31
forced disappearance of persons, the violation of the right to psychological and moral
integrity of the victim’s next of kin is, precisely, a direct consequence of the
disappearance, which causes them, by the fact itself, serious suffering that is further
aggravated by the state authorities’ continued refusal to provide information on the
victim’s whereabouts or to open an effective investigation to find the truth.42
60.
The Tribunal has weighed the particular circumstances of this case,
particularly the close nature of the emotional bond between the next of kin and
Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José
Francisco Rivas-Fernández, the fact that some of the aforementioned next of kin
witnessed the detention of the victims and the ill-treatment afforded them, the
official refusal to provide information on the events, and the blocking of the efforts
made by such next of kin to find out the truth about the events. Based on said
circumstances and the State’s acknowledgement of responsibility, the Court
considers it a proven fact that the victims’ next of kin have suffered a great deal, to
the detriment of their psychological and moral integrity, due to the forced
disappearance of the victims. Furthermore, the lack of information on the
whereabouts of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz
and José Francisco Rivas-Fernández has further aggravated the suffering of their
next of kin.
61.
In the light of said acknowledgement of responsibility, it is the Court’s view
that Venezuela violated the rights enshrined in Articles 5(1) (Right to Humane
Treatment), 8(1) (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the
American Convention, in relation to Article 1(1) thereof, to the detriment of the next
of kin of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José
Francisco Rivas-Fernández, namely: Alejandra Josefina Iriarte de Blanco, Gisela
Romero, Aleoscar Russeth Blanco-Iriarte, Oscar Alejandro José Blanco-Iriarte, Orailis
del Valle Blanco, Edwar José Blanco, Teodora Paz de Hernández, Roberto Aniceto
Hernández, Nélida Marina Hernández-Paz, Aida Benirgia Hernández-Paz, Mirna
Esperanza Hernández-Paz, Aleidy Maritza Hernández-Paz, Brizania Hernández-Paz,
Reina Alejandra Antune-Paz, Ramón Alberto Paz, Carlos Paz, Nélida Josefina
Fernández-Pelicie, Francisco Jeremías Rivas, Eneida Josefina Rivas-Fernández, Yelitza
Isabel Rivas-Fernández, Luis Ernesto Rivas-Fernández, Rubén Alexis RivasFernández, Miguel Enrique Galindo-Fernández, and José Daniel Rivas-Martínez.
Likewise, the State failed to comply with its obligation under Article 8 of the InterAmerican Convention to Prevent and Punish Torture, to the detriment of the abovelisted next of kin of Messrs. Oscar José Blanco-Romero, Roberto Javier HernándezPaz and José Francisco Rivas-Fernández. Likewise, Venezuela violated Article 8(2)
(Right to a Fair Trial) of the American Convention, in relation to Article 1(1) thereof,
to the detriment of Mrs. Alejandra Josefina Iriarte de Blanco, by preventing her, at
the September 6, 2002 preliminary hearing before the Fifth Criminal Trial Court for
Vargas State, as a Control Court, from exercising her right to state the grounds for
her petition in connection with the prosecution’s case and by preventing her attorney
from presenting his power of attorney, thus blocking him from pressing criminal
42
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 146; Case of 19 Tradesmen. Judgment
of July 5, 2004. Series C No. 109, para. 211; and Case of Bámaca-Velásquez. Judgment of November 25,
2000. Series C No. 70, para. 160.
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