16
application. Nevertheless, the new rights have to have a relation with the facts
established in the application.28
45.
With regard to the subject under discussion, the Court would review if the
lack of a judicial answer breached the right to humane treatment of Carmen Cornejo
de Albán and Bismarck Albán-Sánchez, the parents of Laura Albán, considering the
facts related to the search of justice in the present case.
46.
On other occasions, the Court has considered the right to psychological and
moral integrity of some next-of-kin to have been violated as a result of the suffering
endured due to actions or omissions committed by State authorities. Among the
issues to be considered in all cases is the response given by the State to the steps
and procedures taken to seek judicial relief and the existence of a close family tie.29
47.
In the instant case the close emotional link between Carmen Cornejo de Albán
and Bismarck Albán-Sánchez and their daughter has been proven to the purpose of
considering them as victims of acts committed in violation of Article 5 of the
American Convention, particularly the situation of Carmen Cornejo de Albán, who
fully devoted herself to seek justice regarding the circumstances in which her
daughter died.
48.
that
In this regard, during the public hearing, Mrs. Cornejo de Albán expressed
[she devoted] virtually all of her time [to seek justice in this case,] since she was
leaving [her] home at about half past seven in the morning and coming back at about
seven in the evening. First, [going] to several libraries to make bibliographical enquiries
and visited different physicians, begging them for an opinion on [her] daughter’s death,
then, looking for an attorney, and during the proceedings, visiting the Court [so] that
they would send a brief promptly, answer [them], because in short, all the investigation
was left in [their] hands and in those of [their] attorney.
[…]
After all of this, as I have already said honestly, justice was derided, our rights were
trampled on and impunity had the upper hand.
[…B]ut I do not want these things to continue to happen, I do not want anyone else to
go through what we went through, and therefore and because she believe[s] in human
rights she turn[ed] to the Commission to seek justice […] for [her daughter]. [She has]
committed herself to fight against injustice, to fight against impunity and she would like
physicians to become more humane, to see their profession as a priesthood and not as
business. I would like things to change, somehow.
49.
Likewise, Bismarck Albán Sánchez expressed in his affidavit that it was his
wife “who had, for the most part, followed up on these investigation proceedings in
order to obtain evidence and carry out other relevant proceedings.” He added that
she “firmly insisted on elucidating the causes of [her daughter’s] death and, once
she managed to find the elements of judgment she could find, despite all the
obstacles she faced, she remained at the head of the proceedings [...and], obviously,
[he] support[ed] her, in spite of the pain.” He added that
28
Cf. Case of the “Five Pensioners” v. Peru. Merits, reparations, and costs. Judgment of February
28, 2003. Series C No. 98, para. 155; Case of Escué-Zapata, supra note 12, para. 92; Case of BuenoAlves, supra note 11, para. 121; and Case of Acevedo-Jaramillo et al. v. Peru. Preliminary Objections,
Merits, reparations, and costs. Judgment of February 7, 2006. Series C No. 144, para. 280.
29
Cf. Case of Bámaca-Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C
No. 70, para. 163; Case of Cantoral-Huamaní and García-Santa Cruz, supra note 13, para. 112; Case of
Escué-Zapata, supra note 12, para. 77; and Case of Bueno-Alves, supra note 11, para. 102.