and anguish to his next of kin, particularly
owing to the absence of a serious and effective investigation to identify, prosecute and
punish, as appropriate, the perpetrators of his execution, despite their continuous efforts to
discover the truth about what happened, and the actual impunity in this case (supra para.
133).
146. Based on the above, the Court concludes that the State violated the right to personal
integrity recognized in Article 5(1) of the American Convention, in relation to Article 1(1) of
254
Cf. Affidavit prepared by Francisco Gutiérrez (merits file, folios 697 to 689 and 706).
255
Cf. Affidavit prepared by Nilda Gutiérrez (merits file, folios 719 and 720).
256
Cf. Affidavit prepared by Jorge Gabriel Gutiérrez (merits file, folio 728).
257
Cf. Affidavit prepared by Omar David Gutiérrez (merits file, folio 739).
258
Cf. Affidavit prepared by Marilin Verónica Gutiérrez (merits file, folio 752).
52
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