36
b)
As regards Bernabé Baldeón-García’s next of kin
i)
the violation of their mental and moral integrity “is the direct result of
what happened to [Mr.] Bernabé Baldeón-García, who was not only a father
and a husband, but a figure of authority, respect and wisdom in his
community;”
ii)
the body of Mr. Bernabé Baldeón-García was buried “immediately
without giving notice to his immediate family, denying them the right to give
him burial according to their rites;”
iii)
the events subject matter of the instant case caused them “suffering
and a feeling of impotence toward State authorities, despair, displacement,
and anguish at the indifference of the authorities who did not comply with
their duty to investigate and punish those responsible for such events;”
iv)
“throughout the years, they have been seeking a rigorous and
impartial investigation;” and
v)
their grief stems from the lack of a thorough and effective investigation
into the facts surrounding the death of Mr. Bernabé Baldeón-García.
Argument of the State
108. With respect to Article 5 of the American Convention, the State acknowledged
its international liability for the "maltreatment" meted out to Mr. Bernabé BaldeónGarcía. However, the State made no statement regarding the obligations derived
from said conventional provision in respect of the alleged victim’s next of kin (supra
paras. 20 and 54(b)).
Considerations of the Court
109.
Article 5 of the Convention sets forth:
1.
Every person has the right to have his physical, mental, and moral integrity
respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment
or treatment. All persons deprived of their liberty shall be treated with respect for the
inherent dignity of the human person.
[...]
110. Before embarking on the analysis of the obligations derived from the
conventional provisions transcribed hereinabove, the Court notices that the
representatives alleged that the State failed to comply with the obligations set forth
in Articles 2 (sic) and 3 of the Inter-American Convention to Prevent and Punish
Torture (supra para. 19). The Commission raised no arguments on this issue. In this
regard, the Court has established that the representatives may allege violations
different from those alleged by the Commission provided that those legal arguments
are based on the facts set out in the application.68 The alleged victims are the
holders of the rights enshrined in the Convention; therefore, depriving them from
advancing their own legal arguments would be an undue restriction on their right to
68
Cf. Case of the “Mapiripán Massacre”, supra note 1, paras. 57 and 58; Case of Yatama. Judgment
of June 23, 2005. Series C No. 127, para. 183; and Case of Fermín Ramírez. Judgment of June 20, 2005.
Series C No. 126, para. 88.